CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Resident Rights
(Tag F0550)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy, the facility failed to allow residents to exercise their right to refuse...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy, the facility failed to allow residents to exercise their right to refuse transfer/discharge without interference or coercion, for 14 of 20 Residents (R) reviewed for residents' rights. During [DATE] - [DATE] Residents were transferred to another skilled nursing facility (SNF) due to the facility closing units of the facility for staffing purposes. R1, R2, R3, R4, R5, R6, and R15 were discharged to Ridgeland Nursing Center in Ridgeland, South Carolina. R7, R8, R9, R10, R11, R12, and R13 were discharged to The Palms Nursing and Rehab at Orange Park in Orange Park, Florida, approximately 3 hours from Bayview Manor in [NAME], South Carolina.
Four (4) out of the 14 Residents that were discharged from the facility have a Brief Interview of Mental Status (BIMS) score of 9 or below which indicates cognitive impairment, (R1, R5, R7, R12).
Facility failure to allow residents their right to exercise his or her rights without interference or coercion has potential adverse outcome on resident's psycho/social wellbeing due to residents being discharged from a familiar environment and away from family members in the nearby community.
On [DATE] at 6:03 PM, the facility Administrator and Director of Nursing (DON) were provided a copy of the Centers for Medicare and Medicaid Services (CMS) Immediate Jeopardy (IJ) Template, notifying the facility IJ existed at F550 due to facility's failure to allow residents to exercise their right of choice without interference or coercion as of [DATE].
On [DATE] at 12:59 PM the Administrator provided an acceptable IJ removal plan related to F550. The immediacy of the IJ was removed as of [DATE] at 2:30 PM. The IJ was lowered to scope and severity of an E.
Additionally, this failure constituted substandard quality of care, warranting an extended survey which was completed on [DATE].
Findings include:
Review of facility policy titled, Resident Rights last revised, 12/2016 revealed, Federal and state laws guarantee certain basic rights to all residents of this facility. These rights include the resident's right to self-determination; be supported by the facility in exercising his or her rights; and exercise his or her rights without interference, coercion, discrimination or reprisal from the facility.
An interview on [DATE] at 1:20 PM with the Administrator and DON revealed during a Resident Council Meeting the facility explained to the residents in attendance that the B-Wing of the facility would be closing due to staffing. The facility would like to close that unit because it would decrease the amount of money going toward staffing agencies. Residents were discharged and transferred to a facility located in Florida which is about 3 hours away, and the facility would cover the cost of the resident's stay until their Medicare and Medicaid transferred. The Administrator provided the name of the facility the residents were sent to: The Palms at Orange Park. The Administrator and the DON were asked if Bayview Manor was in the process of being sold and or closing and they stated No, the facility is trying to use less agency staff for staffing purposes. The Administrator was asked if the facility provided any of the residents that were transferred a notice of transfer and she replied, We did not have to since they requested to move. The Administrator also stated the facility in Florida reached out to them (Bayview Manor) asking if they had residents who wanted to move. She stated they were told by the facility in Florida, that until insurances could be switched from South Carolina to Florida, the facility in Florida would eat the costs of the residents moving there.
An interview on [DATE] at 1:45 PM with the DON revealed only the residents with a high BIMS were asked about transferring to another skilled nursing facility, and they were not sure if a 30-day notice was provided or if resident were informed about their right to refuse transfer.
Review on [DATE] of the Resident Council Minutes dated [DATE] at 3:00 PM revealed Administrator, Social Services, and the DON was in meeting and explained about C Wing closing, and was asking about volunteers that might want to go to a Florida facility.
A phone interview on [DATE] at 2:06 PM with R10's Resident Representative (RR) revealed she was notified of R10's discharge/move to Florida the day of his transfer. The RR reported that R10 did not want to go to Florida, and she was not provided any notice of his move. The RR reported that R10 is not happy in Florida, he is acting out and has told her he was kidnapped and taken to Florida against his will.
An interview on [DATE] at 12:30 PM with the Social Worker (SW) revealed, they did not provide residents or their RRs with written notification of transfer discharge because the residents approached them (staff) about transferring to a facility closer to their families. The SW further stated that several residents had families that lived in Florida, other residents had family in other areas of South Carolina and that they would like to be closer as well. The SW further stated that the facility did not approach the residents about being discharged from the facility and that all the residents that were discharged had requested to be transferred and that is why the facility did not provide residents with a 30-day discharge notice. The SW reported that medical records will have the signed discharge instructions. When asked how the facility would ensure the resident would receive the same level of care she replied, I assume they would get the same level of care since they are licensed nursing homes. She was asked if the facility documented the transfer/discharge in each residents care plan, she replied yes.
R10 was admitted to the facility on [DATE] with diagnoses including, but not limited to: chronic kidney disease, alcohol abuse, type 2 diabetes, and hypertension.
Review of the R10's Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of [DATE] revealed R10 has a BIMS score of 12 out of 15 which indicates he is mildly cognitively intact.
Review on [DATE] of R10's Social Services Progress note dated [DATE] revealed, Social Worker spoke with Resident Representative this AM. She feels that Resident has community influences in [NAME] County that affect his addiction and recovery. She requested that he be moved to The Palms in Orange Park, Florida. Resident to be transferred today.
R1 was admitted to the facility on [DATE] with diagnoses including, but not limited to: seizure, fragile chromosome Autism Spectrum Disorder, hypertension, and aphasia.
Review of R1's Quarterly MDS with an ARD of [DATE] revealed R1 has a BIMS score of 6 out of 15 which indicates mild cognitive impairment.
A phone interview on [DATE] at 12:42 PM with R1's Resident Representative (RR) revealed [R1] has Autism and did not handle changes very well, which is why they visited often before being transferred. When [R1] arrived at this facility his health began to decline. R1's RR further stated that they had no choice but to move R1 because the unit he was on was closing. The only choice I had was if [R1] went to a facility in Florida or in South Carolina, so I chose the South Carolina facility because it was closer, and we could still get to visit. R1's RR further stated R1expired soon after transferring to the facility in Ridgeland.
Review on [DATE] of R1's Progress Note dated [DATE] revealed Social Worker contacted RP to review plan of care. Resident is a [AGE] year-old, African American male. He is a Full Code. He is rarely never understood. Staff must anticipate needs. His PHQ-9 score is a 6. He has a diagnosis of Fragile Chromosome X (Autism). RP stated that he would like to consider Ridgeland Rehab. He feels that he and his brother would be able to visit more frequently.
Record review on [DATE] of R1's Progress Note dated [DATE] revealed resident discharged to another facility.
R2 was admitted to the facility on [DATE] with diagnoses including, but not limited to dysphagia, cerebral infarction affecting right dominant side, mild cognitive impairment, and hypertension.
Review of R2's Quarterly MDS with an ARD of [DATE] revealed R2 has a BIMS score of 15 out of 15, indicating intact cognition.
An attempted phone interview with R2 and their RR on [DATE] was unsuccessful.
Review on [DATE] of R2's progress note dated [DATE] revealed Family requested that Resident's paperwork be sent to a facility in Ridgeland. She has been accepted. She will be admitted to that facility on [DATE].
R3 was admitted to the facility on [DATE] with diagnoses including, but not limited to type 2 diabetes, dementia without behavioral disturbances, psychotic disturbance, Alzheimer's disease, and anxiety.
Review R3's Quarterly MDS with an ARD of [DATE] revealed R3 has a BIMS score of 15 out of 15, indicating intact cognition.
An interview on [DATE] at 2:20 PM with R3's RR revealed they were unaware that R3 had been discharged from the facility until the new facility called them to let her know. R3's RR further stated that they spoke with the SW at Bayview and was not treated with respect and concerns related to R3's discharge were dismissed by staff.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident came to Social Worker's office. She wanted to be sure that she would be moving to Ridgeland. She stated that she had lived in Ridgeland previously. She wanted to be back there. She would feel more at home just being in the town.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident transported to Ridgeland facility at 2:30 PM via transportation, belongings and medications sent with transportation.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident's daughter called facility today. Social Worker returned her call. She stated that Resident does not have the right to move to a facility of her choice because she has Power of Attorney (POA). Social Worker explained that a POA goes into effect when Resident is unable to make her decisions. Resident's BIMS is a 15. Daughter stated that Resident still does not have the right to make her own decisions. Even though it was the resident's choice for her own psychosocial well-being to return to a town that she felt was home and she would feel at home.
R4 was admitted to the facility on [DATE] with diagnoses including, but not limited to hypertension, insomnia, hearing loss, and need for assistance with personal care.
Review R4's Quarterly MDS with an ARD of [DATE] revealed R4 has a BIMS score of 13 out 15, indicating intact cognition.
A phone interview with R4 and their RR on [DATE] was attempted but was unsuccessful.
Review on [DATE] of R4's progress note dated [DATE] revealed Resident's daughter requested that her paperwork be sent to be reviewed by another long-term care facility. She will be admitted to Ridgeland on [DATE].
Review on [DATE] of R4's progress note dated [DATE] revealed Social Worker met 1:1. Resident asked Social Worker if she could move back to Ridgeland. Social Worker faxed paperwork to Ridgeland. She was accepted. To be admitted on [DATE].
Review on [DATE] of R4's progress note dated [DATE] revealed resident was transferred to another facility with all medications.
R5 was admitted to the facility on [DATE] with diagnoses including, but not limited to intellectual disabilities, adult failure to thrive, g-tube placement, and major depressive disorder.
Review of R5's Quarterly MDS with an ARD of [DATE] revealed, R5 has a BIMS score of 1 out of 15, indicating cognitive impairment.
Review on [DATE] of R5's progress note dated [DATE] revealed Social Worker spoke with RR, he will be transferred to Ridgeland Healthcare tomorrow. He is missing the friends that he visited with in the lobby.
Review on [DATE] of R5's progress note dated [DATE] revealed Resident transferred to Ridgeland facility by Bayview staff.
A phone interview on [DATE] at 11:45 AM with R5's RR revealed they were contacted by the facility on the same day the resident was discharged . When the SW called me, they told me that the resident was being discharged to a facility in Florida and I told the SW that I was not in agreement with that, because it is too far. When the SW called me back later, she told me that they were moving the resident to Ridgeland and I told her that I was still not in agreement, but then it was explained to me that he was already in transport to the new facility. Since the [R5] has moved, I have only been able to see him once because I have my own health issues and I can't drive far anymore. R5's RR further stated they knew another resident (R3) that had also been moved and their family didn't know about the discharge until the day of.
R6 was admitted to the facility on [DATE] with diagnosis including but not limited to chronic obstructive pulmonary disease, Alzheimer's disease, and dementia without behaviors.
Review of R6's Annual MDS with an ARD of [DATE] revealed R6 has a BIMS score of 13 out of 15, indicating intact cognition.
Review on [DATE] of R6's progress note dated [DATE] revealed Resident has a friend that is being transferred to a facility in Ridgeland. He requested that his paperwork be sent there today. He will be admitted to that facility on [DATE].
Review on [DATE] of R6's progress note dated [DATE] revealed Social Worker met with Resident 1:1. He stated that he wants to be transferred on Wednesday, [DATE]. Social Worker will arrange for transportation and contact Ridgeland.
Review on [DATE] of R6's progress note dated [DATE] revealed Resident discharged to Ridgeland Rehab.
A phone interview on [DATE] was attempted with R6 and their RR but was unsuccessful.
R7 was admitted to the facility on [DATE] with diagnoses including, but not limited to hemiplegia and hemiparesis following cerebral infarction, personal history of traumatic brain injury, and major depressive disorder.
Review of R7's Annual MDS with an ARD of [DATE] revealed R6 has a BIMS score of 9 out of 15, indicating mild cognitive impairment.
Review on [DATE] of R7's progress note dated [DATE] revealed Resident transfer to The Palms Nursing and Rehab at Orange Park via The Palms facility van. Resident alert with no s/s [signs and symptoms] of distress noted. Resident denies any pain or discomfort. Resident was transported with all personal belongings including his TV with remote, and right prosthetic leg. No problems or concerns noted upon discharge.
Record review on [DATE] of R7's progress note dated [DATE] revealed Late entry [DATE]. Social Worker met with Resident 1:1. He make his decisions. [sic] He felt that he would like to discharge to another long-term care facility in Orange Park, Florida.
A phone interview on [DATE] with R7 and their representative was attempted, but unsuccessful.
Record review and interview on [DATE] of R7's Face Sheet revealed R7's does not have a RR listed. RR is the facility, since they are not cognitively intact.
R8 was admitted to the facility on [DATE] with diagnoses including, but not limited to major depressive disorder, adult failure to thrive, and insomnia.
Review of R8's Quarterly MDS with an ARD of [DATE] revealed R8 has a BIMS score of 12 out of 15, indicating mild cognitive intactness.
Review on [DATE] of R8's progress notes dated [DATE] revealed Late entry [DATE]. Social Worker contacted RP. She lives in Florida. Resident would benefit from transferring to a facility near her daughter.
An interview on [DATE] at 11:49 AM with Licensed Practical Nurse (LPN)2 revealed They worked at the facility on the day of the Florida resident discharge (7 residents). LPN2 stated that 3 of the residents were given their belongings, medications, discharge paperwork on the day of discharge. LPN2 further stated that the facility had plans to move to an 88-bed facility to decrease the budget. LPN2 stated R8 and R12 had family in Florida and are now closer to them since the transfer, R9 was also moved, and Bayview Manor was his RR because he had no family. When asked if residents were informed of their rights as a resident to refuse discharge and if 30-day notices were provided to residents, LPN2 stated she was unsure.
R9 was admitted to the facility on [DATE] with diagnoses including, but not limited to schizophrenia disorder, anxiety disorder, hypertension, and age-related cataract.
Review of R9's Quarterly MDS with an ARD of [DATE] revealed R9 has a BIMS score of 14 out of 15, indicating intact cognition.
Review of R9's progress note dated [DATE] revealed Social Worker met with Resident and spoke with RR. Resident feels that she would benefit from transferring to a facility in Orange Park, Florida.
R11 was admitted to the facility on [DATE] with diagnoses including, but not limited to dementia, major depressive disorder, anxiety disorder, and mood disturbance.
Review of R11's Discharge MDS with an ARD of [DATE] revealed R11 has a BIMS score of 10 out of 15, indicating mild cognitive impairment.
Review on [DATE] of R11's progress note dated [DATE] revealed Late entry for [DATE]. Social Worker spoke with RP and Resident. Resident has been refusing medications and having some behaviors. RP thought that Resident would benefit from a change in environment. Resident to transferred to The Palms in Orange Park, Florida.
Review on [DATE] of R11's progress note dated [DATE] revealed Administration Note-Note Text: pt. discharged to another facility.
A phone interview on [DATE] was attempted to R11 and their RR but was unsuccessful.
R12 was admitted to the facility on [DATE] with the diagnosis including but not limited to dementia with behavioral disturbances, generalized epilepsy, anxiety disorder, and congestive heart failure.
Review of R12's Discharge MDS with an ARD of [DATE] revealed R12's BIMS score is 2 out of 15, indicating cognitive impairment.
Review on [DATE] of R12's progress note dated [DATE] revealed RP came to speak with Social Worker. She requested that Resident's information be faxed to The Palms in Florida. She says that is close to family. She met with the rest of her family and feels that this is the best for Resident. She will be able to have more interaction with family.
Review on [DATE] of R12's progress note dated [DATE] revealed Social Worker contacted RP. Resident's family lives in Florida. They have requested that she be moved to a facility near them. The Palms at Orange [NAME] can take resident on 9/15. Family is still in agreement.
Review on [DATE] of R12's progress note dated [DATE] revealed Resident being transferred to The Palms Nursing and Rehab at Orange Park. Resident, and belongings was assisted to receiving facility van. No s/s of distress noted. Resident took all personal belongings including television with remote, and hangers. RP called and asked to be notified when resident left the building. Staff notified RP, and report was called in to [staff member] at receiving facility.
A phone interview on [DATE] with R12's RR revealed, The facility called and told me that they had plans to close the unit R12 was on, and the resident would be getting discharged to another facility in Florida. I was not in agreement with this decision because I live close by and visit with the resident often but was not given a choice in this transfer and was not provided any discharge paperwork.
R13 was admitted to the facility on [DATE] with diagnoses including, but not limited to peripheral vascular disease, acquired absence of left leg, surgical aftercare, and cognitive communication deficit.
Review of R13's Discharge MDS with an ARD of [DATE] revealed R13 has a BIMS score of 15 out of 15, indicating they are cognitively intact.
Review on [DATE] of R13's progress note dated [DATE] revealed Resident had requested to move to a facility in Florida. They called with approval and can transport on 9/16. Social Worker notified Resident's son.
Review on [DATE] of R13's progress note dated [DATE] revealed medications administered as ordered this morning. Medications reviewed and sent with transportation; paperwork also sent with transportation. Resident transported via wheelchair with the palms facility transportation.
A phone interview was attempted on [DATE] with R13 and their RR with no success.
R15 was admitted to the facility on [DATE] with diagnoses including, but not limited to major depressive disorder, hypertension, hemiplegia, hypertension, and muscle weakness.
Review of R15's Annual MDS with an ARD of [DATE] revealed R15 has a BIMS score of 15 out of 15, indicating intact cognition.
Review on [DATE] of R15's progress note dated [DATE] revealed Resident came to visit Social Worker. He requested to move to Ridgeland Nursing and Rehab. Social Worker faxed information and he was accepted. To be admitted on [DATE].
Review on [DATE] of R15's progress note dated [DATE] revealed Resident discharged to Ridgeland Rehab today.
A phone interview on [DATE] at 3:54 PM with R15's RR, revealed they were not informed about the resident being discharged from the facility and they only knew the resident was leaving because R15 called them. RR further stated that resident was told by the facility that they wanted him to transfer to the facility in Florida because it was nicer, and the resident would receive better care but disagreed so facility transferred him to Ridgeland in South Carolina which they did not agree with but it was closer. RR stated that the facility did not provide them with any transfer or discharge paperwork and has not been able to get in contact with anyone at the facility (Bayview Manor) since the resident was discharged . As a result, RR had to get in contact with R15's health insurance company because they were not sure how to make payments to the resident's new facility in South Carolina.
R20 was admitted to the facility on [DATE] with the diagnosis including but not limited to acute chronic respiratory failure, type 2 diabetes, hypertension, and seizures.
Review of R20's Quarterly MDS with an ARD of [DATE] revealed R20 has a BIMS score of 15 out of 15, indicating intact cognition.
An interview on [DATE] at 4:34 PM with R20 revealed During the COVID-19 pandemic the facility had to use a lot of agency staff and the facility staff came into a resident council meeting in August. Staff informed them that a facility in Florida had reached out to them and asked if any resident was interested in a move to their facility. R20 further stated that the facility asked who wanted to move and they spoke with the resident and their family.
R21 was admitted to the facility on [DATE] with diagnoses including, but not limited to adult failure to thrive, post-traumatic seizures, and major depressive disorder.
Review of R21's MDS with an ARD of [DATE] revealed R21 has a BIMS score of 14 out of 15, indicating intact cognition.
An interview on [DATE] at 4:19 PM with R21 revealed R21 was in the resident council meeting when the facility told them they had budget issues and the facility wanted to know if anyone was interested in a move to another facility in Florida. R21further stated that she was asked if she wanted to move, and she told them she did not want to move to Florida or any other facility. R21 stated, staff kept pressuring her to discharge, but she continued to tell them no because her family is nearby.
A phone interview on [DATE] at 11:45 AM with the local Ombudsman revealed they received multiple complaints from residents and their families related to being discharged from the facility. The Ombudsman further stated they spoke with the Administrator and DON related to the discharges and was told the facility had no plans to close the facility or reduce the bed size they are just reducing the census to decrease the amount of agency staff in use. The Ombudsman stated that they were unaware that residents were being discharge out of state until residents and their families contacted them with complaints related to being discharged from the facility. The Ombudsman concluded that there are two (2) residents in house that has recently spoke with them in relation to the facility attempting to discharge them from the facility R20 and R21.
An interview on [DATE] at 11:52 AM with LPN1 revealed they have been working at the facility since August and the Administrator and DON informed her and other staff that the facility is down-sizing due to staffing and budget issues. LPN1 further stated that several residents were getting sent out weekly to different facilities.
An interview on [DATE] with Certified Nursing Assistant (CNA)1 revealed they have been employed by the facility for several years and knows that the facility transferred several residents to Florida. CNA1 further stated that the facility told her that they were short-staffed and trying to get the staffing under control.
An interview on [DATE] at 11:49 AM with CNA2 revealed they have been working at the facility for over a year and that the facility is discharging residents due to staffing issues but were unsure if residents had a choice on being transferred or were provided discharge paperwork.
An interview on [DATE] at 11:50 AM with the Risk Manager revealed she has been with the facility for two years. She stated that several residents were transferred to Florida and Ridgeland. She stated they were given a choice and she met with them at a Resident Care Meeting.
On [DATE] at 12:59 PM the facility provided an acceptable Allegation of Compliance which included the following:
1)
R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, and R15 no longer resident in the facility, and are not able to be contacted as they reside in an alternate skilled nursing facility. R1 is now deceased and R14 no longer resides in the facility per a planned resident and RP initiated transfer to an alternate skilled nursing facility that occurred 56 days prior to the facilities agency elimination plan.
2)
The DON has reviewed all current residents to validate any with plans to transfer or discharge were given the right to choose their transfer/discharge destination. This was completed on [DATE] and no current facility residents have plans to transfer/discharge at this time.
3)
The Regional Nurse Consultant has educated the Administrator, DON, Risk Manager, and Social Services on the resident's right or RP right to choose their transfer/discharge plan as per federal regulation F 550, this was completed on [DATE].
4)
An additional Quality Assurance and Performance Improvement (QAPI) committee meeting was held on [DATE] to present information stated by the state agency via phone regarding F550.
5)
Future, non-emergent, resident transfers, and discharges will be reviewed by the Risk Manger prior to occurrence to validate resident and or RP choices are honored for 3 months.
6)
The Risk Manager will monitor all resident transfers and discharged for the choice of planning, if applicable, for the next 3 months.
7)
Results of the monitoring will be presented to the QAPI committee by the Risk Manager for recommendations for a period of 3 months. Any concerns identified will be addressed at time of discovery.
8)
Allegation of compliance date is [DATE].
CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Transfer Notice
(Tag F0623)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy, the facility failed to provide transfer/discharge agreements prior to di...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy, the facility failed to provide transfer/discharge agreements prior to discharge or transfer for 14 of 20 Residents (R) reviewed for residents rights. During [DATE] - [DATE] Residents were transferred to another skilled nursing facility (SNF) due to the facility closing units of the facility for staffing purposes. R1, R2, R3, R4, R5, R6, and R15 were discharged to Ridgeland Nursing Center in Ridgeland, South Carolina. R7, R8, R9, R10, R11, R12, and R13 were discharged to The Palms Nursing and Rehab at Orange Park in Orange Park, Florida, approximately 3 hours from Bayview Manor in [NAME], South Carolina.
4 out of 14 Residents that were discharged from the facility have a Brief Interview of Mental Status (BIMS) score of 9 or below which indicates cognitive impairment, (R1, R5, R7, R12).
Facility failure to allow residents their right to exercise his or her rights without interference or coercion has potential adverse outcome on resident's psycho/social wellbeing due to residents being discharged from a familiar environment and away from family members in the nearby community.
On [DATE] at 6:03 PM, the facility Administrator and Director of Nursing (DON) were provided with a copy of the Centers for Medicare and Medicaid Services (CMS) Immediate Jeopardy (IJ) Template, notifying the facility IJ existed at F623 due to facility's failure to allow residents to exercise their right of choice without interference or coercion as stated in facility policy as of [DATE].
On [DATE] at 12:59 PM the Administrator provided an acceptable IJ removal plan related to F623 . The immediacy of the IJ was removed as of [DATE] at 2:30 PM. The IJ was lowered to scope and severity of an E.
Findings include:
Record review on [DATE] of facility policy titled Transfer/Discharge revealed the facility must provide resident and the resident representative notice of transfer or discharge and the reasons for the move in a writing and language and manner they understand. And, the facility must send a copy of the notice to the Ombudsman. The reason allowable for transfer or discharge are A) the safety of individuals in the facility would be endangered. B) The health of individuals in the facility would be endangered. C) The resident's health improves sufficiently or D) An immediate transfer or discharge is required by the resident's urgent medical needs. Additionally, the notice must include the reason for transfer/discharge, the effective date of transfer or discharge, and the location to which the resident is transferred or discharged .
An interview on [DATE] at 1:20 PM with the Administrator and DON revealed during a Resident Council Meeting the facility explained to the residents in attendance that the B-Wing of the facility would be closing due to staffing. The facility would like to close that unit because it would decrease the amount of money going toward staffing agencies. Residents were discharged and transferred to a facility located in Florida which is about 3 hours away, and the facility would cover the cost of the resident's stay until their Medicare and Medicaid transferred. The Administrator provided the name of the facility the residents were sent to: The Palms at Orange Park. The Administrator and the DON were asked if Bayview Manor was in the process of being sold and or closing and they stated No, the facility is trying to use less agency staff for staffing purposes. The Administrator was asked if the facility provided any of the residents that were transferred a notice of transfer and she replied, We did not have to since they requested to move. The Administrator also stated the facility in Florida reached out to them (Bayview Manor) asking if they had residents who wanted to move. She stated they were told by the facility in Florida, that until insurances could be switched from South Carolina to Florida, the facility in Florida would eat the costs of the residents moving there.
An interview on [DATE] at 1:45 PM with the DON revealed only the residents with a high BIMS were asked about transferring to another skilled nursing facility, and they were not sure if a 30-day notice was provided or if resident were informed about their right to refuse transfer.
Review on [DATE] of the Resident Council Minutes dated [DATE] at 3:00 PM revealed Administrator, Social Services, and the DON was in meeting and explained about C Wing closing, and was asking about volunteers that might want to go to a Florida facility.
A phone interview on [DATE] at 2:06 PM with R10's Resident Representative (RR) revealed she was notified of R10's discharge/move to Florida the day of his transfer. The RR reported that R10 did not want to go to Florida, and she was not provided any notice of his move. The RR reported that R10 is not happy in Florida, he is acting out and has told her he was kidnapped and taken to Florida against his will.
An interview on [DATE] at 12:30 PM with the Social Worker (SW) revealed, they did not provide residents or their RRs with written notification of transfer discharge because the residents approached them (staff) about transferring to a facility closer to their families. The SW further stated that several residents had families that lived in Florida, other residents had family in other areas of South Carolina and that they would like to be closer as well. The SW further stated that the facility did not approach the residents about being discharged from the facility and that all the residents that were discharged had requested to be transferred and that is why the facility did not provide residents with a 30-day discharge notice. The SW reported that medical records will have the signed discharge instructions. When asked how the facility would ensure the resident would receive the same level of care she replied, I assume they would get the same level of care since they are licensed nursing homes. She was asked if the facility documented the transfer/discharge in each residents care plan, she replied yes.
R10 was admitted to the facility on [DATE] with diagnoses including, but not limited to: chronic kidney disease, alcohol abuse, type 2 diabetes, and hypertension.
Review of the R10's Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of [DATE] revealed R10 has a BIMS score of 12 out of 15 which indicates he is mildly cognitively intact.
Review on [DATE] of R10's Social Services Progress note dated [DATE] revealed, Social Worker spoke with Resident Representative this AM. She feels that Resident has community influences in [NAME] County that affect his addiction and recovery. She requested that he be moved to The Palms in Orange Park, Florida. Resident to be transferred today.
R1 was admitted to the facility on [DATE] with diagnoses including, but not limited to: seizure, fragile chromosome Autism Spectrum Disorder, hypertension, and aphasia.
Review of R1's Quarterly MDS with an ARD of [DATE] revealed R1 has a BIMS score of 6 out of 15 which indicates mild cognitive impairment.
A phone interview on [DATE] at 12:42 PM with R1's Resident Representative (RR) revealed [R1] has Autism and did not handle changes very well, which is why they visited often before being transferred. When [R1] arrived at this facility his health began to decline. R1's RR further stated that they had no choice but to move R1 because the unit he was on was closing. The only choice I had was if [R1] went to a facility in Florida or in South Carolina, so I chose the South Carolina facility because it was closer, and we could still get to visit. R1's RR further stated R1expired soon after transferring to the facility in Ridgeland.
Review on [DATE] of R1's Progress Note dated [DATE] revealed Social Worker contacted RP to review plan of care. Resident is a [AGE] year-old, African American male. He is a Full Code. He is rarely never understood. Staff must anticipate needs. His PHQ-9 score is a 6. He has a diagnosis of Fragile Chromosome X (Autism). RP stated that he would like to consider Ridgeland Rehab. He feels that he and his brother would be able to visit more frequently.
Record review on [DATE] of R1's Progress Note dated [DATE] revealed resident discharged to another facility.
R2 was admitted to the facility on [DATE] with diagnoses including, but not limited to dysphagia, cerebral infarction affecting right dominant side, mild cognitive impairment, and hypertension.
Review of R2's Quarterly MDS with an ARD of [DATE] revealed R2 has a BIMS score of 15 out of 15, indicating intact cognition.
An attempted phone interview with R2 and their RR on [DATE] was unsuccessful.
Review on [DATE] of R2's progress note dated [DATE] revealed Family requested that Resident's paperwork be sent to a facility in Ridgeland. She has been accepted. She will be admitted to that facility on [DATE].
R3 was admitted to the facility on [DATE] with diagnoses including, but not limited to type 2 diabetes, dementia without behavioral disturbances, psychotic disturbance, Alzheimer's disease, and anxiety.
Review R3's Quarterly MDS with an ARD of [DATE] revealed R3 has a BIMS score of 15 out of 15, indicating intact cognition.
An interview on [DATE] at 2:20 PM with R3's RR revealed they were unaware that R3 had been discharged from the facility until the new facility called them to let her know. R3's RR further stated that they spoke with the SW at Bayview and was not treated with respect and concerns related to R3's discharge were dismissed by staff.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident came to Social Worker's office. She wanted to be sure that she would be moving to Ridgeland. She stated that she had lived in Ridgeland previously. She wanted to be back there. She would feel more at home just being in the town.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident transported to Ridgeland facility at 2:30 PM via transportation, belongings and medications sent with transportation.
Record review on [DATE] of R3's progress note dated [DATE] revealed Resident's daughter called facility today. Social Worker returned her call. She stated that Resident does not have the right to move to a facility of her choice because she has Power of Attorney (POA). Social Worker explained that a POA goes into effect when Resident is unable to make her decisions. Resident's BIMS is a 15. Daughter stated that Resident still does not have the right to make her own decisions. Even though it was the resident's choice for her own psychosocial well-being to return to a town that she felt was home and she would feel at home.
R4 was admitted to the facility on [DATE] with diagnoses including, but not limited to hypertension, insomnia, hearing loss, and need for assistance with personal care.
Review R4's Quarterly MDS with an ARD of [DATE] revealed R4 has a BIMS score of 13 out 15, indicating intact cognition.
A phone interview with R4 and their RR on [DATE] was attempted but was unsuccessful.
Review on [DATE] of R4's progress note dated [DATE] revealed Resident's daughter requested that her paperwork be sent to be reviewed by another long-term care facility. She will be admitted to Ridgeland on [DATE].
Review on [DATE] of R4's progress note dated [DATE] revealed Social Worker met 1:1. Resident asked Social Worker if she could move back to Ridgeland. Social Worker faxed paperwork to Ridgeland. She was accepted. To be admitted on [DATE].
Review on [DATE] of R4's progress note dated [DATE] revealed resident was transferred to another facility with all medications.
R5 was admitted to the facility on [DATE] with diagnoses including, but not limited to intellectual disabilities, adult failure to thrive, g-tube placement, and major depressive disorder.
Review of R5's Quarterly MDS with an ARD of [DATE] revealed, R5 has a BIMS score of 1 out of 15, indicating cognitive impairment.
Review on [DATE] of R5's progress note dated [DATE] revealed Social Worker spoke with RR, he will be transferred to Ridgeland Healthcare tomorrow. He is missing the friends that he visited with in the lobby.
Review on [DATE] of R5's progress note dated [DATE] revealed Resident transferred to Ridgeland facility by Bayview staff.
A phone interview on [DATE] at 11:45 AM with R5's RR revealed they were contacted by the facility on the same day the resident was discharged . When the SW called me, they told me that the resident was being discharged to a facility in Florida and I told the SW that I was not in agreement with that, because it is too far. When the SW called me back later, she told me that they were moving the resident to Ridgeland and I told her that I was still not in agreement, but then it was explained to me that he was already in transport to the new facility. Since the [R5] has moved, I have only been able to see him once because I have my own health issues and I can't drive far anymore. R5's RR further stated they knew another resident (R3) that had also been moved and their family didn't know about the discharge until the day of.
R6 was admitted to the facility on [DATE] with diagnosis including but not limited to chronic obstructive pulmonary disease, Alzheimer's disease, and dementia without behaviors.
Review of R6's Annual MDS with an ARD of [DATE] revealed R6 has a BIMS score of 13 out of 15, indicating intact cognition.
Review on [DATE] of R6's progress note dated [DATE] revealed Resident has a friend that is being transferred to a facility in Ridgeland. He requested that his paperwork be sent there today. He will be admitted to that facility on [DATE].
Review on [DATE] of R6's progress note dated [DATE] revealed Social Worker met with Resident 1:1. He stated that he wants to be transferred on Wednesday, [DATE]. Social Worker will arrange for transportation and contact Ridgeland.
Review on [DATE] of R6's progress note dated [DATE] revealed Resident discharged to Ridgeland Rehab.
A phone interview on [DATE] was attempted with R6 and their RR but was unsuccessful.
R7 was admitted to the facility on [DATE] with diagnoses including, but not limited to hemiplegia and hemiparesis following cerebral infarction, personal history of traumatic brain injury, and major depressive disorder.
Review of R7's Annual MDS with an ARD of [DATE] revealed R6 has a BIMS score of 9 out of 15, indicating mild cognitive impairment.
Review on [DATE] of R7's progress note dated [DATE] revealed Resident transfer to The Palms Nursing and Rehab at Orange Park via The Palms facility van. Resident alert with no s/s [signs and symptoms] of distress noted. Resident denies any pain or discomfort. Resident was transported with all personal belongings including his TV with remote, and right prosthetic leg. No problems or concerns noted upon discharge.
Record review on [DATE] of R7's progress note dated [DATE] revealed Late entry [DATE]. Social Worker met with Resident 1:1. He make his decisions. [sic] He felt that he would like to discharge to another long-term care facility in Orange Park, Florida.
A phone interview on [DATE] with R7 and their representative was attempted, but unsuccessful.
Record review and interview on [DATE] of R7's Face Sheet revealed R7's does not have a RR listed. RR is the facility, since they are not cognitively intact.
R8 was admitted to the facility on [DATE] with diagnoses including, but not limited to major depressive disorder, adult failure to thrive, and insomnia.
Review of R8's Quarterly MDS with an ARD of [DATE] revealed R8 has a BIMS score of 12 out of 15, indicating mild cognitive intactness.
Review on [DATE] of R8's progress notes dated [DATE] revealed Late entry [DATE]. Social Worker contacted RP. She lives in Florida. Resident would benefit from transferring to a facility near her daughter.
An interview on [DATE] at 11:49 AM with Licensed Practical Nurse (LPN)2 revealed They worked at the facility on the day of the Florida resident discharge (7 residents). LPN2 stated that 3 of the residents were given their belongings, medications, discharge paperwork on the day of discharge. LPN2 further stated that the facility had plans to move to an 88-bed facility to decrease the budget. LPN2 stated R8 and R12 had family in Florida and are now closer to them since the transfer, R9 was also moved, and Bayview Manor was his RR because he had no family. When asked if residents were informed of their rights as a resident to refuse discharge and if 30-day notices were provided to residents, LPN2 stated she was unsure.
R9 was admitted to the facility on [DATE] with diagnoses including, but not limited to schizophrenia disorder, anxiety disorder, hypertension, and age-related cataract.
Review of R9's Quarterly MDS with an ARD of [DATE] revealed R9 has a BIMS score of 14 out of 15, indicating intact cognition.
Review of R9's progress note dated [DATE] revealed Social Worker met with Resident and spoke with RR. Resident feels that she would benefit from transferring to a facility in Orange Park, Florida.
R11 was admitted to the facility on [DATE] with diagnoses including, but not limited to dementia, major depressive disorder, anxiety disorder, and mood disturbance.
Review of R11's Discharge MDS with an ARD of [DATE] revealed R11 has a BIMS score of 10 out of 15, indicating mild cognitive impairment.
Review on [DATE] of R11's progress note dated [DATE] revealed Late entry for [DATE]. Social Worker spoke with RP and Resident. Resident has been refusing medications and having some behaviors. RP thought that Resident would benefit from a change in environment. Resident to transferred to The Palms in Orange Park, Florida.
Review on [DATE] of R11's progress note dated [DATE] revealed Administration Note-Note Text: pt. discharged to another facility.
A phone interview on [DATE] was attempted to R11 and their RR but was unsuccessful.
R12 was admitted to the facility on [DATE] with the diagnosis including but not limited to dementia with behavioral disturbances, generalized epilepsy, anxiety disorder, and congestive heart failure.
Review of R12's Discharge MDS with an ARD of [DATE] revealed R12's BIMS score is 2 out of 15, indicating cognitive impairment.
Review on [DATE] of R12's progress note dated [DATE] revealed RP came to speak with Social Worker. She requested that Resident's information be faxed to The Palms in Florida. She says that is close to family. She met with the rest of her family and feels that this is the best for Resident. She will be able to have more interaction with family.
Review on [DATE] of R12's progress note dated [DATE] revealed Social Worker contacted RP. Resident's family lives in Florida. They have requested that she be moved to a facility near them. The Palms at Orange [NAME] can take resident on 9/15. Family is still in agreement.
Review on [DATE] of R12's progress note dated [DATE] revealed Resident being transferred to The Palms Nursing and Rehab at Orange Park. Resident, and belongings was assisted to receiving facility van. No s/s of distress noted. Resident took all personal belongings including television with remote, and hangers. RP called and asked to be notified when resident left the building. Staff notified RP, and report was called in to [staff member] at receiving facility.
A phone interview on [DATE] with R12's RR revealed, The facility called and told me that they had plans to close the unit R12 was on, and the resident would be getting discharged to another facility in Florida. I was not in agreement with this decision because I live close by and visit with the resident often but was not given a choice in this transfer and was not provided any discharge paperwork.
R13 was admitted to the facility on [DATE] with diagnoses including, but not limited to peripheral vascular disease, acquired absence of left leg, surgical aftercare, and cognitive communication deficit.
Review of R13's Discharge MDS with an ARD of [DATE] revealed R13 has a BIMS score of 15 out of 15, indicating they are cognitively intact.
Review on [DATE] of R13's progress note dated [DATE] revealed Resident had requested to move to a facility in Florida. They called with approval and can transport on 9/16. Social Worker notified Resident's son.
Review on [DATE] of R13's progress note dated [DATE] revealed medications administered as ordered this morning. Medications reviewed and sent with transportation; paperwork also sent with transportation. Resident transported via wheelchair with the palms facility transportation.
A phone interview was attempted on [DATE] with R13 and their RR with no success.
R15 was admitted to the facility on [DATE] with diagnoses including, but not limited to major depressive disorder, hypertension, hemiplegia, hypertension, and muscle weakness.
Review of R15's Annual MDS with an ARD of [DATE] revealed R15 has a BIMS score of 15 out of 15, indicating intact cognition.
Review on [DATE] of R15's progress note dated [DATE] revealed Resident came to visit Social Worker. He requested to move to Ridgeland Nursing and Rehab. Social Worker faxed information and he was accepted. To be admitted on [DATE].
Review on [DATE] of R15's progress note dated [DATE] revealed Resident discharged to Ridgeland Rehab today.
A phone interview on [DATE] at 3:54 PM with R15's RR, revealed they were not informed about the resident being discharged from the facility and they only knew the resident was leaving because R15 called them. RR further stated that resident was told by the facility that they wanted him to transfer to the facility in Florida because it was nicer, and the resident would receive better care but disagreed so facility transferred him to Ridgeland in South Carolina which they did not agree with but it was closer. RR stated that the facility did not provide them with any transfer or discharge paperwork and has not been able to get in contact with anyone at the facility (Bayview Manor) since the resident was discharged . As a result, RR had to get in contact with R15's health insurance company because they were not sure how to make payments to the resident's new facility in South Carolina.
R20 was admitted to the facility on [DATE] with the diagnosis including but not limited to acute chronic respiratory failure, type 2 diabetes, hypertension, and seizures.
Review of R20's Quarterly MDS with an ARD of [DATE] revealed R20 has a BIMS score of 15 out of 15, indicating intact cognition.
An interview on [DATE] at 4:34 PM with R20 revealed During the COVID-19 pandemic the facility had to use a lot of agency staff and the facility staff came into a resident council meeting in August. Staff informed them that a facility in Florida had reached out to them and asked if any resident was interested in a move to their facility. R20 further stated that the facility asked who wanted to move and they spoke with the resident and their family.
R21 was admitted to the facility on [DATE] with diagnoses including, but not limited to adult failure to thrive, post-traumatic seizures, and major depressive disorder.
Review of R21's MDS with an ARD of [DATE] revealed R21 has a BIMS score of 14 out of 15, indicating intact cognition.
An interview on [DATE] at 4:19 PM with R21 revealed R21 was in the resident council meeting when the facility told them they had budget issues and the facility wanted to know if anyone was interested in a move to another facility in Florida. R21further stated that she was asked if she wanted to move, and she told them she did not want to move to Florida or any other facility. R21 stated, staff kept pressuring her to discharge, but she continued to tell them no because her family is nearby.
A phone interview on [DATE] at 11:45 AM with the local Ombudsman revealed they received multiple complaints from residents and their families related to being discharged from the facility. The Ombudsman further stated they spoke with the Administrator and DON related to the discharges and was told the facility had no plans to close the facility or reduce the bed size they are just reducing the census to decrease the amount of agency staff in use. The Ombudsman stated that they were unaware that residents were being discharge out of state until residents and their families contacted them with complaints related to being discharged from the facility. The Ombudsman concluded that there are two (2) residents in house that has recently spoke with them in relation to the facility attempting to discharge them from the facility R20 and R21.
An interview on [DATE] at 11:52 AM with LPN1 revealed they have been working at the facility since August and the Administrator and DON informed her and other staff that the facility is down-sizing due to staffing and budget issues. LPN1 further stated that several residents were getting sent out weekly to different facilities.
An interview on [DATE] with Certified Nursing Assistant (CNA)1 revealed they have been employed by the facility for several years and knows that the facility transferred several residents to Florida. CNA1 further stated that the facility told her that they were short-staffed and trying to get the staffing under control.
An interview on [DATE] at 11:49 AM with CNA2 revealed they have been working at the facility for over a year and that the facility is discharging residents due to staffing issues but were unsure if residents had a choice on being transferred or were provided discharge paperwork.
An interview on [DATE] at 11:50 AM with the Risk Manager revealed she has been with the facility for two years. She stated that several residents were transferred to Florida and Ridgeland. She stated they were given a choice and she met with them at a Resident Care Meeting.
The facility's removal plan for F623 included:
1)
R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, and R #15 no longer resident in the facility, and are not able to be contacted as they reside in an alternate skilled nursing facility. R1 is now deceased and R14 no longer resides in the facility per a planned resident and RP iniated transfer to an alternate skilled nursing facility that occurred 56 days prior to the facilities agency elimination plan.
2)
The DON has reviewed all current residents to validate any with plans to transfer or discharge were given the right to choose their transfer/discharge destination. This was completed on [DATE] and no current facility residents have plans to transfer/discharge at this time.
3)
The Regional Nurse Consultant has educated the Administrator, DON, Risk Manager and Social Services Director on providing the resident and the resident representative notice of transfer or discharge and the reasons for the move in a writing and language and manner they understand. And, the facility must send a copy of the notice to the Ombudsman. The reason allowable for transfer or discharge are A) the safety of individuals in the facility would be endangered. B) The health of individuals in the facility would be endangered. C) The resident's health improves sufficiently or D) An immediate transfer or discharge is required by the resident's urgent medical needs. Additionally, the notice must include the reason for transfer/discharge, the effective date of transfer or discharge, and the location to which the resident is transferred or discharged . Lastly, a discharge summary must be sent to the receiving entity. This education was completed on [DATE].
4)
An additional Quality Assurance and Performance Improvement (QAPI) committee meeting was held on [DATE] to present identified corresponding information. An additional QAPI committee was held on [DATE] to present newly obtained pertinent information regard F623.
5)
Future, non-emergent, resident transfers and discharge will be reviewed by the Risk Manger prior to occurrence to validate the required notice is provided per the regulatory requirements for F623.
6)
The Risk Manager will monitor all resident transfers and discharged to confirm the required notice was given for the next 3 months.
7)
Results of the monitoring will be presented to the QAPI committee by the Risk Manager for recommendations for a period of 3 months. Any concerns identified will be addressed at time of discovery.
8)
Allegation of compliance date is [DATE].
SERIOUS
(G)
📢 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
Medication Errors
(Tag F0758)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interview, record review, manufacturer ' s guidelines for medication use, and facility policy; the facili...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interview, record review, manufacturer ' s guidelines for medication use, and facility policy; the facility failed to ensure Resident (R)3 was free from unnecessary psychotropic medication Olanzapine (Zyprexa) for 1 of 1 resident reviewed for unnecessary medications. Specifically, an antipsychotic medication was used by the facility without proper medical rationale and proper indication for usage.
Findings include:
Review of the facility ' s policy titled Psychoactive Drug Monitoring last revised [DATE], revealed Residents who receive antidepressant, hypnotic, anti-anxiety, or anti-psychotic medications are monitored to evaluate the effectiveness of the medication. Every effort is made to ensure that residents receiving these medication obtain the maximum benefit with the minimum of untoward effects. 1) Residents receive a psychoactive medication only if designated medically necessary by the prescriber. The medical necessity is documented in the residents ' medical record. 2) Non- pharmacological interventions such as behavior modification or social services and their effects are documented as part of the care planning process and are utilized by the prescriber in assessing the continued need for psychoactive medications. 3) Initiation and dosing of the psychoactive medication follows recommendations from the medial literature, clinical practice guidelines, and regulations and standards. 4) All of the following conditions are satisfied prior to initiation and/or continuation of therapy: possible reversible causes for the resident ' s distress have been ruled out; use results in maintenance or improvement in the resident ' s functional status; long-term daily use has been accompanied by unsuccessful gradual dosage reductions; the need for the response to therapy are monitored and documented in the residents medical record. 5) Antipsychotics are given only if the residents have been diagnosed with one the following indications as defined by the Diagnostic and Statistical Manual of Mental Disorder (DSM-IV) or subsequent editions and the diagnosis is documented in the medical or for a diagnosis not included on the list: schizophrenia, schizo-affective disorder, delusional disorder, psychotic mood disorder, organic mental syndromes (dementia, delirium, and cognitive disorder). 6) Residents receive antipsychotic mediation only for behaviors that are quantitatively and objectively documented through the use of behavioral monitoring charts or a similar mechanism. 7) Residents receive antipsychotic medication only for behaviors that are persistent, that are not caused by preventable reasons, and are impairing personal functioning (physical aggression, verbal aggression, or socially inappropriate behaviors). 8) Antipsychotics are not used solely for the following conditions if there is no other indication: wandering; poor-self-care; restlessness; anxiety; insomnia; agitated behaviors that do not represent danger to the resident or others.
Review on [DATE] of the manufacturer's prescribing information for Zyprexa (Olanzapine) revealed WARNING: INCREASED MORTALITY IN ELDERLY PATIENTS WITH DEMENTIA-RELATED PSYCHOSIS See full prescribing information for complete boxed warning. Elderly patients with dementia-related psychosis treated with antipsychotic drugs are at an increased risk of death. ZYPREXA is not approved for the treatment of patients with dementia-related psychosis . ZYPREXA Intra-Muscular is indicated for the treatment of acute agitation associated with Schizophrenia and Bipolar I Mania. 'Psychomotor agitation' is defined in DSM-IV as 'excessive motor activity associated with a feeling of inner tension.' Patients experiencing agitation often manifest behaviors that interfere with their diagnosis and care, e.g., threatening behaviors, escalating or urgently distressing behavior, or self-exhausting behavior, leading clinicians to the use of intramuscular antipsychotic medications to achieve immediate control of the agitation [see Clinical Studies (14.3)].
R3 was admitted to the facility on [DATE] with diagnoses including but not limited to, dementia with behavioral disturbances, type 2 diabetes, Alzheimer ' s disease, psychosis not due to substance or known physiological condition, and anxiety disorder.
Review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of [DATE] revealed R3 has a Brief Interview of Mental Status (BIMS) score of 3 out of 15, which indicates they are not cognitively intact and had no significant mood or behaviors during this assessment period.
Record review on [DATE] of a Discharge MDS dated [DATE] revealed R3 has a BIMS score of 3 out of 15 which indicates they are not cognitively intact. Further review revealed R3 had no significant mood or behaviors during this assessment period.
Record review on [DATE] of R3 ' s Physician Orders revealed Zyprexa 5 MG tablet ordered by Psychiatric Physician #1 on [DATE] for unspecified psychosis.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE] which stated, resident started on new medication today olanzapine mg (Zyprexa). Resident was pleasant this morning when administering medications around lunch time in dining area, resident had an unresponsive episode with no appropriate response to pain. Resident sent to hospital for evaluation/treatment, Medical Director (MD) and Resident Representative (RP) made aware of transfer.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read resident to remain in the hospital, follow up call to RP in regards to bed hold, RP verbalized understanding, telephone number to hospital provide to RP.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read resident returned to facility on stretcher via transportation. Resident is alert to self, verbally responsive, confusion noted. Resident talking unintelligibly and rambling, no acute distress note and no signs of pain or discomfort noted. Resident can ambulate independently, abdomen soft, non-distended, resident is incontinent of bowel and bladder wear adult briefs. MD called and made aware of residents return.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE] order received by Nurse Practitioner (NP) to discontinue olanzapine (Zyprexa) use.
Record review on [DATE] of R3 ' s Progress Notes revealed a follow-up encounter dated [DATE] revealing R3 is an [AGE] year-old black or African American female admitted for syncope (fainting) on [DATE]. R3 has advanced dementia patient at Bayview Nursing Center who was coming back from the sitting room walking with assistance when she experienced a syncopal episode. Syncopal episode lasted about 2 minutes and the staff could not feel a pulse and started Cardiopulmonary Resuscitation (CPR) for roughly 2 minutes. On arrival fire and rescue she alert and with a low blood pressure 80/4- but she was almost back at baseline. While spending a few hours in the hospital she is now back to baseline and her blood pressure is better. She has little ecchymosis (bruise) of the left eye imaging is currently pending. Will follow closely this patient is unable to give me any history due to advanced dementia.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read staff reports that resident was having some increased pacing and was started on Zyprexa, which was later discontinued related to possible adverse effects and non-responsive episode in which CPR was
initiated. Since re-admission from hospital staff reports restless behaviors. Antihypertensives were also adjusted, gait is unsteady, resident able to ambulate independently and is re-directed as needed, encourage rest periods.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read resident was assisted to bed by staff but would not lie down, resident preferred to sit in Geri chair and stay at nurse ' s station with staff. Resident did allow staff to put her back in bed around 3 am, no other complaints were observed.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read resident was unresponsive, 911 was called and transported to hospital. MD was notified of transfer, on call nurse and RP notified of transfer, will continue to monitor.
Record review on [DATE] of R3 ' s Progress Notes revealed a Nursing Note dated [DATE], which read resident returned via personnel care via stretcher, resident returned with order for Keflex 500 mg four times daily for Urinary Tract Infection (UTI), will continue to monitor.
Record review on [DATE] of R3 ' s Psych Progress Note dated [DATE] revealed Patient is a [AGE] year-old female that is being seen today for initial psychiatric evaluation. Per provider records patient has a past psychiatric history of anxiety and psychosis. Patient is currently on Buspar (Anxiety medication), Zyprexa recently stopped after what appears to be potential allergic reaction per NP today. Patient currently being treated for UTI, has been restless per staff. On exam patient is sitting up, awake and alert, calm and in no distress. Speech is coherent, regular rate and tone, fair eye contact, thought process is confused. Oriented to person only, mood is good, affect is appropriate.
Record review of R3 ' s Medication Administration Record (MAR) for the month of [DATE] revealed no documentation of inappropriate behaviors for behavior monitoring.
Record review of R3 ' s MAR for the month of [DATE] revealed no documentation of inappropriate behaviors for behavior monitoring.
Record review of R3 ' s MAR for the months of November and [DATE] revealed the medication Zyprexa was administered on [DATE], [DATE], and [DATE].
An observation of R3 on [DATE] at 10:15 AM revealed her asleep in a Geri-chair near other residents, appropriately dressed. Upon attempt, it was determined she was non-interviewable.
A phone interview on [DATE] at 1:22 PM with R3 ' s Resident Representative revealed I was notified that R3 went to the hospital and when she returned to the facility. They (the facility) never explained to me why she went to the hospital. I thought something was off (R3), but he didn ' t know exactly what was wrong. The facility has contacted me twice, but I can ' t remember the dates, but both were about her going to the hospital. I live hours away, so I don ' t get to see her often and have not been able to visit since the recent hospitalizations.
An interview on [DATE] at 12:51 PM with Certified Nursing Assistant (CNA)1 revealed It is not normal for R3 to sleep all day, however since she returned from the hospital last week she sleeps a lot. Staff wakes up the resident every two hours and takes her to be changed. Resident prior to her hospital stay she was eating on her own and walking on her own. She now is fed prior to a week ago she was eating feeding herself.
An interview on [DATE] at 1:01 PM with Licensed Practical Nurse (LPN)1 revealed I have worked at the facility for many years and have been working with R3 since her admission. Staff use music as a non-pharmacological approach for R3. The electronic system is the monitoring tool that is used. For psychotropic medications, the MAR is utilized to monitor and assess behaviors. The resident had been running down the hall prior to receiving the medication Zyprexa. The Zyprexa was ordered when I was off, and the nurse practitioner discharged it because of the side effects. Resident now is in the [NAME]-chair most days and prior to the new medication, she was not.
A phone interview on [DATE] at 2:25 PM with the Director of Nursing (DON) revealed non-pharmacological approaches are first used prior to the administration of psychotropic medication to attempt to re-direct the behavior. If behaviors are occurring with a resident we expect staff to document the behavior in the MAR. With R3 we are unsure that the medication Zyprexa was the cause of the resident's fainting and having to be hospitalized . R3 had a hospitalization days after the medication (Zyprexa) was discharged from her physician's orders and was last administered. Because R3 is on our dementia unit we utilize a Psychiatrist for residents that have dementia with behaviors rather than our Medical Director or Nurse Practitioner all interventions are discussed within the IDT and QAPI team.
A phone interview on [DATE] at 3:51 PM with the Psychiatrist for the facility revealed I go to the facility about once a week to visit the residents under my care. A lot of the residents have dementia with behaviors. I spoke with the Nurse Practitioner, and he informed me that the resident had to have a hospitalization and they (the facility) were wondering to the medication Zyprexa had anything to do with it. I was aware and that the NP had discharged the medication after the hospitalization. I prescribed this medication because of the resident ' s psychosis because she was being combative with care and with staff and paranoid when staff attempted to give her care. We tend to undertreat psychosis in long-term care facilities (hallucinations) as long as they aren ' t harming themselves or others it is fine, but if it is and they are having negative consequences (paranoid behavior) then we attempt non-pharmacological approaches. But when the facility finally calls us (for treatment) we look into psychotropic medications and we look at the risk-benefit ratio. We consider diagnoses during the risk-benefit ratio along with black box warnings. The risk is there but the risk of not treating the psychosis is harmful as well. I was aware of the black box warning and contradiction for the medication Zyprexa when I prescribed the medication to R3. It is not true that the medication Zyprexa is not licensed for use for patients with dementia. It has a warning that you clinically take into account prior to prescribing, it is something that you take into the risk-benefit ratio. I was aware that there is a higher risk of mortality when this medication is prescribed to older adults with dementia however, there is a risk of mortality when you don ' t treat psychosis as well. I was aware of the facilities' policies and federal regulations related to antipsychotic medication usage in adults with dementia.