CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interview, and policy review the provider failed to ensure a thorough investigation was completed regard...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interview, and policy review the provider failed to ensure a thorough investigation was completed regarding an allegation of abuse for one of one sampled resident (5).
Findings include:
1.Review of a 12/25/24 grievance form completed by registered nurse (RN) Q regarding resident 5 revealed:
*The nature of the grievance was Resident reports CNA [certified nursing assistant] R used unnecessary force and maleficence [harmful] while giving cares in changing her brief and providing peri-care during repositioning/turning.
*The incident was documented attached to the grievance as happening between 7:30 a.m. and 8:00 a.m. on 12/25/24.
*RN Q's documentation attached to the grievance stated, Upon entering [the] resident's room she was visibly upset, looking to me and stating, 'I don't know what else to do. I know I can trust you to make this right.' She then reported the following:
- CNA R was in resident 5's room completing morning cares and resident 5 was lying on her right side holding onto the bed rail facing the wall.
-Resident 5 then reported to RN Q, that CNA R was short and mean with her, using a 'mean voice', and telling her to roll over. 'The way she was doing it, I couldn't brace myself enough on the bed handle (side rail). She was pushing me too hard and I told her to stop because I felt like I was going to fall between the wall and the bed. I was scared. She wouldn't listen to me when I told her to stop.' Resident [resident 5] is crying at this time, recalling her fear at falling from the bed and the aide not listening to her to her pleas to stop pushing.
-Resident 5 continues to cry, 'Please have someone else help me to the dining room. I could have been on the floor. I'm so scared. She scares me. I don't want her to come near me.' Resident [resident 5] later reports to me [RN Q], 'I don't feel safe with her [CNA R]. I choose not to have her [CNA R] care for me. Ever.'''
*On 12/26/24 RN Q spoke with CNA R in a private location. CNA R denied wrongdoing and curtly [abruptly] tells this nurse [RN Q], 'I did nothing wrong. I was only pushing her [resident 5] to her side and she wasn't helping. I was told she gets emotional.' CNA R has an attitude in responding to my questions, not allowing for constructive critique or approach in working with [resident 5].
*RN Q documented her evaluation of CNA R which included RN Q felt CNA R had fluctuations in presentation from being kind and helpful to angry and short-tempered.
*DON B documented on the grievance form that on 12/27/24 the grievance had been resolved and CNA [CNA 5] agency asked to coach CNA- noted improvement by staff.
2. Review of an email dated 12/27/24 from DON P to DON B and administrator A revealed:
*DON P was in the facility on 12/25/24 and stated she had addressed the issues that had occurred on that day, and she had placed the grievance form in administrator A's box in the office.
*Her documentation in the email included:
-I know these two have not gotten along but there is feedback coming from permanent and travel staff that her [CNA R] attitude is not good, she does not take suggestions and criticism well, and she is rough with the residents. None of the accounts that occurred on Christmas Day were witnessed by other staff members as she likes to work independently as well.
-On Christmas day she [CNA R] was switched to a different group because [resident 5] said she was scared of her, [another resident] also complained, and I believe [an additional resident] mentioned something as well. All [complaints] determined not to be abuse but concerns [were] present. Yesterday she was also changed off that group to a different group just to have some time to follow up with the grievance and see if changing [the group] seems to help overall. With the admission and readmission yesterday, it was a bit busy prior to me leaving so I did not have much of a chance to deal with this outside of [CNA/CMA K] working on getting ahold of [a travel nursing agency].
3. Review of resident 5's electronic medical record (EMR) revealed:
*She was admitted on [DATE].
*Her 12/26/24 Brief Interview of Mental Status (BIMS) assessment score was 15, which indicated she was cognitively intact.
*The first skin observation tool assessment completed after the 12/25/24 reported incident was documented on 1/10/25, with no skin issues documented.
*A psychosocial progress note entered by social services on 12/30/24 at 9:15 a.m. indicated resident 5 was seen for session today. Concerns were addressed with nursing staff.
-There was no documentation to support what those concerns were.
4. Interview on 3/12/25 at 10:08 a.m. with administrator A revealed:
*She was made aware of the 12/25/24 reported incident on 12/27/24 via email from DON P.
*DON P told her that she did not suspect abuse.
*She had spoken with resident 5 in passing and she had not expressed any concerns regarding the 12/25/24 incident with CNA R.
*She and DON B had reviewed resident 5's skin assessment and there were no identified concerns.
-There was a skin assessment completed on 12/20/24, prior to the incident, and the next skin assessment was completed on 1/10/25, 16 days after the incident.
-The grievance was documented as resolved on 12/27/24.
*She confirmed that the 12/25/24 grievance written by RN Q was concerning as an allegation of abuse.
*She would have reported abuse to the South Dakota Department of Health (SD DOH) if it was warranted or if she could prove it was abuse.
5. Interview with 3/12/25 at 1:13 p.m. with DON B revealed:
*Any staff member had the ability to complete a SD DOH facility reported incident (FRI) report related to a suspicion of abuse.
*It was her expectation that she be notified of an incident and the charge nurse should complete the SD DOH FRI report.
*She did not feel that a report should have been made to the SD DOH regarding the 12/25/24 reported incident with resident 5 because there were no injuries identified.
*She verified the documents available regarding the 12/25/24 reported incident included the grievance form, the documentation completed by RN Q, the 12/27/24 email sent by DON P to administrator A and DON B, and documentation that CNA R 's travel employment agency had been notified of the grievance and her contract was terminated early on 1/6/25.
-She confirmed she was unable to locate further documentation to support the resident's grievance had been thoroughly investigated to ensure abuse had not occurred.
Review of the provider's undated Reporting Abuse to Facility Management policy revealed:
*Abuse is defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.
*Reports of any suspected abuse or incidents of abuse must immediately be reported to the Social Services Director, Administrator, and the Director of Nursing. In the absence of those listed above, such reports may be made to the Nurse Supervisor on duty.
*The Administrator, Social Services Director and Director of Nursing must be immediately notified of suspected abuse or incidents of abuse. If such incidents occur or are discovered after hours, the Administrator, Social Service Director and/or Director of Nursing must be called and informed of such incident.
*When an incident of resident abuse is suspected or confirmed, the incident must be immediately reported to facility management regardless of the time lapse since the incident occurred. Reporting procedures should be followed as outlined in this policy.
*A completed copy of documentation forms and witness statements, if any, must be provided to the Administrator within 24 hours of the occurrence of an incident of suspected abuse. An immediate investigation will be made and a copy of the findings of such investigation will be provided to the Administrator within 5 working days of the occurrence of such incident.
*Upon receiving information concerning a report of abuse, the Director of Nursing will request that Social Services monitor and document the resident's reactions to statements regarding the incident and their involvement in the investigation.
*Unless the resident requests otherwise, the Social Service Director will give the Administrator and the Director of Nursing a written report of their findings.
Review of the provider's undated Abuse Investigation policy revealed the following:
*All reports of resident abuse, neglect, injury of unknown source and misappropriation of resident property shall be promptly and thoroughly investigated by facility management.
*The individual conducting the investigation will, as [at] a minimum:
-a. Review the completed documentation form
-b. Review the resident's medical record to determine events leading up to the incident
-c. Interview the person(s) reporting the incident
-d. Interview any witnesses to the incident
-e. Interview the resident (as medically appropriate)
-f. Interview the attending physician as needed to determine the resident's current level of cognitive function and medical condition
-g. Interview staff members who have contact with the resident during the period of the alleged incident
-h. Interview the resident's roommate, family members, and visitors as needed
-i. Interview other residents to whom the accused employee(s) provides care or services for
-j. Review all events leading up to the alleged incident.
*Witness reports will be obtained in writing. Witnesses will be required to sign and date such reports.
*The results of the investigation will be recorded on approved documentation forms.
*The Administrator or his/her appointed member of management will provide a written report of the results of all abuse investigations and appropriate action taken to the State Survey and Certification Agency, the Local Policy Department, the Ombudsman and others as may be required by state or local laws, within (5) working days of the reported incident.
Review of the provider's undated Mandatory Reporting policy revealed the following:
*Abuse is the willful inflection of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.
*Willful means the individual intended the action itself that he/she knew or should have known could cause physical harm, pain, or mental anguish.
*Do an investigation, review the findings, and revise the care plan as necessary.
*Do an investigation and report per the appropriate timeline.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, interview, and policy review, the provider failed to ensure documentation related to a grad...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, interview, and policy review, the provider failed to ensure documentation related to a gradual dose reduction (GDR) had occurred to support the rationale for not completing a GDR for one of one sampled resident (5) who received psychotropic medications (any medication that affects brain activities associated with mental processes and behaviors). Findings include:
1. Observation and interview on 3/9/25 at 3:42 p.m. of resident 5 in her room while she was in bed revealed she had slow slurred speech.
2. Review of resident 5's electronic medical record (EMR) revealed:
*She was admitted on [DATE].
*Her 12/26/24 Brief Interview of Mental Status (BIMS) assessment score was 15, which indicated she was cognitively intact.
*Her diagnoses included schizoaffective disorder (a mental health condition that includes symptoms of both schizophrenia and mood disorder), depression, and anxiety.
*She had a physician order to receive mental health services.
*She had multiple psychotropic medications ordered for her schizoaffective disorder including:
-Aripiprazole 5 mg (milligrams) daily.
-Bupropion 150 mg twice daily.
-Clozapine 100 mg at bedtime.
-Divalproex delayed release 500 mg twice daily.
*She had been on the same dose of Divalproex since 3/19/24.
*The Consultant Pharmacist Review 2024 and 2025 annual forms did not include divalproex as a psychotropic medication.
*Her Abnormal Involuntary Movement Scale (AIMS) evaluations (a rating scale to measure involuntary movements that can sometimes develop as a side effect of long-term use of antipsychotic medications) was a zero until 12/28/23, when it increased to two and then on 3/19/24 it increased to a four, which indicated an increase in involuntary movements.
*Review of the mental health providers progress notes revealed:
-There was no documentation of notification related to the change in the AIMS score.
-Each visit contained the statement, Previous attempts to GDR resident's psychotropic medications have failed with exacerbation of symptoms including hospitalization, the current medications are appropriate for diagnosis and provided in appropriate amounts. NO GDR is considered or appropriate for this resident.
--There were no changes documented to the divalporex.
--Other psychotropic medications had been dose adjusted or changed to or from a different medication.
*Review of minimum data set (MDS) assessments (a standardized comprehensive assessment of functional, medical, psychosocial, and cognitive status) completed revealed:
*A GDR had not been attempted since 8/18/2020.
*She had not been hospitalized in the past year.
3. Interview on 3/11/25 at 3:26 p.m. with director of nursing (DON) B revealed:
*During a phone conversation on 3/11/25 with consultant pharmacist N, DON B was told that consultant pharmacist N did not complete GDR recommendations for residents that were prescribed psychotropic medications and were being seen by mental health because the mental health provider managed their medications.
*She had not been previously aware that he was not completing GDR recommendations for residents that were on a psychotropic medication and being seen by a mental health provider.
4. Interview on 3/11/25 at 4:37 p.m. with consultant pharmacist N revealed:
*He verified that if a medication that was not classified as a psychotropic and it was being used to affect a person's mental state it would qualify for a GDR review.
*He did not complete GDR reviews or provider recommendations for residents who were prescribed psychotropic medications and receiving mental health services.
*He considered every visit with a mental health practitioner a GDR visit.
*If a resident was on more than one psychotropic medication and one of the medications was changed, he had not been addressing the other medications for GDRs.
*He did not address each psychotropic medication individually when a resident was on more than one.
*He indicated he would have asked for a diagnosis clarification if a medication was being used as a psychotropic medication that was not in a class of medications identified as a psychotropic medication.
*Divalproex (a medication used to treat seizures that is also used as a mood stabilizer) was on resident 5's medication list with a diagnosis of schizoaffective disorder and was not being addressed as a medication that required a GDR, according to the list on his Consultant Pharmacist Review 2024 and 2025 annual forms.
*He stated there may have been a gap in services when a GDR was not presented to the resident's primary care physician or mental health provider.
5. Interview on 3/12/25 at 11:27 a.m. with assistant director of nursing (ADON) G revealed neither the physician nor the mental health provider was notified of the changes in resident 5's AIMS evaluations.
6. Review of the provider's undated Antipsychotic Medication Policy revealed the following:
*Nursing will monitor antipsychotic drug use daily noting any adverse effects such as increased somnolence (excessive sleepiness), functional decline, cardia [cardiac] arrhythmias (abnormal heart rhythm), parkinsonism (characterized by the same motor symptoms as Parkinson's disease), akathisia (movement disorder characterized by a feeling of restlessness and an inability to sit still), tardive dyskinesia (repetitive, involuntary movement disorder), dystonia (involuntary, sustained muscle contractions), anticholinergic effects (side effects caused by medications that block the action of the neurotransmitter acetylcholine), orthostatic hypotension (low blood pressure after standing up from a sitting or lying position) and cerebrovascular evens [events] (conditions that affect the blood vessels in the brain) which can include stroke, TIA [transient ischemic attack] (a mini-stroke), and heart failure. If any of these adverse effects are noted, the charge nurse will chart detailing in progress noted [notes] in [EMR] and notify primary care physician of findings.
*AIMS assessment will be performed every 3-6 months and quarterly psychotropic drug assessment will be performed on a quarterly basis with the MDS assessment schedule and any changes will be reported to the physician.
*Efforts to reduce dosage or to discontinue use of antipsychotics will be ongoing, as appropriate, for the clinical situation. Use will be reviewed at care conferences and recommendations for gradual dose reduction (GDR) will be given to physician, unless clinically contraindicated, to assess effectiveness and/or need for continues [continued] use of antipsychotic. Pharmacy consultant will review [antipsychotic] use and offer recommendations as indicated.
*Definition of Clinically Contraindicated for Antipsychotics:
-The physician has documented the clinical rationale for why an additional attempted dose reduction would likely impair the resident's function or increase distressed behavior.
-For [a] resident with a psychiatric disorder other than dementia:
--a. If the continues [continued] use in [is] in accordance with relevant current standards of practice and the physician has documented the clinical rationale for why any additional attempted dose reduction would likely impair the resident's function or cause psychiatric instability by exacerbating an underlying psychiatric disorder.
--b. If the resident's symptoms returned or worsened after the most recent GDR attempt and the physician has documented the clinical rationale for why any additional attempted dose reduction would likely impair the resident's function or cause psychiatric instability by exacerbating an underlying psychiatric disorder.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0582
(Tag F0582)
Could have caused harm · This affected multiple residents
Based on record review and interview, the provider failed to ensure the proper Medicare Notices were completed accurately for:
*Two of two sampled residents (10 and 33) who had remained in the facilit...
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Based on record review and interview, the provider failed to ensure the proper Medicare Notices were completed accurately for:
*Two of two sampled residents (10 and 33) who had remained in the facility following their discharge from Medicare part A skilled services.
*One of one sampled resident (41) who had discharged to home following their discharge from Medicare part A skilled services.
Findings include:
1. Review of resident 10's electronic medical record (EMR) revealed:
*She had a 3/4/25 Brief Interview for Mental Status (BIMS) assessment score of 14, which indicated she was cognitively intact.
*Her last covered day of Medicare Part A skilled services was 10/30/24.
*The section of the Skilled Nursing Facility Advance Beneficiary Notice of Non-coverage (SNF ABN) form Beginning on with a blank for the date that her Medicare coverage ended was missing and appeared to have been whited out.
*The signature box contained a handwritten note, Phone: [name of family member]/[signature of director of nursing (DON) P].
-There was no documentation of the time of that notification.
-There was no indication that the person phoned was a representative for the resident.
*The date box had a typewritten date of 10/28/24.
2. Review of resident 33's EMR revealed:
*She had a 3/4/25 BIMS assessment score of 15, which indicated she was cognitively intact.
*Her last covered day of Medicare Part A skilled services was 12/24/24.
*The section of the SNF ABN form Beginning on with a blank for the date that stated when her Medicare coverage ended was missing and appeared to have been whited out.
*No box was checked in the Options section to have indicated whether the resident did or did not want to receive care.
*The signature box contained a handwritten note, Telephone: [name of family member]/[signature of DON P].
-There was no documentation of the time of that notification.
-There was no indication that the person phoned was a representative for the resident.
*The date box had a typewritten date of 12/22/24.
3. Review of resident 41's EMR revealed:
*Her last covered day of Medicare Part A skilled services was 12/23/24.
*The section of the SNF ABN form Beginning on with a blank for the date that stated when her Medicare coverage ended was missing and appeared to have been whited out.
*The date box had a typewritten date of 12/20/24.
4. Interview on 3/11/25 at 10:35 a.m. with administrator A regarding the SNF ABN Forms revealed:
*She agreed that the section of the form that included the date Medicare coverage ended was missing from residents 10, 33, and 41's forms and appeared to have been whited out.
*She was unsure why the SNF ABN forms for residents 10 and 33, who were cognitively intact, had been telephone signed by a family member and not the resident.
*She stated that the previous DON P had been responsible for the SNF ABN forms at the time they were provided to residents 10, 33, and 41.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0583
(Tag F0583)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to ensure two of two sampled resident (9 ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to ensure two of two sampled resident (9 and 21) privacy had been maintained related to audio or video monitoring devices. The provider had not followed their policy for video monitoring related to:
*Ensuring a cognitively intact resident had consented and been aware of the monitoring device in his room.
*Staff training and awareness with the devices including which residents had them, when to turn off or block the device to ensure the residents' privacy, the process for consents by the residents and staff, and ensuring a sign was posted to notify others of the video monitoring device.
Findings include:
1. Observation on 3/9/25 at 2:36 p.m. of resident 9's room revealed there was a white ball-shaped device on a stand on the dresser with a camera lens that faced resident 9's bed.
Observation on 3/10/25 at 1:47 p.m. of resident 9's room revealed:
*The above observed device was no longer present.
*There was no signage present at or near the entrance of his room that indicated the use of a video or auditory monitoring device.
Review of resident 9's electronic medical record (EMR) revealed:
*He was admitted on [DATE].
*He had a 1/7/25 Brief Interview for Mental Status (BIMS) assessment score of 14, which indicated he was cognitively intact.
*His diagnoses include anxiety disorder, major depressive disorder, severe with psychotic symptoms, repeated falls, dementia with other behavioral disturbances, and neurocognitive disorder with Lewy Bodies (a brain disease that affects movement, thinking, mood, and memory).
*A 1/29/25 video monitoring consent form that indicated resident 9's son had given verbal consent to director of nursing (DON) B.
-There was no documentation of resident 9 being informed of or signing a consent for the use of the video monitoring device.
*A 2/13/25 physician's order for video monitoring for resident 9's safety.
*The intervention of video monitoring was added to in his care plan on 1/31/25.
-The care plan did not indicate when staff should have shut off or blocked the video monitoring device to ensure resident 9's privacy.
Observation and interview on 3/10/25 at 1:56 p.m. with assistant director of nursing (DON) G in resident 9's room related to the video monitoring device revealed:
*The device that was used for video monitoring was currently not in use because it had not been helpful.
*It was put in place because resident 9 would throw himself on the floor.
*The device was a baby monitoring screen that was to be watched at the nurse's station.
*There was no sign placed at or near the entrance of his room that indicated video monitoring capability or use.
*Assistant DON G then removed the video monitoring device observed above from the top drawer of the resident's dresser that was manufacturer labeled GoodBaby.
Interview on 3/11/25 at 2:29 p.m. with resident 9 revealed:
*He was not aware that there had been a video monitoring device in his room.
*When shown the video monitoring device he indicated he did not know what that device was and asked if it was the camera.
Interview on 3/11/25 at 2:40 p.m. with certified nursing assistant (CNA)/certified medication aide (CMA) J regarding video monitoring in resident 9's room revealed:
*She was aware there was a video monitoring device in the room.
*She was not instructed to turn off or move the video monitor while providing the residents' care.
2. During the entrance conference on 3/10/25 at 8:39 a.m. with administrator A and DON B, administrator A indicated there was an [NAME] type device in resident 21's room.
Observation on 3/9/25 at 3:48 p.m. of resident 21 in her room revealed the following:
*She was seated in her recliner, her feet were elevated, she was covered with a blanket, and her eyes were closed.
-An [NAME] Show (an electronic device that has a drop in feature capable of audio and video recording) was on the bookshelf next to her recliner that was facing her.
*There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
Observation on 3/10/25 at 8:06 a.m. of resident 21 in her room revealed:
*She was lying on her bed, her eyes were closed, and an [NAME] Show device was on the bookshelf at the same height as her bed.
-The device was facing her bed.
*There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
Observation on 3/11/25 at 7:32 a.m. of resident 21 revealed:
*She was in her bed, the [NAME] Show device was on the second shelf of the bookstand with a pink sticky note on the front that showed where the volume buttons were, and a piece of black tape had been placed over the camera shutter.
-The device was turned and facing the wall.
*There was no sign at the entrance to the room or within the room that indicated an audio/video monitoring device was used in that room.
Review of resident 21's EMR revealed:
*Her admission date was 5/3/23.
*Her 1/14/25 Brief Interview of Mental Status assessment score was a 6, indicating she was cognitively impaired.
*Her diagnoses included: dementia, major depressive disorder, abnormal involuntary movements, psychotic disturbance, anxiety, and mood disorder.
*An 8/9/23 physician's order to Make sure [NAME] Show privacy shutter is closed when family is not present. every shift Pull device out of room and put [it] in [the] med room if the shutter is open. Notify DON [director of nursing] if you need to pull it.
*Her 3/10/25 care plan had a 5/9/23 focus area of Due to the possibility of COVID-19, I have the potential for a psychosocial well-being problem and am at risk for social isolation due to limited visitation possibilities during times of high-transmission rates.
-An 8/3/23 intervention for that focus area indicated resident 21 will be allowed to have her [NAME] Show to be in contact with her family via video call. Family will sign a consent and follow policy for use.
Interview and observation on 3/11/25 at 7:36 a.m. with CNA O in resident 21's room revealed she:
*Was not aware of any residents having an [NAME] Show or any other recording device in their rooms.
*Stated there were night lights in resident rooms that look like an [NAME] device, and when you touch it the night light turns on.
*Observed resident 21's [NAME] Show and stated she was unsure if it was a device that had audio or video monitoring capabilities.
Interview on 3/11/25 at 7:42 a.m. with resident care coordinator/Minimum Data Set (MDS) Coordinator H regarding video and audio monitoring devices revealed:
*She was aware of an [NAME] Show device in resident 21's room.
-Staff were to turn the camera away from resident 21 when they provided care for her to ensure her privacy was maintained.
-Resident 21's family had wanted the device in her room.
-She was unsure of how long it had been in her room.
*She was unsure if resident 21's family used the device's video feature with other family members.
*She had not removed the camera from resident 21's room.
3. Interview on 3/11/25 at 8:32 a.m. with DON B, administrator A, and assistant DON G regarding audio/video monitoring devices in resident's rooms revealed:
*DON B stated the [NAME] Show in resident 21's room was not used for video purposes.
-She thought it was used for the family to look at pictures when they visited resident 21, and was aware resident 21's daughter used the device for audio calls to other family members when she visited.
-Administrator A and DON B were not aware that the [NAME] Show device had a drop-in feature (a feature that allows instant video or audio conversations by outside contacts.)
*DON B indicated resident 9 and his son were aware of the video monitoring device in his room.
-DON B stated the device's video feature was to be turned off by staff when they provided care for the resident for privacy, and the device was in his room to monitor his behaviors and to be able to visualize if he throws himself on the floor.
*DON B stated staff were educated verbally to turn the camera away when they provided personal care to resident 9.
-That education was not documented.
*Assistant DON G stated that everyone knows to turn the device away from the resident while they provided care for that resident to maintain his privacy.
4. Interview and policy review on 3/11/25 at 4:45 p.m. with Administrator A, DON B, and assistant DON G, regarding audio/video device consents and the audio/video monitoring policy revealed the following:
*The policy included a consent was to be signed by staff members.
-Administrator A indicated none of the staff had signed the consent form.
*Administrator A thought the audio/video recording devices would be hooked up to the provider's guest Wi-Fi that was available to all residents and families with codes that were posted at the entrance to the facility.
-Administrator A stated the provider had not needed to provide written approval to the resident or their representative for the use of video recording devices to be used on the provider's guest Wi-Fi.
5. Review of the provider's undated Video Monitoring policy revealed the following:
*Nursing staff must also complete and sign the consent form before a video monitoring device may be installed in the resident's room. The nursing staff member may refuse or withdraw consent to video monitoring.
*Video monitoring restrictions:
-Audio recording is prohibited.
-A resident may not use a facility's local area network to connect the video monitoring device to the internet without the facility's written consent.
-The facility may impose conditions on the installation of any wire, cable, or other technologies that may be necessary to connect the device to the internet.
*1. Resident Consent
-The description of the video monitoring device I wish to install:
--Brand Name:
--Model Number:
--Installation and operating requirements:
*3. Restrictions (Please Indicate)
-No restrictions
-The video monitoring device must be pointed away from ______________ [blank line]
-No video recording
-No broadcasting video recordings
-Video monitoring device must be turned off or blocked during an examination or procedure by a health care provider.
-Video monitoring device must be turned off or blocked while dressing, bathing, or personal care planner, intimate partner, ombudsman, spiritual advisor, or another visitor.
-Other restrictions:
*5. Staff Consent to Video Monitoring in [name] (resident) Room.
-Signature
-Consent
-Do Not Consent
*The last page of the policy indicated a sign was to be posted that included THIS ROOM CONTAINS A VIDEO MONITORING DEVICE.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0655
(Tag F0655)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. Observation and interview on 3/10/25 at 8:51 a.m. of resident 142 revealed she:
*Was seated in a wheelchair by the bathing ro...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. Observation and interview on 3/10/25 at 8:51 a.m. of resident 142 revealed she:
*Was seated in a wheelchair by the bathing room.
*Stated she was recently admitted for occupational therapy and physical therapy.
*Planned to return to her home within the next 30 days.
Review of resident 142's EMR revealed:
*She was admitted on [DATE].
*Her 3/4/25 BIMS assessment score was a 14, which indicated her cognition was intact.
*Her diagnoses included: muscle weakness, Erythema Intertrigo (redness, inflammation, and irritation in the skin folds), lumbar radiculopathy (compressed or irritated nerves in the back that may cause pain and other symptoms), and retention of urine.
*Her 3/4/25 baseline care plan included focus areas of:
-She did not have a POA (financial and care).
-She had the potential of a psychosocial well-being problem related to her major life adjustment of having admitted to the facility and losing her independence.
-To ensure on or before admission, and throughout stay, I am reviewed for appropriateness of placement.
3. Interview on 3/11/25 at 2:32 p.m. with social service director E regarding resident's baseline care plans revealed she was not aware if anyone:
*Did or should have reviewed the baseline care plans with residents and/or their representative within 48 hours of the residents' admission.
*Provided the baseline care plan to the resident and/or their representative within 48 hours of the residents' admission.
Interview on 3/11/25 at 3:20 p.m. with director of nursing (DON) B regarding baseline care plans revealed:
*She thought the Interim Care Plan (ICP) assessment demonstrated compliance with the baseline care plan requirements.
*The Minimum Data Set (MDS) nurse had been responsible for completing the baseline care plans and had exceeded the required 48-hour time frame.
-The ICP assessment was changed to one of the charge nurse's duties while completing the admission process for new residents.
Interview on 3/11/25 3:38 p.m. with DON B regarding baseline care plans revealed:
*There was no documentation the resident and/or their representative reviewed and was given the baseline care plans.
-She was not aware that a baseline care plan should have been reviewed and given to the resident and/or their representative within 48 hours of the resident's admission.
Interview on 03/11/25 at 4:50 p.m. with administrator A revealed she was not aware baseline care plans should have been reviewed with and given to the resident and/or their representative within 48 hours of the residents' admission.
4. Review of the provider's December 2024 Care Plan Policy and Procedure revealed:
*Upon admission, resident will be assessed by the Charge Nurse and a baseline care plan will be developed with information gathered from the resident and the resident's family.
*The facility will inform the resident, in a language he or she can understand, of his or her rights regarding planning and implementing care, including the right to be informed of his or her total health status.
*The policy had not addressed the requirements for the baseline care plan:
-To be developed within 48 hours of a resident's admission.
-To be provided to the resident and their representative.
Based on observation, record review, interview, and policy review, the provider failed to review with the resident or their representative, and provide a written summary of the baseline care plan for two of two sampled residents (25 and 142) within 48 hours of their admission.
Findings include:
1. Observation of resident 25 on 3/9/25 at 5:24 p.m. in the main dining room revealed:
*He had glasses on and was seated in his wheelchair at a table.
*He turned from the table and self-propelled his wheelchair to turn to another table and around the dining room.
-Licensed practical nurse (LPN) I assisted the resident returning to his table.
Interview with LPN I at that time revealed the resident was blind in one eye, had low vision in his other eye, and he was hard of hearing.
Review of resident 25's electronic medical record (EMR) revealed:
*He was admitted on [DATE].
*His admission diagnoses included: muscle weakness, history of falling, abnormalities of gait and mobility, low vision in both eyes, anemia (low iron), and chronic congestive heart failure.
*His 8/30/24 4:00 p.m. initiated interim care plan assessment was finalized/locked on 9/3/24 and indicated his 8/30/24 baseline care plan had included focus areas of:
-Activities of daily living (ADL) assistance with transferring, ambulating, locomotion, dressing, personal hygiene, eating, toilet use, and bathing.
-Visual impairment related to his severely impaired visual function.
-Communication problems related to his hearing impairment.
-Mobility assistance related to his history of falls, visual impairment, and gait/balance problems.
*His 9/3/24 Brief Interview of Mental Status (BIMS) assessment score was 8, which indicated his cognition was moderately impaired.
*There was no documentation that indicated the interim/baseline care plan had been reviewed or given to the resident or his representative.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, interview, and policy review, the provider failed to follow professional standards of pract...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, interview, and policy review, the provider failed to follow professional standards of practice related to:
*Physician notification of and implementation of appropriate interventions for one of one sampled resident's (36) significant weight loss as directed in their policy.
*Identification and implementation of interventions for one of one sampled resident (5) with low blood sugars.
*Holding the administration of insulin for one of one sampled resident (5) with low blood sugars without a physician's order.
Findings include:
1.Observation on 3/9/25 at 3:39 p.m. of resident 36 in the hallway revealed she had significant swelling to her ankles.
Review of resident 36's electronic medical record (EMR) revealed:
*She was admitted on [DATE].
*Her 3/5/25 Brief Interview of Mental Status (BIMS) assessment score was 1, which indicated she had severe cognitive impairment.
*Her diagnoses included disorder of electrolyte and fluid balance, heart failure, dehydration, and dementia.
*A 2/10/25 physician's order for Ace wraps (elastic bandages) daily PRN (as needed) for edema (fluid retention and swelling).
-There were no directions that addressed the location of ace wrap application or how long the ace wraps should be left on.
*A 2/11/25 physician's order for torsemide (a medication for fluid retention and swelling) 20 mg (milligrams) daily.
*She did not have a physician's order for nutritional supplements.
*It was documented from 2/17/25 through 3/4/25 resident 36 was offered a snack five times and accepted snacks three times.
Review of resident 36's documented weights revealed:
*On 2/3/25 she weighed 119 pounds.
*On 2/4/25, 2/7/25, and 2/11/25 she weighed 120 pounds.
*On 2/18/25 she weighed 122 pounds.
*On 2/21/25, 2/25/25, 2/28/25, 3/4/25, and 3/7/25, she weighed 110 pounds.
-On the 2/25/25 manager meeting notes, it was indicated resident 36 needed a reweigh related to weight loss.
--The reweigh confirmed resident 36's weight loss.
Observation on 3/10/25 at 1:51 p.m. of resident 36 in the hallway revealed ace wraps were not on her lower legs. There was no swelling to her lower legs or ankles noted at that time.
Review of resident 36's treatment administration record (TAR) for February and March 2025 indicated no documented use of ace wraps for swelling.
Review of resident 36's progress notes revealed:
*On 2/3/25 at 1:04 p.m. a dietary note indicated, [Resident 36] scored a 4 on her MNA [mini nutritional assessment]. (Malnourished) She was recently hospitalized for septic shock and was placed on a feeding tube. The tube has been removed, and she is eating well, over 76% and she has had a swallowing eval [evaluation]. Her current diet is Mechanical Soft with moist foods. She is tolerating [it] well. She did lose 23# [pounds] while in the hospital. [Resident 36] is sitting with the restorative aide. They will encourage and help [resident 36] eat.
*There were no notes addressing resident 36's weight loss of 12 pounds from 2/18/25 to 2/21/25 that was indicated in her weight records.
*On 3/3/25 at 10:53 a.m. a skilled note indicated, She has 3+ [deep pitting when an area is pressed on] edema [swelling] in her left lower leg and 2+ [moderate pitting] edema in the right.
*On 3/6/25 at 2:23 p.m. a skilled note indicated, She has 2+ edema to her left lower leg and 1+ [mild pitting] in the R [right] lower leg.
*On 3/11/25 at 12:43 p.m. a nutrition/dietary note indicated, [Resident 36] has had a significant weight loss which could be from fluid [changes]. She is eating meals over 76% and is not having trouble chewing or swallowing at this time. She is being monitored, and RD [registered dietician] is aware of these issues.
*On 3/11/25 at 6:11 p.m. a late entry nutrition/dietary note was entered by consultant dietician M that indicated, from discussion on [resident 36] during [a] site visit in February. She is a 81 y.o. [year old] Female with a BMI [body mass index] of 19.5- normal range. Wt. [weight] loss of -10lbs [pounds] over 30 days at 8.5%-moderate weight loss. Weight loss could be due to electrolyte imbalance, fluid imbalances and retention. Edema +3 previously, has reduced since then. New medications reported for fluid and anxiety. Zoloft may interact with diabetes medications causing hypoglycemia reported. Meal consumption has been over 75% and eating well has been reported. Continue goal of at least 75% completion at meals and monitoring weight. Calorie needs: 1,250-1,500 kcal [kilocalories]/day Protein needs: 50-60 grams/day Fluid needs: at least 1,500+ ml [milliliters]/day.
Review of resident 36's 3/10/25 care plan revealed:
*There was a focus area for at risk for possible nutritional problem and risk for dehydration. Weight loss noted while in acute care prior to admit.
-Interventions for this focus area included Encourage intake of food and fluids. Provide and serve diet as ordered. SLP [Speech Language Pathologist] or Dietician Consult [consultation] as needed.
*There were no further interventions related to weight loss on her care plan.
Interview on 3/12/25 at 1:13 p.m. with director of nursing (DON) B revealed:
*If nursing staff put on a resident's Ace wraps it should have been documented on that resident's TAR.
*She confirmed resident 36's Ace wraps had not been documented that they were put on the resident since the physician's order was received on 2/10/25.
*Dietary manager C was to monitor resident weights.
*Dietary manager C was to notify DON B if a resident had a change in weight.
*Consultant dietician M would work with DON B and dietary manager C to address residents with weight loss or significant weight fluctuations.
*DON B would expect the resident's physician to be notified of a resident's confirmed weight gain or loss.
*DON B explained she may monitor a resident's weight, reweigh the resident, and assess for other symptoms.
-She indicated she may not have notified the provider if there were no other symptoms identified with the resident's weight gain or loss.
*DON B verified resident 36's provider had not been notified of the significant weight loss.
Review of the provider's 1/28/25 Maintaining Nutrition Status policy revealed:
*Significant weight changes are 5% in 30 days, 7.5% in 90 days or 10% in 180 days.
*Significant weight losses will be reviewed by [the] Care Team and reported to [the] Residents [resident's] Physician/RD.
*Care team will evaluate possible additional interventions to promote good nutritional status to residents when normal interventions (Supplements, Restorative dining program, Diet change) have proven unsuccessful in stop [stopping] unplanned weight loss when [the] loss is not unavoidable.
Review of the provider's undated Notification of Changes policy revealed:
*The purpose of this policy is to ensure that [the provider] promptly informs the resident, consults the resident's physician; and notifies, consistent with his or her authority, the resident's representative when there is a change requiring notification.
*Circumstances requiring notification include:
-Significant change in the resident's physical, mental or psychosocial condition such as deterioration in health, mental or psychosocial status.
-Circumstances that require a need to alter treatment.
2. Interview on 3/9/25 at 3:42 p.m. with resident 5 in her room revealed she sometimes had low blood sugars.
Review of resident 5's EMR revealed:
*She was admitted on [DATE].
*Her 12/16/24 BIMS assessment score was 15, which indicated she was cognitively intact.
*She had a diagnosis of diabetes.
*She had a 7/10/18 physician's order to check her blood sugars three times daily.
*She had an order for, NovoLOG Solution 100 units/ML [milliliter] (Insulin Aspart) [fast-acting insulin] Inject 10 units subcutaneously [the fatty tissue layer under the skin] three times a day related to TYPE 2 DIABETES MELLITUS.
*She was to receive Soliqua Subcutaneous Solution Pen-Injector 100-33 UNT[unit]-MCG[microgram]/ML[milliliter] (Insulin Glargine-Lixisenatide) [long-acting insulin] Inject 40 units subcutaneously one time a day related to TYPE 2 DIABETES MELLITUS WITH DIABETIC NEPHROPATHY.
*There were no parameters provided on the physician's order to indicate if and when the insulins should have been held.
Review of resident 5's blood sugars and progress notes from December 2024 through February 2025 revealed:
*A progress note on 12/7/24 indicated resident 5's lunch novolog was held due to a blood sugar of 74 (below 70 is considered low for most individuals).
*On 12/10/24 at 11:43 a.m. resident 5's blood sugar was 50.
-The next blood sugar check was 85 at 4:24 p.m. on 12/10/24.
*On 1/27/25 at 5:35 p.m. resident 5's blood sugar was documented as 67.
-The next blood sugar documented was 128 at 7:10 a.m. on 1/28/25.
*Resident 5's blood sugar was documented as 213 at 11:40 a.m. on 1/29/25.
-A progress note on 1/29/25 at 12:30 p.m. indicated, Resident BS [blood sugar] was 213 prior to lunch. While sitting at the dining room table she was drooling, lethargic and not easy to arouse. I took Her BS and it [had] dropped to 51. DON [director of nursing] gave glucose gel to her. Will recheck BS.
-A progress note on 1/29/25 at 12:50 indicated, Resident is now awake and feeding herself. She is answering questions and responding.
-The next blood sugar documented was 103 at 1:24 p.m. on 1/29/25.
*A progress note on 1/31/25 at 4:35 p.m. indicated resident 5's NovoLog was held due to a blood sugar of 89.
*A progress note on 2/1/25 at 12:05 p.m. indicated resident 5's NovoLog was held due to a blood sugar of 95.
*A progress note on 2/10/25 at 11:53 a.m. indicated resident 5's NovoLog was held due to a blood sugar of 85.
*A progress note on 2/13/25 at 8:22 a.m. indicated resident 5's NovoLog and Soliqua were held due to a blood sugar of 89.
*A progress note on 2/22/25 at 9:06 a.m. indicated resident 5's NovoLog and Soliqua insulins were held due to a blood sugar of 89.
*A progress note on 2/23/25 at 4:56 p.m. indicated resident 5's NovoLog was held due to a blood sugar of 96.
*On 2/24/25 at 10:39 a.m. resident 5 had a blood sugar result of 63.
-There was no progress note that indicated she was symptomatic or if there were actions taken to address the low blood sugar.
-The next documented blood sugar check on 2/24/25 at 1:11 p.m. was 150.
*A progress notes on 2/26/25 at 4:58 p.m. indicated resident 5's NovoLog insulin was held for a blood sugar of 76.
Review of the provider's documentation of physician notification related to resident 5's blood sugars and insulins for 12/1/24 through 3/11/25 revealed:
*There were physician progress notes on 12/31/24 and 2/18/25 that indicated the physician had been notified of high blood sugars.
*There was no documentation of physician notification related to the resident's insulins being held or the resident's low blood sugars related to the occurrences identified in the resident's progress notes.
Interview on 3/11/25 at 2:32 p.m. with resident care coordinator/Minimum Data Set (MDS) coordinator H regarding blood sugar parameters revealed:
*Per their providers' standing order a low blood sugar was one less than 70 and a high blood sugar was over 400.
*If she identified a resident with a low blood sugar she would hold the insulin, give the resident a glass of juice and recheck the blood sugar in 15 minutes.
*She would document the blood sugar recheck in the EMR under the vital signs tab.
Interview on 3/12/25 at 1:13 p.m. with director of nursing (DON) B regarding low blood sugars revealed:
*Her expectation was for staff to follow the provider's policy.
*She indicated the treatment for a resident with a low blood sugar would be to give glucagon or something according to the physician's standing orders.
*She would expect a blood sugar recheck after treatment for a low blood sugar.
*She expected interventions and follow up regarding low blood sugars to be documented in the resident's EMR.
Review of the provider's undated Physician Standing Orders policy revealed the following:
*Diabetic Management:
-Notify provider if two BG [blood glucose] results are < [less than] 70 or > [greater than] 400 in a 24-hour period and/or change in condition; if no condition change, notify provider on the next business day.
*Hypoglycemia (BG <70)
*If resident is symptomatic, conscious, and able to swallow or has a feeding tube:
-Administer 6 ox [ounces] fruit juice, milk, regular pop, or other high carbohydrate beverage (eg. Ensure, Boost) orally or via feeding tube.
-Repeat BG after 15 minutes; if <70 repeat above intervention.
-If after 2 attempts to treat and BG still <70, notify provider.
*Once resident is stable, recheck BG after 60 minutes.
*Communicate occurrence of any hypoglycemic event to provider the next business day.
Review of the provider's undated Medication Management policy revealed, Medications are administered in accordance with written orders of the attending physician or physician extender.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0699
(Tag F0699)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to assess two of two (24 and 36) sampled ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to assess two of two (24 and 36) sampled residents for their need for trauma-informed care.
1. Observation and interview on 3/9/25 at 3:10 p.m. with resident 24 revealed:
*Her room had piles of clothing, books, and papers.
*She believed someone had taken some of her belongings.
*She believed her daughters had been molested by her husband.
Review of resident 24's electronic medical record (EMR) revealed:
*She was admitted on [DATE].
*Her 1/27/25 Brief Interview of Mental Status (BIMS) assessment score was 15, which indicated she was cognitively intact.
*Her diagnoses included anxiety and major depressive disorder.
-A copy of resident 24's trauma-informed care assessment was requested from the provider on 3/11/25 at 4:10 p.m. but was not provided for review by the end of the survey.
Review of resident 24's 3/10/25 care plan revealed:
*She had a focus area of, behavior problem r/t [related to] Depression and Anxiety Disorders. History and current events of the following: refusal of care, verbal/physical behaviors that are inappropriate and directed towards staff, hoarding, self-isolation, and allegations of abuse and neglect. Along with manipulative behaviors such as misinformation and alterations in the truth.
-One of the interventions was Provide education to staff yearly and as needed regarding behaviors and trauma-informed care.
*She had a focus area of has a psychosocial well-being problem r/t Anxiety, several Disease Processes, and ineffective coping secondary to a past history of trauma and medical history of bipolar disorder.
-Interventions for this were Identify items that may trigger s/sx [signs and symptoms] of trauma-related responses or lessen the effects of trauma and provide comfort.
-There was no documentation to support resident 24 had been assessed to determine if she had trauma or what her triggers would have been.
2. Observation on 3/9/25 at 3:39 p.m. of resident 36 revealed:
*She hollered for help repeatedly.
*She had repetitive and random indistinguishable vocalizations.
*She wheeled her wheelchair in and out of her room repeatedly.
Review of resident 36's EMR revealed:
*She was admitted on [DATE].
*Her 3/5/25 BIMS assessment score was 1, which indicated severe cognitive impairment.
*Her diagnoses included dementia without behavioral disturbance, psychotic disturbance, mood disturbance, and anxiety.
*There was no trauma-informed care assessment in resident 36's EMR.
Review of resident 36's 3/9/24 care plan revealed it did not contain a focus area or interventions for her behaviors and vocalizations.
Interview on 3/12/25 at 11:08 a.m. with administrator A regarding trauma-informed care revealed:
*The provider did not complete an assessment for any residents on admit or re-admission.
*The provider did not assess or reassess any residents for trauma-informed care.
Review of the provider's 4/20/19 Trauma Informed Care Plan and Procedure revealed:
*Trauma-Informed Care understands and considers the pervasive nature of trauma and promotes environments of healing and recovery rather than practices and services that may inadvertently re-traumatize.
*Trauma Informed care will be addressed in the care plan of noted residents.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0700
(Tag F0700)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation, interview, and policy review, the provider failed to ensure residents who used bed rails/as...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation, interview, and policy review, the provider failed to ensure residents who used bed rails/assist bars had:
*A signed consent for their use for two of twelve sampled residents (23 and 25).
*The medical symptoms for use documented on the Side Rail Assessments for five of twelve sampled residents (6, 9,13, 21, and 36).
*Received education on the risks of use versus benefits of use of side rails/assist bars for one of twelve sampled residents (9).
*Other attempted interventions documented on the Side Rail Assessment for one of twelve sampled residents (23).
Findings include:
1. Review of resident 23's 2/23/25 Side Rail Assessment revealed the area that was to indicate if a consent form had been signed was left blank.
2. Review of resident 25's 1/25/25 Side Rail Assessment revealed the area that was to indicate if a consent form had been signed was left blank.
3. Review of resident 6's 1/12/25 Side Rail Assessment revealed the area that was to have her medical condition/symptoms that made side rails necessary was left blank.
4. Observation on 3/9/25 at 2:36 p.m. of resident 9 revealed he had two quarter-length side rails in the up position at the head of his bed.
Review of resident 9's 4/28/20 Side Rail Assessment revealed the area that was to have his medical condition/symptoms that made side rails necessary was left blank.
5. Review of resident 13's 3/4/25 Side Rail Assessment revealed the area that was to have her medical condition/symptoms that made side rails necessary was left blank.
6. Observation on 3/10/25 at 8:06 a.m. of resident 21 revealed:
*She was lying in her bed with her eyes closed.
*Her bed had side rails on both sides of her bed in the up position.
Review of resident 21's electronic medical record revealed:
*She was admitted on [DATE].
*Her 1/14/25 Brief Interview of Mental Status assessment score was a 6, which indicated she had severe cognitive impairment.
*Her 3/10/25 care plan indicated:
-She was cognitively impaired.
*She was to demonstrate the appropriate use of assist bars to maintain her ability to participate in bed mobility.
Review of resident 21's 1/14/25 Side Rail Assessment revealed the area that was to have her medical condition/symptoms that made side rails necessary had documented POA requested Assist rails on bed.
7. Observation on 3/9/25 at 2:31 p.m. of resident 36 revealed she had two quarter-length side rails in the up position at the head of her bed.
Review of resident 36's 1/29/25 Side Rail Assessment revealed the area that was to indicate medical condition/symptoms that made side rails necessary had POAs request side rails documented on it.
8. Further review of resident 9's 4/28/20 Side Rail Assessment revealed the are labeled Potential risks reviewed with resident and/or significant others was left blank.
9. Further review of resident 23's 2/23/25 Side Rail Assessment revealed:
*The area to record other interventions included POA signed consent for assist bars and requests that She has them.
10. Interview on 3/11/25 at 7:54 a.m. with resident care coordinator/minimum data set coordinator H regarding resident side rail/assist bar use revealed when a resident was admitted they were to be assessed by the admitting nurse for appropriate use of side rails by completing the Side Rail Assessment.
11. Interview on 3/11/25 at 4:42 p.m. with director of nursing (DON) B, assistant DON G and administrator A regarding side rail/assist bar use revealed:
*DON B indicated consent forms should be signed by the resident or their representative.
*The Side Rail Assessment should be completed in full for each resident.
*Administrator A stated she was not able to speak to this [topic].
12. Interview and record review on 3/11/25 at 5:31 p.m. with Administrator A and DON B regarding the use of side rails revealed DON B stated the process fell apart.
13. Review of the provider's undated Bed Assist Bar Policy & Procedure revealed:
*Policy:
-Use bed assist bars to enhance resident mobility and independence.
-Make sure resident and/or representative aware of risks of bed assist bars.
-Ensure ongoing assessment and maintenance of resident bed assist bar use.
*Procedure:
-1. Prior to installation of bed assist bar, charge nurse or designee must complete Assistive Device Assessment to determine appropriateness of using bed assist bars.
-2. Decision to install bed assist bar shall be made based on the following information assessed in the Assistive Device Assessment:
--a. Determine the reason for the bed assist bar and if it is likely to [for] the resident [to] meet his or her needs.
--b. Evaluation of any bed assist bar alternatives attempted that failed to meet the resident's needs prior to use and installation and alternatives considered but not attempted because they were considered to be inappropriate.
--c. Assess the resident for risks to safety with use of bed assist bar including cognition, mobility, communication, etc.
-Bed rail/assist bar evaluation form will be completed quarterly to assess appropriateness and need for continued use.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to: *Ensure medications were labeled prop...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and policy review, the provider failed to: *Ensure medications were labeled properly for four of four random residents (3, 5, 20, and 32) related to having the pharmacy label remain with the medication and to follow the manufacturers' instructions for use-by dates.
*Ensure proper labeling and storage of medication for one of one resident (29) with a medicated ointment stored unsecured in her room.
Findings include:
1. Observation on 3/10/25 at 2:32 p.m. of the medication storage room with certified medication aide (CMA) Z revealed:
*There were three insulin pens on the top of the treatment cart.
-The pens were labeled for residents 3, 5, and 20.
*All three insulin pens had the pharmacy label attached to the removable cap.
*All three insulin pens were insulin aspart (a fast-acting insulin) and were not labeled with a date to have indicated when the pen was removed from the refrigerator for its first use or when they should have been used by.
2. Interview on 3/10/25 at 2:47 p.m. with assistant director of nursing (ADON) G revealed:
*She confirmed the insulin pens were not dated when opened to ensure they were used by or discarded according to the manufacturer's instructions for use.
*She confirmed there was a possibility the removable caps on the insulin pens could have been switched between resident's insulin pens.
-With the pharmacy labels being on the removable caps of the pens it could not be verified to only be used for the specific resident that pen was dispensed to.
*She was not aware of a resource list for medications with shortened expiration dates (a resource that indicated how long a medication could be used for once it was opened for use if it was different than the original expiration date).
3. Observation on 3/11/25 at 7:26 a.m. of the medication carts revealed:
*A bottle of Latanoprost eye drops for resident 32 was not marked with a date to indicate when the bottle was opened.
*A bottle of Latanoprost eye drops for resident 3 was not marked with a date to indicate when the bottle was opened.
4. Interview on 3/11/25 at 8:00 a.m. with certified nursing assistant/certified medication aide (CNA/CMA) K revealed:
*All medications were supposed to be dated when opened.
*She thought there was a guideline for staff to use for medications that had specific use-by dates, but she was unsure where it was located.
5. Interview on 3/11/25 at 10:36 a.m. with director of nursing (DON) B revealed:
*She was not aware there were medications that had specific use-by dates after opening.
*If insulin pens were not dated there was no way to confirm they were being used prior to the use-by date.
6. Observation and interview on 3/9/25 at 4:08 p.m. with resident 29 revealed:
*There was a container of partially used Vicks Vapor rub ointment on her bedside table in her room.
*The Vicks Vapor rub was not stored in a secure location to prevent other residents or unauthorized staff from accessing the medication.
7. Interview on 3/10/25 at 1:54 p.m. with ADON G revealed:
*Resident 29 did not self-administer medications and should not have had medications stored in her room.
*The Vicks Vapor rub may have been on the table in her room, but the night nurse puts it on her.
8. Observation on 3/11/25 at 2:26 p.m. of resident 29's room revealed:
*The Vicks Vapor rub was in the top drawer of her bedside stand.
*There was no resident name or date on the container that indicated who it was for or when it was opened.
9. Interview on 3/11/25 at 2:39 p.m. with CNA/CMA K and resident care coordinator/Minimum Data Set coordinator H revealed:
*They were not aware resident 29 had Vicks Vapor rub at her bedside.
*Vicks Vapor rub would not normally be left at a resident's bedside.
10. Review of resident 29's electronic medical record (EMR) revealed:
*She was admitted on [DATE].
*Her 3/4/25 Brief Interview of Mental Status (BIMS) assessment score was 6, which indicated severe cognitive impairment.
*She did not have a physician order for Vicks Vapor rub.
11. Interview on 3/12/25 at 1:13 p.m. with DON B revealed:
*Resident 29 should not have had Vicks Vapor rub at bedside.
*It was her expectation that medications were to be dated when opened, appropriately labeled with the resident's name, and stored securely.
Review of the provider's undated Cart Organization and Proper Medication Storage policy revealed:
*When opening any Multi-Dose container/items-they should be dated with the open date immediately.
Review of the provider's undated Medication Storage and Labeling policy revealed the following:
*Labels for multi-use vials must include:
-The date the vial was initially opened or accessed (needle-punctured);
-All opened or accessed vials should be discarded within 28 days unless the manufacturer specifies a different (shorter or longer) date for that opened vial.
-Labels for medications designed for multiple administrations (such as inhalers, eye drops), the label will identify the specific resident for whom it was prescribed.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0909
(Tag F0909)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and policy review, the provider failed to assess side rails on 13 of 13 sampled residents' beds...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and policy review, the provider failed to assess side rails on 13 of 13 sampled residents' beds (2, 3, 5, 6, 9, 13, 16, 21, 23, 24, 25, 36, and 142) routinely as a part of a safety and preventative maintenance program to ensure those side rails were in good working order and safe from possible resident entrapment or injury. Findings include:
1. Observation on 3/9/25 at 2:31 p.m. of resident 36 revealed she had two quarter-length side rails in the up position at the head of her bed.
2. Observation on 3/9/25 at 2:32 p.m. of resident 24 revealed she had two quarter-length side rails in the up position at the head of her bed.
3. Observation on 3/9/25 at 2:36 p.m. of resident 9 revealed he had two quarter-length side rails in the up position at the head of his bed.
4. Observation on 3/9/25 at 3:42 p.m. of resident 5 revealed she had two quarter-length side rails in the up position at the head of her bed.
5. Observations on 3/9/25 between 3:48 p.m. and 5:30 p.m. and on 3/10/24 between 8:12 a.m. and 11:00 a.m. of sampled resident rooms revealed 2, 3, 5, 6, 9, 13, 16, 21, 23, 24, 25, 36, and 142 had quarter-length side rails on one or both sides of their beds.
6. Interview on 3/11/25 at 3:09 p.m. with maintenance director F regarding safety and preventative maintenance of side rail on residents' beds revealed:
*The physical therapists initiated the use of side rails for residents.
*He was aware of one bed with side rails attached, the bed in room [ROOM NUMBER].
-That resident was not an identified sampled resident.
-That resident had purchased his own bed, and it had a box spring and metal frame, and on 5/2/24 maintenance director F had installed side rails on that bed.
-He monitored only that residents' bed and the side rails attached to it monthly for safety.
*He thought all other residents' beds with side rails in the up position were for the remote of the electronic bed.
*He was not aware the other residents' beds with side rails attached were being assessed by the nursing staff for use as side rails.
-He had not performed safety and preventative maintenance of side rails for any other residents' beds with side rails to ensure they were appropriately secured and in safe working order to prevent injuries.
7. Review of the provider's Transfer Bar/Bed Rail Maintenance Log revealed:
*The form included areas to be documented in as: date, Room # [number] Monitored, Date Repairs Done, Comments, and Initials.
-The first date on the form was on 5/2/24 with Room # Monitored as #11-2, Date Repairs Done 5-2 installed, Comments included will check quarterly and the Initials of [maintenance director F].
Review of the provider's undated Bed Assist Bar Policy & Procedure revealed:
*Policy:
-Ensure ongoing assessment and maintenance of resident bed assist bar use.
*Procedure:
-4. Initial actions to prevent deaths and injuries from entrapment and/or falls from bed assist bars:
--a. Ensure bed dimensions are appropriate for resident.
--b. Confirm that the bed rails to be installed are appropriate for the size and weight of the resident using the bed.
--c. Check with the manufacturer(s) to make sure the bed assist bar, mattress, and bed frame are compatible.
--d. Install bed assist bars using the manufacturer's instructions and specifications to ensure a proper fit.
-5. Inspect and regularly check the mattress and bed assist bar for areas of possible entrapment.
--a. Regardless of mattress width, length, and/or depth, the bed frame, bed assist bar, and mattress should leave no gap wide enough to entrap a resident's head or body.
--b. Check bed assist bars regularly to make sure they are still installed correctly as bars may shift or loosen of loosen over time.
--c. Follow manufacturer equipment alerts and recalls.
--d. Conduct routine preventative maintenance of beds and bed assist bars to ensure they meet current safety standards and are not in need of repair.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0725
(Tag F0725)
Could have caused harm · This affected most or all residents
Based on interview, Payroll Based Journal (PBJ) record review, employee timecard review, and policy review, the provider failed to ensure licensed nursing coverage for 24 hours a day for three federal...
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Based on interview, Payroll Based Journal (PBJ) record review, employee timecard review, and policy review, the provider failed to ensure licensed nursing coverage for 24 hours a day for three federal fiscal quarters (Quarter 2, 1/1/24 through 3/31/24; Quarter 3, 4/1/24 through 6/30/24; and Quarter 4, 7/1/24 through 9/30/24).
Findings include:
1. Interview on 3/9/25 at 2:08 p.m. with business office manager C during the entrance conference revealed the provider did not have any licensed nurse staffing waivers.
2. Interview on 3/9/25 at 3:42 p.m. with resident 5 revealed she had been told by staff members on multiple occasions they were short of nurses.
3. Review of the PBJ records submitted to the Center for Medicare and Medicaid Services (CMS) revealed the provider submitted the following for licensed nursing coverage not being covered 24 hours per day for:
*Quarter 2, 2024 for 34 days.
*Quarter 3, 2024 for 11 days.
*Quarter 4, 2024 for 30 days.
4. Review of the provider's employee timecards revealed:
*For Quarter 2, 2024; 24-hour licensed nursing coverage was unable to be verified on 1/1, 1/10, 1/11, 1/12, 1/31, 2/1, 2/2, 2/3, 2/9, 2/20, 2/24, 2/27,3/6, 3/7, 3/12, 3/13, 3/19, 3/20, 3/25, and 3/28.
*For Quarter 3, 2024; 24-hour licensed nursing coverage was unable to be verified on 4/6, 4/13, 4/17, 5/27, and 6/21.
*For Quarter 4, 2024; 24-hour licensed nursing coverage was unable to be verified on 7/13, 8/14, 8/22, 8/23, 8/24, 8/28, 8/29, 9/18, 9/19, 9/20, 9/21, 9/22, 9/25, and 9/27.
5. Interview on 3/10/25 at 6:03 p.m. with business office manager C regarding PBJ data submission revealed:
*She was aware the PBJ reports indicated there were days of not having 24-hours of licensed nursing coverage.
*She did not know how there was missing data because she always got an indicator that 100% of the information was submitted and every report had been accepted.
*She stated she entered the travel staff manually into PBJ and the other staffs' times were pulled in from their timecards.
Review of the provider's undated Nursing Staffing and Posting policy revealed The facility is required to provide licensed nursing staff 24 hours a day (except when waived), along with other nursing personnel, including but not limited to nurse aides.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0727
(Tag F0727)
Could have caused harm · This affected most or all residents
Based on Payroll Based Journal (PBJ) reports, interview, staff timecard review, and policy review, the provider failed to ensure:
*A registered nurse (RN) had been scheduled for eight consecutive hour...
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Based on Payroll Based Journal (PBJ) reports, interview, staff timecard review, and policy review, the provider failed to ensure:
*A registered nurse (RN) had been scheduled for eight consecutive hours of coverage for four days in quarter two (January 1 through March 31) of fiscal year 2024.
*There was a full-time director of nursing (DON) for 16 randomly selected weeks between July and December 2024.
1. Interview on 3/9/35 at 2:08 p.m. with business office manager (BOM) C during the entrance conference revealed:
*The provider did not have any nurse staffing waivers.
*She stated the DON worked 36 hours per week.
*The DON was paid hourly.
2. Review of the RN staff timecards for fiscal year 2024 revealed:
*The DON timecard for 2/3/24 was not produced by the provider to verify hours worked.
*RN coverage for eight consecutive hours could not be verified for 1/13/24, 1/14/24, and 2/17/24.
3. Interview on 3/11/25 at 6:00 p.m. with administrator A revealed:
*The Minimum Data Set (MDS) nurse was scheduled from 8:00 a.m. to 5:00 p.m. Monday through Friday during quarter two of fiscal year 2024.
*She was salaried.
*The MDS nurse was a RN and would be considered to cover the requirement for an RN eight consecutive hours per day on the days she worked.
*There was no RN scheduled for eight consecutive hours on 1/13/24, 1/14/24, and 2/17/24.
*DON B had worked on 2/3/24.
4. Interview on 3/12/25 at 7:47 a.m. with administrator A revealed she thought DON B worked between 36 and 40 hours per week.
Review of DON B's timecards revealed during 16 weeks of randomly selected timecards between July and December 2024, DON B averaged 23.125 hours per week.
Review of the provider's undated Nursing Staffing and Posting policy revealed, The facility must use the services of a registered nurse for at least 8 consecutive hours a day, 7 days a week.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Information
(Tag F0732)
Could have caused harm · This affected most or all residents
Based on observation, interview, and record review, the provider failed to post the required daily nurse staffing information in a prominent location that was readily accessible to residents and visit...
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Based on observation, interview, and record review, the provider failed to post the required daily nurse staffing information in a prominent location that was readily accessible to residents and visitors and to include the actual hours worked of nursing staff.
Findings include:
1. Observation 3/12/25 at 8:00 a.m. of the posted nurse staffing information revealed:
*It was posted on a board near the nurse's station.
*It would not be readable to a resident or visitor in a wheelchair at the height it was posted.
*There were three categories of staff listed on the sheet: RN (registered nurse), LPN (licensed practical nurse), and CNA (certified nursing assistant).
*Under the LPN and CNA category the number of those staff scheduled for the day was listed by shift.
*There were no numbers listed under the RN category.
*There were no documented actual hours worked on the form for the nursing staff.
2. Interview on 3/12/25 at 8:54 a.m. with director of nursing (DON) B about posting the daily staffing revealed:
*CNA/certified medication aide (CMA) K was responsible for developing the schedule.
*CNA/CMA K would then transfer information from the schedule onto a daily assignment sheet.
*The night nurse would use the daily assignment sheet to fill out the daily staffing sheet for the following day and would post it in the morning on the board at the nurse's station.
*DON B was unaware that actual hours worked by each nursing discipline should have been listed on the posted staffing sheet according to the requirements.
*She stated that was an old form and it needed to be updated to include a column for recording actual hours worked of nursing staff.
3. Review of the provider's undated Nursing Staffing and Posting Policy revealed:
*Posting of Staffing
-It is the policy of [provider] to make nurse staffing information readily available in a readable format to residents, staff, and visitors at any given time.
-The nurse staffing will be posted daily and will contain the following information:
--Facility Name
--The current date
--Facility's current resident census
--The total number and the actual hours worked by the following categories of licensed and
unlicensed nursing staff directly responsible for resident care per shift:
---Registered Nurses
---Licensed Practical Nurses/Licensed Vocational Nurses
---Certified Nurse Aides
-The information posted will be:
--Presented in a clear and readable format.
--In a prominent place readily accessible to residents, staff, and visitors.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
Could have caused harm · This affected most or all residents
Based on observation, record review, interview and policy review, the provider failed to follow their policies for controlled medications (medications with risk for abuse, addiction, and potential the...
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Based on observation, record review, interview and policy review, the provider failed to follow their policies for controlled medications (medications with risk for abuse, addiction, and potential theft) to ensure accurate and complete documentation for those medications related to their receipt, counts, administration details including the dates given and the resident names, and destruction process.
Findings include:
1. Observation on 3/10/25 at 2:07 p.m. of the North wing medication cart revealed:
*There was a three-ring binder labeled North Narcotic Binder on top of the medication cart that contained:
-A March 2025 CONTROLLED DRUG COUNT RECORD.
--That form had two columns for nurse initials labeled NURSE ON and NURSE OFF and rows numbered 1 through 31 which indicated days of the month.
--There were no nurse initials for two nurses on 3/1/25 and 3/2/25 and only one nurse on 3/4/25.
-Multiple forms labeled CONTROLLED DRUG RECORD Individual Patient's Narcotic Record.
--Those forms included areas for the resident's name, medication name and strength, directions for administration of the medication, doctor, pharmacy, who the medication was received by, date received, and time received.
*Those forms did not have a pharmacist signature and had only one signature of the individual who received the medication.
2. Observation on 3/10/25 at 2:11 p.m. of the three-ring binder labeled West Narcotic Binder on the west wing medication cart revealed:
*The binder was set up the same as the North Narcotic Binder.
*The [NAME] March 2025 Controlled Drug Count Record had no nurse initials for two nurses on 3/1/25 and 3/2/25 and one nurse on 3/11/25.
*One Individual Patient Record belonged to resident 35, who had discharged from the facility on 3/9/25 and indicated:
-30 tablets of Tramadol (a controlled pain medication) 50 milligrams (mg) received on 7/16/24.
-The Tramadol had been signed out for administration to resident 17 three times, according to staff signatures and the medication count.
-There were no dates documented for the three times the medication was removed for administration.
3. Observation and interview on 3/10/25 at 2:20 p.m. with Certified Medication Aide (CMA) Z revealed:
*She entered the facility with a pharmacy bag that contained residents' prescription medications.
-One of those medications was Morphine (a controlled pain medication) solution (liquid form).
*She obtained a blank Individual Patient's Narcotic Record from the nurse's station and wrote the prescription information on the form.
*She signed that she received the medication, dated it 3/10/25 and identified she received 30.
-She did not identify if the 30 indicated tablets, milliliters, ounces, etc.
*She then placed that Individual Patient's Narcotic Record in the North Narcotic Binder and put the Morphine in a locked compartment in the North medication cart.
*She stated that she had gone to the pharmacy and picked up the medications for the newly admitted resident.
*CMAs or nurses were to complete the Individual Patient's Narcotic Record when the medication was received from the pharmacy and put the form in the appropriate medication cart's binder.
*She did not confirm the quantity of the morphine with another nurse or CMA.
*The controlled drug count record was a different form used by staff to document who counted the controlled medications when they came on and went off their shifts to confirm counts of all controlled medications.
*She indicated that the nurses worked from 6:00 a.m. to 6:00 p.m. and the nurse going off duty would count the controlled medications with the nurse coming on and document the counts on the controlled drug count record form.
*The CMAs worked 7:00 a.m. to 5:00 p.m. so they would count with the nurse on duty when the CMAs arrived and when they left.
*She verified there were not enough columns on the form to document all the controlled medication counts based on the changes in staff as she described.
*She stated that sometimes the nurse and CMA would double sign in a column, but that did not always happen.
*She verified she had already initialed for the 3/10/25 5:00 p.m. controlled medication count record which was prior to the count occurring.
*She verified that there were three staff's initials documented for the 3/11/25 controlled medication count but the current date was 3/10/25.
4. Observation and interview on 3/10/25 at 2:32 p.m. with CMA Z in the medication storage room revealed:
*The controlled medications stored in the medication storage room were to be counted by the nurses when they came on and went off their shifts.
*The controlled medications stored in the medication storage room included:
-Stock controlled medications.
-Residents' controlled medication cards, when the pharmacy dispensed more than one card. The cards not in use would be stored in the medication room until it was needed.
*The Controlled Drug Count Record for the medication storage room was set up the same as the medication carts.
*The March 2025 Med Rm [medication room] Controlled Drug Count Record had no nurse initials for two nurses on 3/1/25, 3/2/25, 3/4/25, 3/7/25, one nurse on 3/10/25.
5. Review of the stock-controlled medication cards and the Individual Patient's Narcotic Record with CMA Z in the medication storage room on 3/10/25 at 2:40 p.m. revealed:
*The Individual Patient's Narcotic Records identified the name of the medication and the dose. In the location designated for a resident's name was stock or Five Counties Stock.
*There was card of Tramadol 50 mg (milligrams).
-The card was received on 1/3/24 with 10 tablets.
-There were six doses removed and signed out to be administered.
--One of those doses did not indicate which resident it was removed for.
--Four doses did not include the year the medication was removed for administration.
*There were two cards of oxycodone (a controlled pain medication)10 mg.
-Oxycodone card one was received on 3/6/23 with 16 tablets.
--Nine doses documented as removed for administration did not indicate which resident it was for.
--Four doses removed for administration did not include the year the medication was removed.
--Two half-tablet documented destructions did not contain a second signature to indicate a licensed staff member witnessed the destruction.
--Two times a CMA was identified as being the witness of the controlled medication destruction.
-Oxycodone card two was received on 7/26/24 with 16 tablets.
--One half-tablet was removed for administration with no documentation of what was done with the remaining half tablet.
--There was one removal for administration that documented the other half was put in lock box for next admin [administration].
--Six administrations did not identify the resident the medication was removed for.
-One time a CMA was identified as being the witness of controlled medication destruction.
*There were three cards of lorazepam (a controlled anti-anxiety medication) 0.5 mg.
-Lorazepam card one was received on 12/30/22 with 16 tablets.
--One dose removed did not identify which resident it was administered to.
--Four times a half tab was administered without documentation of where or how the remaining portion of the tablet was stored for the next administration.
--Fifteen of fifteen of the documented removals for administration did not contain a year the medication was removed.
-Lorazepam card two was received on 12/30/24 with 16 tablets.
--Two of two removals for administrations had not identified the resident the medication was removed for.
-Lorazepam card three did not have an Individual Patient's Narcotic Record. There was a plain white sheet of paper that had handwritten notes of Controlled Drug Record for Lorazepam 0.5 mg tablets Total 16 verified by with a signature following.
--There was no date to indicate when the lorazepam was received.
*There was an opened bottle of liquid lorazepam 2 mg/ml (milligrams per milliliter).
-30 ml was documented as received on 2/20/24.
-14 doses had been removed from the bottle.
-There were three different residents identified that the lorazepam had been removed for.
-Two doses did not indicate the resident the medication was removed for.
6. Review of the provider's February 2025 Controlled Drug Count Records revealed:
*The [NAME] wing Controlled Drug Count Records had a squiggly line drawn through the documentation areas:
-For three nurses' initials on 2/3/25.
-For one nurses' initials on 2/13/25, 2/14/25, and 2/15/25.
-For two nurses' initials on 2/30/25.
*The medication room Controlled Drug Count Record had a squiggly line drawn through the areas for documentation for three nurses on 2/4/25 and two nurses on 2/9/25.
7. Observation and interview on 3/10/25 at 2:47 p.m. with assistant director of nursing (ADON) G in the medication storage room revealed:
*She verified there were missing staff signatures on the March 2025 medication room's Controlled Drug Count Record.
*The Individual Patient's Narcotic Records for the stock medications should have indicated which resident the medications were removed for.
*She verified there were missing resident identifiers on the Individual Patient's Narcotic Records.
*She expected the date the controlled medication was removed from the medication room for administration to be documented in the Individual Patient's Narcotic Records.
*She stated that any nurse or CMA could check-in medications when they were received, including controlled substances.
*The opened bottle of stock liquid lorazepam in the medication room did not have a date to indicate when it was opened.
8. Interview on 3/11/25 at 4:37 p.m. with consultant pharmacist N revealed:
*His role in the facility included managing medication profiles, controlled medication disposal, and to answer staffs' medication related questions.
*The provider received residents' medications from a local pharmacy.
*It was his expectation that each resident's individual controlled drug record be initiated by the pharmacy dispensing the medication and it was to be sent with the medication to the facility.
*He expected controlled medications be delivered by a pharmacist or picked up by a licensed nurse to ensure control and accountability of those high-risk medications.
*It was his expectation that the controlled medications be counted at each shift change by the person coming on a shift with the person leaving a shift.
*The signatures on the Controlled Drug Count Record would indicate the controlled medication counts had been completed and the counts were accurate.
*He indicated the use of a stock supply of controlled medications should not be the process.
-Each card of controlled medications should have been assigned to a specific resident because a hard copy physician prescription would be needed to dispense and administer the medication to the resident.
*He expected that if a half-tablet of a controlled medication was unused it would have been wasted and documented as wasted by a licensed nurse or pharmacist.
9. Interview on 3/12/25 at 1:13 p.m. with director of nursing (DON) B revealed:
*When a resident's-controlled medication was discontinued and was to be destroyed, she and consultant pharmacist N would reconcile the count of the controlled medication and document the medication to be destroyed.
*Consultant pharmacist N destroyed the medications.
*She did not watch the actual destruction of the controlled medications by consultant pharmacist N.
*She thought the Individual Patient's Narcotic Record was initiated at the pharmacy.
*It was her expectation that two staff verify the receipt of controlled medications and both sign the form in verification of that for an accurate count.
*It was her expectation that the controlled medications be counted between each shift by the incoming and off going staff members.
*The signatures on the Controlled Drug Count Record would indicate the counts were completed and accurate.
*She would expect to be notified if there was an issue in the controlled drug counts.
*She agreed there was no column on the Controlled Drug Count Record to account for the controlled medication count with the CMAs.
*It was her expectation that two people witness the destruction of the controlled medications.
*She would expect a date to be documented when controlled medications were removed for administration.
10. Review of the provider's undated Medication Management Policy revealed the following:
*If breaking tablets is necessary to administer the proper dose ., the following guidelines are followed:
-c. If using only one-half of the tablet from a unit dose package, the remainder is disposed of if not used within 24 hours according to facility procedure. If in a vial the half-tablet is returned to the vial.
-Medications supplied for one resident are never administered to another resident.
Review of the provider's undated Pharmacy Services policy revealed the following:
*The facility will provide pharmaceutical services to include procedures that assure [ensure] the accurate acquiring, receiving, dispensing, and administering of all routine and emergency drugs and biologicals to meet the needs of each resident, are consistent with state and federal requirements, and reflect current standards of practice.
*The facility in coordination with the licensed pharmacist, will provide for:
-a. A system of medication records that enables periodic accurate reconciliation and accounting for all controlled medications;
-b. Prompt identification of loss of or potential diversion of controlled medications; and
-c. Determination of the extent of loss or potential diversion of controlled medications.
*The facility will maintain a limited supply of medications for emergency or after-hours situations in accordance with facility policy and applicable state laws.
*The pharmacist, in collaboration with the facility and medical director, may include other aspects of pharmaceutical services such as:
-a. Development of procedures and guidance in relations to medication issues and/or adverse effects;
-b. Development of processes for receiving, transcribing or recapitulation of medication orders;
-c. Interaction with the quality assessment and assurance committee to develop procedures and evaluate pharmaceutical services.
Review of the provider's undated Proper Storage, Usage and Documentation of Narcotics (controlled medications)-policy revealed the following:
*When a narcotic is being accepted, please verify the correct drug and amount. The nurse who accepts the medication should add the count sheet to the narcotic book, notating the date and the time, along with any other needed documentation.
*Access to narcotics is to be by a licensed staff and Director of Nursing ONLY! Scheduled II Narcotics are to be kept locked in a separate are from non-scheduled drugs such as the lock box. Refrigerated scheduled II Narcotics should be stored and locked separately.
*Narcotics are to be counted every shift by nursing staff (AM, PM, NOC). They should not be assumed all accounted for, therefore the nurse going off her shift and the nurse coming on shift should count together and then sign that all narcotics are accounted for.
*When administering narcotics the following should be done:
-After pouring the narcotic, the count should be signed and verified for accurate county [count]. Signing the count sheet does not mean you gave the medication. It is only showing that the count is correct.
-Any refused narcotics that have been poured should not be taped back into the card but should be wasted and disposed of properly.
-There should always be a count sheet for ALL NARCOTICS. If one was not sent from the pharmacy, it can be requested. All count sheets should be used properly, and counts should be accurate. When they are complete the count sheet should be sent to medical records and kept for 3 years.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected most or all residents
Based on observation, record review, interview, and policy review, the provider failed to follow standard food safety practices to ensure:
*The mechanical dishwashers, refrigerator, and freezer temper...
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Based on observation, record review, interview, and policy review, the provider failed to follow standard food safety practices to ensure:
*The mechanical dishwashers, refrigerator, and freezer temperatures were monitored and logged according to their policy.
*Single-use food containers were not used to store leftover food.
*Clean dishes were not stored on frayed cloth towels.
Findings include:
1. Observation on 3/9/25 at 1:59 p.m. in the kitchen revealed the posted dishwasher temperature log for March 2025 was not completed for 3/4/25 through 3/7/25 and 3/9/25.
*The dishwasher temperature logs for January, February, and March 2025 had no temperatures documented on 36 of 67 days.
*The freezer temperature logs for February and March 2025 had no temperatures documented on 15 of 36 days for two of two freezers.
*The walk-in cooler temperature logs for February and March 2025 had no documented temperatures on 8 of 36 days.
*The satellite kitchen refrigerator/freezer temperature logs for February and March 2025 had no temperatures documented on 7 of 31 days.
Interview on 3/11/25 at 4:40 p.m. with dietary manager (DM) D revealed:
*She confirmed the logs were not complete.
*She stated they were working on a new process for the temperature logs.
*She agreed they were not monitoring and recording temperatures according to their policy.
Review of the provider's 1/27/25 Dishwashing Machine Use policy revealed:
*Temperature Records
-The operator will check temperatures using the machine gauge with each dishwashing cycle, and will record the temperatures in a facility approved log.
Review of the provider's 1/8/25 Refrigerator policy revealed:
*Temperatures will be taken twice a day according to staff assignment.
*Staff will record the temperature on a chart.
Interview on 3/11/25 at 4:54 p.m. with administrator A regarding monitoring temperatures of dishwashers, freezers, walk-in coolers, and the satellite kitchen revealed:
*She confirmed there were days the temperatures had not been logged.
-She would have expected those to be completed and logged.
*She confirmed their policies for monitoring the temperatures of dishwashers, freezers, walk-in coolers, and the satellite kitchen were not being followed.
2. Observation on 3/9/25 at 2:05 p.m. in the kitchen revealed:
*The walk-in freezer contained several single-use containers with food items labeled with masking tape which included:
-Two margarine containers labeled pork roast.
--There was no date written on the masking tape.
-A cottage cheese container labeled beef juice 2/17.
-A margarine container labeled beef juice 2/28.
-A vanilla ice cream container labeled chocolate chip cookies 3/3.
*The walk-in refrigerator contained single-use containers with food items that were labeled with masking tape which included:
-A sour cream container covered with cellophane that contained grapes.
-A cottage cheese container labeled peaches 3/9.
-A cottage cheese container labeled applesauce 3/4.
-An additional seven other single-use containers labeled with leftover food items that were dated.
Observation on 3/9/25 at 5:28 p.m. in the dining room revealed that single-use containers were being used to serve leftover food to residents in the dining room.
Interview on 3/11/25 at 11:36 a.m. with DM D about single-use containers revealed:
*She confirmed the containers were single-use containers and should not have been used to store leftover food items.
*She stated she would re-educate staff on not using single-use containers to store leftovers.
Interview on 3/11/25 at 4:51 p.m. with administrator A revealed she was aware that single-use containers were being used for leftover food storage and serving. Those single-use containers should not have been used.
Review of the Administrative Rules of South Dakota (ARSD) 44:02:07:43 revealed:
Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food. Under normal use conditions materials must be safe; durable; corrosion-resistant; nonabsorbent; sufficient in weight and thickness to withstand repeated warewashing; finished to have a smooth, easily cleanable surface; and resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.
Review of the provider's 1/28/25 Refrigerator Policy revealed:
*It is the intent of [provider] that our residents enjoy a home like atmosphere. We also take all measures to make sure the food they enjoy is safely stored.
-The policy did not address food storage containers.
3. Observation on 3/9/25 at 2:57 p.m. of the kitchen revealed:
*A stainless-steel table was located at the clean end of the area of the dishwasher. On that stainless-steel table was the following:
-A cloth towel that had frayed edges with two coffee carafes and a glass sugar dispenser with no lid stored upside down it.
-There were what appeared to be water calcium spots on that table around the cloth towel.
Observation on 3/11/25 at 11:29 a.m. in the kitchen revealed two frayed wet bath towels on a stainless-steel table with three empty ice-cream buckets and an empty glass sugar dispenser and the lid for it lying on top of the towels.
-There was a clear liquid on the stainless counter that appeared to be water.
Interview on 3/11/25 at 11:36 a.m. with DM D regarding the above observations revealed:
*Towels were placed on the stainless-steel table to keep the water from the wet dishes from dripping onto the floor.
-She agreed the towels were wet and would not have allowed the dishes to air dry.
Interview on 3/11/25 at 4:59 p.m. with administrator A regarding the use of cloth towels in the kitchen revealed she was not aware that cloth towels should not have been used to store wet dishes on.
Review of the Food and Drug Administration Food Code 2022 revealed:
*Equipment and Utensils, Air-Drying Required. After cleaning and SANITIZING, EQUIPMENT and UTENSILS:
-Shall be air-dried or used after adequate draining
-May not be cloth dried except that UTENSILS that have been air-dried may be polished with cloths that are maintained clean and dry.
Review of the ARSD for Lodging and Food Service revealed:
*Cleaned equipment and utensils must be stored as follows:
-In a clean, dry location;
-Where they are not exposed to splash, dust, or other contamination;
-In a self-draining position that permits air drying; and
-Either covered or inverted.
*After sanitizing, equipment and utensils must be air-dried or may be used after adequate draining.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Administration
(Tag F0835)
Could have caused harm · This affected most or all residents
Based on observation, interview, record review, policy review, and job description review, the provider failed to ensure the facility was operated and administered by administrator A, director of nurs...
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Based on observation, interview, record review, policy review, and job description review, the provider failed to ensure the facility was operated and administered by administrator A, director of nursing (DON) B, and assistant director of nursing (ADON) G, in a manner that ensured quality of life and overall well-being for all 39 residents in the facility.
Findings include:
1. Observations, interviews, record reviews, and policy reviews throughout the survey on 3/9/25 from 1:00 p.m. through 6:00 p.m., 3/10/25 from 7:30 a.m. through 6:15 p.m., 3/11/25 from 7:00 a.m. through 6:00 p.m., and 3/12/25 from 7:30 a.m. through 5:30 p.m., revealed administrator A, DON B, and ADON G, had not ensured the management, safety, quality of life, and overall well-being of all the residents who lived in the facility. Those were evidenced by:
*A widespread system breakdown to ensure services provided:
-Met professional standards as it pertained to:
--Medication administration and storage.
--Addressing and notifying the physician of the significant weight loss for one resident (36).
--Identifying and addressing low blood sugars for one diabetic resident (5).
-Met the requirements for sufficient nursing staff including:
--Full-time DON.
--Registered nurse coverage for eight hours each day.
--Twenty-four-hour licensed nurse coverage.
--The daily posting of nurse staffing.
-Addressed trauma informed care.
-Monitored for appropriate temperatures of mechanical dishwashers, refrigerators and freezers in the kitchen.
-Addressed appropriate storage of leftover food.
-Allowed for residents' and their representatives' right to make informed decisions and choices about important aspects of residents' health, safety, and welfare related to binding arbitration agreements to resolve disputes.
-Included providing a written summary of the baseline care plan within 48 hours of a resident's admission.
-Included a preventative maintenance program for the safe use of resident side rails.
*Ensuring the proper Medicare notices were completed accurately for three residents (10, 33, and 41) prior to their discharge from Medicare Part A skilled services.
*Responding to a resident's (5) concern with a staff member, certified nursing assistant R.
*Ensuring privacy and signage had been maintained for two residents (9 and 21) with audio/video monitoring devices in their rooms.
*Implementing an effective performance improvement plan and quality assurance program.
2. Review of the provider's undated job description for the administrator revealed:
*Summary: Administers, directs and coordinates all activities of the care center to carry out its objectives as to the care of the individuals who need nursing care .
*Essential Duties included:
-Coordinates and integrates the total overall program of the facility.
-Make sure residents are meeting their highest level of professional care needed.
-Develops and monitors all departments within the facility to meet the standards put forth by the governing board, management, and state and federal regulations.
Review of the provider's 10/30/15 job description for the director of nursing revealed:
*Summary: This individual directs the licensed and non-licensed staff who provide health care and nursing services to residents of the facility. The Director of Nursing's primary responsibility is to ensure the provision of quality nursing care on a 24-hour basis to the residents of the care center in accordance with Federal, State and Local standards and regulations.
*Essential Duties included:
-Monitors the staffing levels of various nursing sections .
-Develops and directs nursing services objectives, policies and procedures.
-Assures that there is compliance with the regulations pertaining to care plans and resident assessments.
-Collaborates with outside providers such as . pharmacy companies to enhance the quality of care for the residents.
Refer to F582, F583, F610, F655, F658, F699, F700, F725, F727, F732, F755, F761, F812, F847, F865, and F909.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0837
(Tag F0837)
Could have caused harm · This affected most or all residents
Based on observations, interviews, record reviews, and policy reviews, the governing body failed to ensure the facility was operated in a manner that ensured the safe management and overall well-being...
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Based on observations, interviews, record reviews, and policy reviews, the governing body failed to ensure the facility was operated in a manner that ensured the safe management and overall well-being for all 39 residents in the facility.
Findings include:
1. During the survey on 3/9/25 from 1:00 p.m. through 6:00 p.m., 3/10/25 from 7:30 a.m. through 6:15 p.m., 3/11/25 from 7:00 a.m. through 6:00 p.m., and 3/12/25 from 7:30 a.m. through 5:30 p.m., it was identified that the provider had not operated in a manner to ensure residents received quality care. Administrator A had not been assisted with her duties to ensure she was able to effectively provide guidance to staff to be able to provide quality care. Those were evidenced by:
*A widespread system breakdown to ensure services provided:
-Met professional standards as it pertained to:
--Medication administration and storage.
--Addressing and notifying the physician of the significant weight loss for one resident (36).
--Identifying and addressing low blood sugars for one diabetic resident (5).
-Met the requirements for sufficient nursing staff including:
--Full-time DON.
--Registered nurse coverage for eight hours each day.
--Twenty-four-hour licensed nurse coverage.
--The daily posting of nurse staffing.
-Addressed trauma informed care.
-Monitored for appropriate temperatures of mechanical dishwashers, refrigerators and freezers in the kitchen.
-Addressed appropriate storage of leftover food.
-Allowed for residents' and their representatives' right to make informed decisions and choices about important aspects of residents' health, safety, and welfare related to binding arbitration agreements to resolve disputes.
-Included providing a written summary of the baseline care plan within 48 hours of a resident's admission.
-Included a preventative maintenance program for the safe use of resident side rails.
*Ensuring the proper Medicare notices were completed accurately for three residents (10, 33, and 41) prior to their discharge from Medicare Part A skilled services.
*Responding to a resident's (5) concern with a staff member, certified nursing assistant R.
*Ensuring privacy and signage had been maintained for two residents (9 and 21) with audio/video monitoring devices in their rooms.
*Implementing an effective performance improvement plan and quality assurance program.
Refer to F582, F583, F610, F655, F658, F699, F700, F725, F727, F732, F755, F758, F761, F812, F835, F847, F848, F851, F865, and F909.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0847
(Tag F0847)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interview, and Arbitration Agreement review, the provider failed to ensure seven of thirteen sampled res...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, interview, and Arbitration Agreement review, the provider failed to ensure seven of thirteen sampled residents (13, 21, 23, 24, 25, 36, and 142) and three of three recently admitted residents (38, 39, and 142) who had entered into an Arbitration Agreement upon admission to the facility:
*Were not required to sign a binding arbitration agreement as a condition of admission to receive care at the facility.
*Were explained the arbitration agreement in a form and manner including a language that the resident or his/her representative understood.
*Were explicitly granted the right to rescind the agreement within 30 calendar day of signing it.
Findings include:
1. Record review on 3/10/25 at 1:00 p.m. of the Resident List Report printed at 12:10 p.m. that day by administrator A revealed:
*The report listed forty residents which included thirty-nine residents in the facility and one resident who was hospitalized .
*A handwritten note by administrator A that indicated All residents have a signed arbitration agreement. No active disputes.
2. Interview on 3/10/25 at 4:28 p.m. with resident 38 in his room regarding the Arbitration of Disputes admission agreement addendum he had signed on 2/13/25 revealed:
*He did not recall signing any admission documents and asked if he had signed it or one of his kids?
*After showing him a copy of the signed one-page Arbitration of Disputes and asking him if he remembered signing that document he stated Not at all.
-After reviewing his signature, he agreed he had signed that agreement.
-He could not remember what the agreement was about.
Review of resident 38's electronic medical record (EMR) revealed:
*He was admitted on [DATE].
*His 2/13/25 admission agreement was signed by resident 38, his son/durable power of attorney (DPOA)/DPOA healthcare (DPOA-HC), and administrator A.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 2/13/25 that was signed by the resident.
--The resident's son/DPOA/DPOA-HC had not signed this agreement.
*His 2/18/25 brief interview for mental status (BIMS) assessment score was 12, which indicated his cognition was moderately impaired.
3. Review of resident 142's EMR revealed:
*She was admitted on [DATE].
*Her 3/3/25 admission agreement was signed by her daughter/DPOA/DPOA-HC, and social services director (SSD) E.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 3/3/25 that was signed by the resident's daughter/DPOA/DPOA-HC.
*Her 3/4/25 BIMS assessment score was 14, which indicated she was cognitively intact.
Phone interview on 3/10/25 at 4:50 p.m. with resident 142's daughter/DPOA/DPOA-HC regarding the Arbitration of Disputes admission agreement addendum she had signed on 3/3/25 revealed she:
*Could not recall understanding the arbitration process and stated:
-She would discuss anything that wasn't right with the provider.
-I didn't think we were totally giving up the right to litigate in a court proceeding.
*Had No idea [what she was signing] as that was a very stressful day.
*Could not remember if her right to terminate or withdraw from the agreement within 30 days of signing had been discussed.
*Stated admitting her mother to the facility had been a long day and there was a lot of paperwork.
4. Review of resident 39's EMR revealed:
*She was admitted on [DATE].
*Her 2/26/25 admission agreement was signed by her daughter/DPOA/DPOA-HC, and SSD E.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 2/26/25 that was signed by the resident's daughter/DPOA/DPOA-HC.
*Her 3/4/25 BIMS assessment score was 13, which indicated she was cognitively intact.
Phone interview on 3/10/25 at 5:04 p.m. with resident 39's daughter/DPOA/DPOA-HC regarding the Arbitration of Disputes admission agreement addendum she had signed on 3/3/25 revealed she:
*Was at work, but was able to answer a few questions.
*Could not recall what the arbitration agreement was about.
*Felt it was a form that needed to be signed.
5. Review of resident 25's EMR revealed:
*He was admitted on [DATE].
*His 8/29/24 admission agreement was signed by his niece/responsible party and SSD E.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 8/29/24 that was signed by the resident's niece/responsible party.
*His 9/5/24 BIMS assessment score was 8 which indicated his cognition was moderately impaired.
6. Review of resident 13's EMR revealed:
*She was admitted on [DATE].
*Her 11/27/24 admission agreement was signed by her son/DPOA/DPOA-HC, and SSD E.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 11/27/24 that was signed by the resident's son/DPOA/DPOA-HC.
*Her 12/3/24 BIMS assessment score was 12 which indicated her cognition was moderately impaired.
7. Review of resident 36's EMR revealed:
*She was admitted on [DATE].
*Her 1/28/25 admission agreement was signed by her daughter/DPOA and SSD E.
-The admission Agreement Addendum included the one-page Arbitration of Disputes dated 1/28/25 that was signed by the resident's daughter/DPOA.
*Her 2/4/25 BIMS assessment score was 7 which indicated her cognition was severely impaired.
8. Interview on 3/10/25 at 5:10 p.m. with SSD E regarding the one-page Arbitration of Disputes form revealed:
*The form was included in the admission agreement binder that included the paperwork the resident and/or representative signed upon admission.
*She had not had anyone refuse to sign it.
*She had no training on the form or how to discuss the agreement with the resident and/or representative on admission.
*She had not ensured the person signing the form understood their right:
-To refuse to enter into an arbitration agreement.
-To rescind the agreement within 30 days of signing that form.
*She stated she treated the form as informational acknowledgment and not as an agreement.
*Her responsibilities included having the resident and/or representative sign the admission Agreement paperwork.
-For most admissions, while the resident was involved with the nurse's physical assessment, she would have the representative complete the admission paperwork.
--That is what had happened with residents 39 and 142 noted above.
-If she was unavailable, Administrator A would fill-in and complete the resident's admission agreement paperwork with the resident and/or representative.
--She was not available on 2/13/25, when resident 38 had admitted to the facility.
--Administrator A had completed the admission paperwork for resident 38's admission.
Interview on 3/10/25 at 5:43 p.m. with administrator A revealed:
*SSD E completed the admission paperwork with most of the residents' admissions.
-She assumed SSD E discussed the arbitration agreement appropriately with residents and/or representatives.
*She agreed she had completed the admission paperwork for resident 38 on 2/13/25.
-She stated resident 38, his daughter, his son/DPOA/DPOA-HC, and his son's wife were all present when the admission paperwork was completed.
-She confirmed that this admission agreement was signed by resident 38, his son/DPOA/DPOA-HC, and administrator A.
-She stated resident 38's son/DPOA/DPOA-HC read the paperwork prior to signing.
--Resident 38's family read the arbitration agreement and stated resident 38 could sign that agreement.
--Resident 38 was not really interested in reading the arbitration agreement and had commented You just want my signature.
Interview and record review of the undated one-page Arbitration of Disputes admission Agreement Addendum on 3/11/25 at 8:24 a.m. with administrator A revealed:
*The arbitration agreement was reviewed to ensure it clearly stated that the resident or his or her representative was not required to enter into the agreement as a condition of admission to the facility.
-Administrator A agreed that was not clearly stated in the agreement.
-Administrator A stated it was a poorly written agreement.
Further interview that day with administrator A at 8:30 a.m. after reviewing the requested arbitration agreements for three residents (21, 23, and 24) and a handwritten note from SSD E revealed:
*On 11/8/22, SSD E was provided notice to add the Arbitration of Disputes form to the admission Agreement packet.
*Administrator A confirmed that residents who were admitted to the facility prior to 11/8/22 had not entered into the arbitration agreement.
Interview on 3/11/25 at 9:51 a.m. with SSD E regarding requested arbitration agreements revealed:
*She confirmed that prior to 11/8/22 the residents admitted to the facility had not signed an arbitration agreement upon their admission.
*Those residents had not been asked to sign the arbitration agreement after 11/8/22, when the arbitration agreement was added to the admission agreement packet.
*A printed email, that she provided, indicated on 11/8/22 at 1:48 p.m. the administrator of the facility, at that time, had e-mailed the Arbitration of Disputes as an attachment with the message Please include this in your admission packet.
-She confirmed that was her notice and that she had received no training on that form or the arbitration process.
Interview on 3/11/25 at 1:10 p.m. with administrator A regarding the requested policy on arbitration agreements revealed the provider did not have such a policy.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0848
(Tag F0848)
Could have caused harm · This affected most or all residents
Based on interview and Arbitration Agreement review, the provider failed to ensure the provider's Arbitration Agreement:
*Included the arbitration organization's name and how to contact that organizat...
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Based on interview and Arbitration Agreement review, the provider failed to ensure the provider's Arbitration Agreement:
*Included the arbitration organization's name and how to contact that organization.
*Provided for the selection of a neutral arbitrator agreed upon by both parties.
*Provided for a location that was convenient for both parties for an arbitration dispute.
Findings include:
1. Interview and record review of the provider's one-page arbitration agreement on 3/10/25 at 5:43 p.m. with administrator A revealed that the agreement had not included:
*The arbitration organization's name and how to contact that organization.
*For the provision of the selection of a neutral arbitrator agreed upon by both parties.
*For the provision of a location that was convenient for both parties for an arbitration dispute.
*Administrator A agreed with those findings above.
Interview on 3/11/25 at 1:10 p.m. with administrator A regarding the arbitration agreement revealed:
*The provider had no policy regarding arbitration agreements.
*She agreed the arbitration agreement was poorly written.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Data
(Tag F0851)
Could have caused harm · This affected most or all residents
Based on Payroll Based Journal (PBJ) record review, employee timecard review, and interview, the provider failed to submit PBJ data accurately for three of three federal fiscal quarters reviewed Quart...
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Based on Payroll Based Journal (PBJ) record review, employee timecard review, and interview, the provider failed to submit PBJ data accurately for three of three federal fiscal quarters reviewed Quarter 2, 2024 (January 1 through March 31, 2024); Quarter 3, 2024 (April 1 through June 30, 2024)2024); and Quarter 4, 2024 (July 1 through September 30, 2024).
Findings include:
1. Review of the PBJ records submitted to the Center for Medicare and Medicaid Services (CMS) revealed the provider submitted the following for licensed nursing coverage not being covered 24 hours per day for:
*Quarter 2, 2024 for 34 days.
*Quarter 3, 2024 for 11 days.
*Quarter 4, 2024 for 30 days.
2. Review of the PBJ records submitted to CMS revealed the provider submitted the following for RN (registered nurse) coverage for 8 consecutive hours per day for:
*Quarter 2, 2024 for 16 days.
*Quarter 4, 2024 for 4 days.
3. Review of the provider's employee timecards revealed:
*Quarter 2, 2024; 24-hour licensed nursing coverage was verified for 13 of the 34 days that were triggered for no 24-hour licensed nursing coverage and for 12 of the 16 days triggered for no RN coverage for 8 consecutive hours per day.
*Quarter 3, 2024; 24-hour licensed nursing coverage was verified for 6 of the 11 days that were triggered for no 24-hour licensed nursing coverage.
*Quarter 4, 2024; 24-hour licensed nursing coverage was verified for 16 of the 30 days that were triggered for no 24-hour licensed nursing coverage and for all the days triggered for no RN coverage for 8 consecutive hours per day.
*The timecard information supported the PBJ records were not accurate.
4. Interview on 3/10/25 at 6:03 p.m. with business office manager C regarding PBJ data submission revealed:
*She was responsible for submission of the PBJ data.
*She stated she entered the travel staff hours worked manually into the PBJ and the other staff hours worked were transferred electronically from their timecards into the PBJ online reporting system.
*She was aware there were days on the PBJ reports that indicated there was no 24-hour licensed nursing coverage and no RN coverage for 8 consecutive hours per day.
*She did not know how there was missing data because with each submission she received an indicator that 100% of the information was submitted and the report had been accepted.
-She was not aware that the indicator only provided notification that the information submitted was accepted at 100% and not if that data was accurate to actual hours worked by staff.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0865
(Tag F0865)
Could have caused harm · This affected most or all residents
Based on interview, and quality assurance and performance improvement (QAPI) plan policy review, the provider failed to ensure they had identified and corrected quality deficiencies when they occurred...
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Based on interview, and quality assurance and performance improvement (QAPI) plan policy review, the provider failed to ensure they had identified and corrected quality deficiencies when they occurred throughout the facility and that performance improvement projects (PIP) had been thoroughly identified, implemented, or monitored regarding nurse staffing, siderails, medication administration and storage, baseline care plans, and arbitration agreements.
Findings include:
1. Interview on 3/12/25 at 11:29 a.m. with administrator A regarding the QAPI program and committee revealed:
*She was the QAPI coordinator for the provider and stated each department manager conducted their own audit, discussed that audit with the QAPI committee, and implemented any plan needed for correction.
*The provider's QAPI committee was comprised of:
-All the department managers.
-Administrator A.
-Director of nursing (DON) B.
-The following committee members attended on a quarterly basis:
--The medical director.
--The executive director.
--The consultant dietitian (by phone).
*The QAPI committee was currently working on projects that included new carpet for the facility, new dining room chairs, and new activity room chairs.
*The QAPI committee's current performance improvement project (PIP) was aimed at improvements regarding residents at risk for or experiencing weight loss.
*Regarding areas of non-compliance identified by the survey team that included:
-Staffing concerns related to a full-time DON, registered nurse (RN) coverage for at least eight hours a day, licensed nurse coverage 24 hours a day, and the required posting of that nurse staffing information.
--She stated they were in a transition period from the previous full-time DON who was employed at the facility from 7/1/24 to 1/31/25.
--DON B was currently mentoring assistant DON (ADON) G to assist with the DON role.
--She stated the QAPI committee had not addressed the required full-time director of nursing position.
-The three days during January and February 2024 with no RN hours was during a transition period.
-The numerous days without licensed nurse coverage 24 hours a day was due to a documentation error.
--She stated the QAPI committee was not aware of those issues.
-Bedrail concerns related to assessments; lack of consents; and lack of a preventative and safety maintenance program ensuring the safe use of those bedrails.
--She stated the QAPI committee was not aware of those issues.
-Medication administration and storage concerns related to receipt, administration, accountability, storage, labeling, and destruction of medications.
--She stated the QAPI committee was not aware of those issues.
-Baseline Care Plan concerns related to providing those to the resident/representative within 48 hours of admission.
--She stated the QAPI committee was not aware of those issues.
-Arbitration agreements concerns.
--She stated the QAPI committee was not aware of those issues.
-She confirmed their QAPI process had not been effective in identifying these quality issues that could have impacted the resident's care.
2. Review of the provider's 6/25/24 QAA (Quality Assessment and Assurance) Committee Policy revealed:
*Intent: These policies are intended to ensure that [Name of Provider] develops a plan that describes the process for conducting QAPI/QAA activities, such as identifying and correcting quality deficiencies as well as opportunities for improvement, which will lead to improvement in the lives of nursing home residents, through continuous attention to quality of care, quality of life and resident safety.
*The policy indicated the QAA committee would:
-Develop and implement appropriate plans of action to correct identified quality deficiencies.
-The quality assessment and assurance committee reports to the facility's governing body, or designated person (Administrator).
Review of the provider's 7/31/24 QAPI Plan revealed:
*The QAPI program will aim for safety and high quality with all clinical interventions and service delivery . by ensuring our data collection tools and monitoring systems are in place and are consistent for proactive analysis, system failure analysis, and corrective action.
*The scope of the QAPI program encompasses all types and segments of care and services that impact clinical care, quality of life, resident choice, and care transitions .
*The governing body, administrator, and/or management firm are responsible for the development and implementation of the QAPI program .
Refer to F655, F700, F725, F727, F732, F755, F761, F847, F848, F851, and F909.