CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation and interview, the facility failed to ensure residents' right to be f...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation and interview, the facility failed to ensure residents' right to be free from verbal, physical, and sexual abuse for 3 of 12 sampled residents (Resident #14, #60, and #71) reviewed for abuse. The facility's failure to ensure a resident's right to be free from abuse resulted in Immediate Jeopardy when the facility failed to identify an incident of resident-to-resident verbal abuse (Resident #269 and Resident #60), an incident of resident to resident sexual/physical abuse (Resident #269 and Resident #14), an incident of resident to resident physical abuse (Resident #269 and Resident #60), and an allegation of resident to resident sexual/physical abuse (Resident #269 and Resident #71).
Immediate Jeopardy is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
The Administrator, the Assistant Director of Nursing (ADON), the Regional Nurse Consultant, and Director of Regional Nurse were notified of the Immediate Jeopardy (IJ) for F-600 during the recertification and complaint investigation on 5/26/2023 at 12:44 PM, in the conference room. The facility was cited Immediate Jeopardy at F-600.
The facility was cited at F-600 at a scope and severity of J, which is Substandard Quality of Care.
A partial extended survey was conducted from 5/31/2023 through 6/2/2023.
The Immediate Jeopardy began on 8/20/2022 and is ongoing.
The findings include:
1. Review of the facility's policy Abuse Prohibition Plan revised 10/24/2022, revealed, The facility has a zero -tolerance policy for abuse. Verbal, mental, sexual, or physical .The resident shall not be subject to mistreatment, neglect .the facility shall attempt to identify and shall investigate any reported violation or allegation of abuse .Abuse means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting in physical harm, pain, or mental anguish. Abuse also includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, or psychosocial well -being. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. It includes verbal abuse, sexual abuse, physical abuse . employees shall receive training .definition of abuse, neglect, exploitation, and misappropriation of resident .Resident Rights .Prohibiting and preventing all forms of abuse .activities that constitute abuse, neglect .reporting abuse .whom to report to and when staff and others must report their knowledge related to an alleged violation without fear of reprisal .how to identify residents who are at risk for abuse, neglect, exploitation .recognizing signs of abuse, neglect .such as physical or psychosocial indicators. Understanding behavioral symptoms of residents that may increase the risk of abuse and neglect and how to respond. These symptoms include .Aggressive and/or catastrophic reactions of residents; it is the policy of this facility to prevent abuse by providing residents, families, and staff information and education on how and to whom to report concerns, incidents and grievances without fear of reprisal or retribution . it is the policy of this facility to prevent abuse by providing residents, families, and staff information and education on how and to whom to report concerns, incidents and grievances without fear of reprisal or retribution . The facility must take steps to ensure that the resident is protected from abuse . All staff shall monitor residents and shall be educated regarding how to identify signs and symptoms of abuse. This includes staff to resident abuse and certain resident to resident altercations. Residents shall be monitored for possible signs of abuse. Symptoms that may be an indicator of abuse include .Resident, staff or family report of abuse, suspicious or unexplained bruising; unnecessary fear; Abnormal discharge from body orifices; Inconsistent details by staff regarding how incidents occurred; Physical abuse of a resident observed or reported; Unusual behavior toward staff, residents, family members or visitors .the policy of this facility is that reports of abuse, neglect, exploitation, misappropriation of resident's property and injuries of unknown origin are promptly and thoroughly investigated. The Administrator shall investigate .immediately . having a mental disorder or cognitive impairment does not automatically preclude a resident from engaging in deliberate or non-accidental actions .there may be some situations in which the psychosocial outcome to the resident may be difficult to determine or incongruent with what would be expected. In these situations, it is appropriate to consider how a reasonable person in the resident's circumstances would be impacted by the incident.
Review of the facility's Resident Rights and Resident Responsibilities revised 10/24/2022, revealed, .the resident has the right to a dignified existence .resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility .the resident has a right to a safe, clean, and comfortable .environment .the resident has a right to voice grievances to the facility or other agency .without discrimination or reprisal .with respect to care and treatment .the behavior of staff and of other residents .the facility must make prompt efforts to resolve grievances the resident may have .Resident responsibilities .a responsibility to interact with all who work in the organization in a civil manner .mutual respect supports communication and collaboration in a manner that contributes to the safety and quality of care, treatment and services .
2. Review of medical record revealed Resident #269 was admitted to the facility on [DATE], with the diagnoses of Traumatic Brain Injury after being hit by a vehicle, Traumatic Subarachnoid Hemorrhage, Muscle Spasms, Fractures of pelvis, left tibia, multiple ribs, Anxiety, Attention Deficit Hyperactivity Disorder, Depression, and Schizoaffective Disorder.
Review of the admission Minimum Data Set (MDS) dated [DATE], revealed Resident #269 was coded with a Brief Interview of Mental Status (BIMS) score of 15 indicating the resident was cognitively intact, with disorganized thinking present and fluctuating (comes and goes changes in severity), trouble falling asleep or staying asleep, trouble concentrating on things nearly every day, and rejection of care had occurred within 1 to 3 days. Resident #269 required extensive assistance with transfer, dressing and toilet use with 1 person assist. Resident #269 had lower extremity impairment and used a wheelchair for mobility.
Review of Resident #269's care plan effective 4/13/2022, revealed Problems .exhibits periods of disorganized thinking /inattention .has trouble concentrating on things such as reading newspaper .Interventions .conduct 1 on 1 visits .move to quiet area for 1 on 1 interactions .assess potential causes for deterioration lack of sleep, medication change, illness .refocus conversation .encourage visit from family friends and clergy .encourage participation in activity .Problems .rejects care (taking medication/ injections ADL [activities of daily living] assistance, Interventions .notify physician if medication refused seek different form of drug .identify times/approaches/self that result in least resistance/communicate with all care givers .Talk with [Resident #269] and family about reasons for refusal of care and potential risk. When care refused, remind of potential risk .coax but do not force compliance .
Review of a Psychiatric Note dated July 25, 2022, revealed .Received telephone call 7/14/22 . [Resident #269] with out of character abnormal bizarre behaviors of cursing masturbating in front of staff, wearing sheet and urinating in halls .Order given for Haldol [medication given to treat psychotic behaviors] IM [intramuscular] . There was no documentation the facility assessed Resident#269 to determine the reason(s) for the out of character inappropriate behaviors.
Review of a clinical note dated 8/16/2022, revealed . [Resident #269] refused all meds .exhibited inappropriate behavior toward CNA [Certified Nursing Assistant] in shower .
Review of a clinical note dated 9/13/2022, revealed . [Resident #269] up in doorway naked waving for female companion to come to his room.
Review of the Psychiatric Visit note dated September 14, 2022, revealed, .Received telephone call this am [AM] for [Resident #269] escalating mood and behaviors with order given for Haldol injection .described with sitting in doorway disrobed with declining to move accompanied with blank stare and prior he was flailing arms and disruptive to others with trying to get attention from female resident .he has been disrobing, declining medications and toileting in inappropriate locations .staff further reports of talking when no none is present, delusional thinking and varying sleep patterns of both insomnia and hypersomnia .agrees to utilize injection for mood .Assessment .Schizoaffective disorder, bipolar type (disorder) . Medications Haldol injection ,Tizanidine [used to treat delusions] , gabapentin [used to treat Schizophrenia], Seroquel [used to treat Schizophrenia] and alprazolam [used to treat psychosis] . No other recommendations for Resident #269's behaviors.
Resident #269's care plan revision dated effective 9/30/2022, revealed, .receiving antianxiety drugs on a regular basis; Diagnosis of Anxiety Disorder .Engage [Resident #269] in group/individual activities that reduce periods of anxiety .
Review of a clinical note dated 10/2/2022, revealed .found [Resident #269] coming out of female patient [Resident] room at 0200 [2:00 AM] .females in room seemed to be untouched and unharmed .when confronted [Resident #269] stated I don't know something just came over me .[Resident #269 was] instructed to put on gown and get in bed .
Review of an additional clinical note dated 10/2/2022, revealed .[Resident #269] naked in hallway after urinating in doorway across the hall .refusing to keep curtain pulled when female patient [Resident #60] visiting .upset being told could not walk around naked .came out in hall and urinated on the floor . There was no documentation the facility implemented/engaged Resident #269 in individual activities to divert the resident's behaviors.
The care plan revision dated 10/12/2022, for Resident #269 revealed, . Problems .Diagnosis of Adjustment Disorder with Antianxiety and Depression .Interventions .Record behaviors on Behavior Tracking Form and/or clinical notes .Monitor pattern of behavior (time of day, participating factors, specific staff or situations) .Remind [Resident #269] that BEHAVIOR is not appropriate .provide medication as ordered .Remove from situation; allow time to calm down .
Review of a clinical note dated 10/18/2022, revealed .observed resident attempting to touch a female residents' buttocks .because it would make her mad There was no documentation of who the female resident was and if the female resident had been affected by this behavior. There was no documentation of facility interventions to provide diversionary activities, education and tracking by the facility of the participating factors, staff involvement and situation.
Review of a clinical note dated 11/11/2022, revealed .[Resident #269] slapped Maintenance man on bottom [buttocks] .
Review of a clinical note dated 11/20/2022, revealed . [Resident #269] came to front of the building and told two CNAs, hey guys I've got something I need you to take care of patient [Resident #269] pulled his gown up and exposed his erect penis to staff and visitors .redirected . There was no evidence to support what redirection was provided by the staff. There was no evidence Resident #269 was provided activities per the plan of care, or other interventions.
Review of a clinical note dated 12/16/2022, revealed .it was reported that resident [Resident #269] was being ugly and threatening another resident at which point resident became agitated when he discovered behavior had been witnessed .begin to yelling and throwing things .removed companion [Resident #60] from the situation .[Resident #269] became even more agitated . resident [Resident #269] had altercation with a staff member, grabbed staff by shoulders and aggressively pushed her up against the wall kissing her on the forehead and cheek- police called and was transported per EMS [emergency medical services] at 0037 [12:37 AM]
Review of a written witness statement dated 12/16/2022, revealed Resident #269 verbally threatened Resident #60 saying he would beat the [expletive] out of you [Resident #60] if you don't hurry up and suck my [expletive for penis]. CNA #3 intervened, and Resident #269 began turning over tables, knocking the refreshment off the table in the floor, attempted to turn over linen cart, disrobed and pinned a staff member against the wall and kissed CNA #1 The resident pinned a CNA against the wall and the police and management were notified by staff.
Resident #269 was transported on 12/16/2023, by EMS to an acute care hospital and admitted for stabilization with diagnoses of Psychosis, Suicidal ideations, Homicidal ideations, Depression and Anxiety. On 12/20/2023, Resident #269 was transferred to as an inpatient at a Psychiatric hospital for care and treatment.
During a telephone interview on 5/9/2023 at 8:00 AM, CNA #1 was tearful when and stated, .He [Resident #269] knew exactly what he was doing and that's what I told the police . I was afraid .[Resident #269] was strong and quick and I could not get myself away from him . [CNA #3] came and got between us .he [Resident #269] had threw [thrown] his clothes at me piece by piece until he was completely naked .pinned me against the wall .when I looked him [Resident #269] in the eye I could tell he knew exactly what he was doing .he kissed me on the cheek and forehead when I got away from him I just lost it but the other CNA helped me get through it. The ADON and management came and talked with me, I gave the police a statement. I gave my statement to the Administrator and asked her if I needed to come in [to work] the next day because I was so upset .she [Administrator] didn't care did not offer me any sympathy. I knew I would probably lose my job if I had pressed charges .I fainted twice I was so upset I was that scared .
During a telephone interview on 5/22/2023 at 12:33 PM, the Psychiatric Nurse Practitioner stated, .first saw him [Resident #269] at the end of June [2022] .I educated him on the importance of taking his medication .I received calls from staff about his behaviors .I would order a one-time injection of Haldol .I did not see him every month .I know he had a Traumatic Brain Injury .increase in sexual behaviors .I recommended progesterone .
3. Review of the medical record revealed Resident #60 was admitted to the facility on [DATE], with diagnoses of Dementia, Huntington's Disease, Psychotic Disorder, and Anxiety.
Review of a clinical note dated 8/28/2022, revealed . [Resident #269] having sex with female resident [Resident #60] .seen having sex in the back dining room . There was no documentation the facility assessed Resident #60 to determine if the sexual behavior in the dining room was consensual and there was no documentation the facility educated the Residents about performing sexual behaviors in a public area.
Review of a clinical note dated 8/30/2022, revealed . [Resident #269] having inappropriate sexual relations with Resident #60 while her roommate [Resident #76] was present .roommate [Resident #76] did not approve and was upset . There was no documentation the facility offered additional support to Resident #76 following the Resident's observation of sexual behavior between Resident #269 and Resident #60. There was no evidence the facility provided redirection and education to Resident #269.
Review of an event note dated 11/10/2022, revealed, .a loud noise was heard when staff entered the dining room .found [Resident #60] in a garbage can with bottom [buttocks] in trash can and legs and arms hanging out. [Resident #269] was across the room looking out of the doorway. Staff asked resident #60 how she got in the garbage can. [Resident #60] stated he [Resident #269] put me in it. Resident #269 was asked if he put [Resident #60] in the trash can and he said yes . There was no documentation behavioral interventions were discussed with Resident #269 or redirection with activities to divert Resident #269.
Review of a clinical note dated 11/17/2022, revealed .pt [Resident #269] in front lobby .with only gown on .female friend [Resident #60] sitting in chair next to him .noted to have his left hand under his gown masturbating while female had her head on his left shoulder and moving her right hand towards his private area .redirected by social worker . There was no documentation the facility engaged Resident #269 in activities. There was no evidence to support what redirection was provided by the Social Worker, and follow-up and tracking of the incident.
Review of a clinical note dated 11/20/2022, revealed .patient [Resident #269] came in from smoking a cigarette with staff and when he saw his female friend [Resident #60], waiting for him in the lobby .he proceeded to throw a cup hard and hit her in the face with it .CNA witnessed the occurrence .the two [Resident #60 and Resident #269] were instructed to separate but did not listen .CN [Charge Nurse] was able to get female resident away from him . There was no documentation the facility assessed Resident #269 to determine the reason for throwing a cup at Resident #60 and other behavior interventions to protect Resident #60. There was no documentation of an assessment of Resident #60.
Review of a clinical note dated 11/27/2022, revealed .[Resident #269] came out of room, place [placed] dishes in floor that he had ejaculated in his dessert dish in front of this nurse .later in the shift was caught masturbating in front of female companion [Resident #60] .later witnessed by CNA found in back dining room .masturbating while she [Resident #60] watched . There was no documentation of how the staff responded to this incident.
Review of the MDS dated [DATE], Resident #60 had a BIMS score of 15, which indicated cognitively intact. no behaviors, supervision required for ADLs, unsteady with gait and spastic movements of extremities.
Review of the care plan dated 12/12/2022, through present revealed .Behavioral Symptoms: [Resident #60] has exhibited public sexual behaviors .Consenting residents have been noted with sexually inappropriate behaviors in public areas. Education given to resident regarding privacy and respect for roommate during sexual acts .Visitors are to leave room by 9:00 pm. Visits can continue in common areas or dining room Per facility protocol Individuals should be separated at 10:00 pm .Record behaviors on Behavior Tracking Form [Medication Administration Record] and/or clinical notes. Monitor pattern of behavior (time of day, precipitating factors, specific staff or situations) .Gently remind that behavior is not appropriate .has history of verbal behavioral symptom directed at others .Diagnosis of Huntington's Disease and Psychosis .Self-care deficit R/T [related to] ambulation, bathing, bed mobility, dressing, eating, hygiene, locomotion, and transfers .
Review of CNA #3's written statement dated 12/16/2022 revealed .overheard [Resident #269] verbally threaten [Resident #60] saying he would beat the [expletive] out her [Resident #60] if she did not hurry up and suck his [expletive for penis] .disrobed and pinned a staff member [CNA #1] against the wall and kissed [CNA #1] .
During a telephone interview on 5/8/2023 at 1:38 PM, CNA #3 confirmed her written statement related to Resident #269 verbally threatening Resident #60 with violence and Resident #269 pinning a staff member against the wall and kissing her.
During an interview on 5/9/23 at 10:09 AM, the Conservator for Resident #60 stated, [Resident #60] cannot make decisions about her persons, so I was made conservator for her wellbeing .[Resident #60] She isn't able to consent to some things but can't stop her from having sex . : The Conservator continued and asked, Did he [Resident #269] abuse her, she [Resident #60] told some of her church friends he did . I was certainly never told that he [Resident #269] was physically or verbally abusive to her [Resident #60] .No one ever told me they witness aggression . No one called us and said he threw a cup in her face . The Conservator was asked if the facility had informed her that Resident #269 had threatened Resident #60 if she would not perform sexual acts. The Conservator stated, No, I was not told that at all.
During an interview on 5/18/2023 at 1:32 PM, the Administrator was asked about the incident with Resident #269 throwing a cup at Resident #60. The Administrator stated, . I review the clinical notes daily and I would have been made aware during clinical meeting of behaviors. I did not look at this as abuse. I did not interview staff. I was aware of the incident, but it was not abuse [Resident #269] and [Resident #60] said it was just horseplay.
During an interview on 5/18/2023 at 3:21 PM, LPN #5 was asked about the incident when Resident #269 threw a cup at Resident #60. LPN #5 stated, .On call management was made aware of the incident. The former risk manager knew .there were 2 charge nurses here that separated them [Resident #60 and Resident #269] and took them to their rooms .
During an interview on 5/24/2023 at 9:00 AM, the former Risk Manager was asked about the incident in which Resident #269 had put Resident #269 in the garbage can on 11/10/2022 and the incident in which Resident #269 had thrown a cup at Resident #60. The former Risk Manager stated, .I conducted the investigation and concluded since [Resident #269] stated he was horseplaying it was not abuse .and the cup hit her on the side of head not her face. The former Risk Manager further confirmed interviews were not conducted with the staff or residents that might have witnessed the incident.
4. Review of the medical record revealed Resident #14 was admitted to the facility on [DATE], with diagnoses of Benign Neoplasm of the Brain, Abnormal Involuntary Movements, Paranoid Schizophrenia, Anxiety Disorder, and Selective Muftis. Resident #14 communicated with others by using pictures, gestures and pre-written words. When questioned, Resident #14 would clap his hands twice if the answer was yes.
Review of a clinical noted dated 8/20/2022, revealed patient [Resident #269] up yelling in the hallway .ejaculated on roommates [Resident #14] w/c [wheelchair] and shirt, throwing things in the room .weekend supervisor spoke with resident MD [medical doctor] called new order for Ativan [treats anxiety] and Seroquel [treats Schizophrenia, bipolar and depression] patient refused.
Review of the clinical record dated 8/20/2022 at 6:05 AM, revealed Resident #14, was . in hallway waving his arms to get attention. patient [Resident #14] c/o [complained of] his roommate [Resident #269] ejaculating in his [Resident #14] chair and on his [Resident #14] shirt .weekend supervisor aware. assisted patient in cleaning off his w/c and changing his shirt . There was no documentation the facility provided other activities for Resident #269 or implemented interventions based on the Resident's person-centered care plan.
Review of the annual MDS dated [DATE], and quarterly MDS dated [DATE], revealed Resident #14 had a BIMS score of 99. According to the MDS Cognitive Skills for Daily Decision-Making resident was rated 2 for was rated as having moderate cognitive impairment Resident required supervision with bed transfer, with dressing, eating, toileting, and personal hygiene, and uses a wheelchair for mobility.
Review of Care Plan dated 12/1/2023 revealed, Resident #14 has diagnoses of Psychotic Disorder/Schizophrenia, Selective Mutism, a Right Temporal Lobe Mass and understood in ability to express ideas and wants. Resident #14 will only speak if God tells him he can with interventions .he [Resident #14] will use hand gestures at times, occasionally will write something down and nod his head yes or no; speech is clear .Has anxiety and depression with interventions to listen to resident and address concerns as need .Self-care deficit - independent to extensive assistance of staff is required with bathing, hygiene, dressing, and grooming R/T [related to] impaired cognition and weakness .
During an interview on 5/3/23 at 3:45 PM, with Resident #14 in Resident's room, Resident #14 used pictures and gestures and pre-written words and clapped twice for yes when communicating. Resident #14 has a diagnosis of selected mutism. Resident #14 was sitting in wheelchair. Resident #14 picked up a calendar and counted out months pointing to the month of August on the calendar. Resident #14 then begin to reenacting the inappropriate sexual behavior which occurred between him and Resident #269. Resident #14 removed his clothing, took off shirt and pulled down his pants revealing his underwear. Resident #14 stood up by the head of his bed and began gesturing as masturbating and motioned ejaculation on his face by putting his hands over his face and head. Resident #14 motioned that he was asleep when this happened, but the behavior had caused him to wake from his sleep. Resident#14 went to his bedside dresser and retrieved a folder which contained a white pillowcase and a brown paper towel wrapped in clear plastic. Resident #14 unfolded the pillowcase. The pillowcase was observed to be stained with a yellowish stain. Resident #14 removed the paper towel from the clear plastic wrap and gestured as if he wiped his face. Resident #14 was asked if the yellowish stains on the pillowcase was semen, and Resident #14 clapped twice for yes. Resident #14 was asked if he had wiped his face with the paper towel that was in the clear plastic wrap and Resident #14 clapped twice for yes. Resident #14 lay the pillowcase at the head of the bed, spread the pillowcase out and gestured his head as laying on the pillowcase with his eyes closed. Resident #14 was asked if he was asleep when this incident had occurred with Resident #269, and Resident #14, clapped twice for yes. Resident #14 was asked if it was correct to say that one night while you were asleep you were awakened by Resident #269 standing over you, naked, and masturbating, and ejaculating on your face? Resident #14 confirmed by nodding his head up and down and by clapping twice. Resident #14 was asked if this had happened before? Resident #14 clapped twice for yes. Resident #14 then pointed to the month of August on the calendar and gestured Resident #269 had ejaculated on his arm and on his wheelchair. Resident #14 was asked if he had reported this to the facility and Resident #14 nodded up and down to indicate yes. Resident #14 pointed to words printed on paper and pointed to Licensed Practical Nurse (LPN) #3 and shrugged his shoulder upwards. Resident #14 was asked if the nurse or anyone else had spoken with him about this incident. Resident #14 nodded his from side to side indicating no. Resident #14 attempted to hand surveyor the stained pillowcase. Resident #14 was asked to place the items back in dresser.
On 5/4/2023 at 11:00 AM, Resident #14 was sitting in the doorway of his room motioning for this surveyor to come to his room. Resident #14 put 2 hands together in praying motion up to his mouth and stated, I'm speaking to you cause God told me it was OK that I could use my voice to tell you what has been going around here. Resident #14 was asked to clarify the information from the interview on 5/3/2023 and asked if he had additional information to share. Resident #14 stated, .[Resident #269] did not stick his penis in my butt hole if that is what you are asking [Resident #269] would masturbate and ejaculate in front of me all the time and would be having sex with [Resident #60] his girlfriend in his bed with the curtain not pulled closed .[Resident #269] has ejaculated on me and another resident. When asked, Resident #14 did not recall the name the other resident. Resident #14 continued, [Resident #269] masturbated and ejaculated on my [Resident #14's] shirt and [Resident #14's] my wheelchair and I have evidence. I told [LPN #3] and she helped me get cleaned up .he [Resident #269] had another women not [Resident #60] in his bed one night it was [Resident #53] she was in our room and [Resident #269] was lying in the bed naked and she [Resident #53] came to room and the curtain was not pulled she [Resident #53] had her hand on his [Resident #269] penis for 35 minutes, I know I looked at the clock, she [Resident #53] was stroking it [Resident #269's penis] toward her face .she [Resident #53] then dropped her pants, she [Resident #53] had a diaper on and then the nurse [LPN #3] came in and made them stop .don't know if she reported it or not .[Resident #269] had sex with [Resident #60] while she was on her cycle [menstural] she [Resident #60] brought him [Resident #269] her pad with blood on it, they left it and I have it saved with the other evidence .I lived with [Resident #269] for 6 months . Resident #14 stated staff were aware of Resident #269 and, .they all know .[Administrator] gave him [Resident #269] permission to go around and terrorize people .[Resident #269] had the activity plaque from the wall he [Resident #269] said [Administrator] gave it to him .he said he had the authority to terrorize people . Resident #14 was asked who they were that he was referring to. Resident #14 stated the Administrator, Assistant Director of Nursing (ADON), and the Director of Nursing (DON) knew about Resident #269's behaviors. Resident #14 stated, .he [Resident #269] pretty much did what he wanted to and .they did not want to make him mad .all the nurses and charge nurses they would make him put his clothes on all the time they knew he was not taking his medications .
During an interview on 5/25/2023 at 12:22 PM, the Administrator confirmed the incident involving [Resident #269] ejaculating semen on [Resident #14's] wheelchair and shirt .we did not consider it an allegation of abuse .it was a behavior not abuse . The Administrator further confirmed Resident #269 was not moved out of the room until 9/16/2022, approximately 27 days after the sexually inappropriate behavior with Resident #14 had occurred.
During an interview on 5/18/2023 at 3:21 PM, LPN #5 was asked about the incident when Resident #269 threw a cup at Resident #60. LPN #5 stated, .On call management was made aware of the incident. The former risk manager knew .there were 2 charge nurses here that separated them [Resident #60 and Resident #269] and took them to their rooms .
5. Review of the medical revealed Resident #71 was admitted to the facility on [DATE], with diagnoses of Parkinson's Disease, Bipolar, Delusional Disorders, and Hypertension.
Review of the annual MDS dated [DATE], revealed Resident #71 h[TRUNCATED]
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Report Alleged Abuse
(Tag F0609)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview the facility failed to report allegations of abuse for 3 of 12 (Res...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview the facility failed to report allegations of abuse for 3 of 12 (Resident #14, #60, and #71) sampled residents reviewed for abuse. The facility's failure to report allegations of sexual, physical, and verbal abuse to the State Survey Agency, law enforcement and Adult Protective Services (APS) which resulted in Immediate Jeopardy when on 8/20/2022, Resident #14 reported to staff Resident #269 ejaculated semen on his wheelchair and shirt. On 11/10/2022, Resident #60 was found by staff in a trash can in the back dining room. Resident #60 reported to staff, Resident #269 put her in the trash can. Resident #269 confirmed to staff that he put Resident #60 in the trash can. On 11/20/2022, staff witnessed Resident #269 throw a cup at Resident #60 that hit her in the face. On 11/27/2022, Resident #71 reported to staff Resident #269 touched him inappropriately on his groin area. On 12/16/2022, staff witnessed Resident #269 verbally threaten Resident #60 with physical abuse if she did not perform a sexual act.
Immediate Jeopardy (IJ) is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause serious injury, harm, impairment, or death to a resident.
The Administrator, the Assistant Director of Nursing (ADON), the Regional Nurse Consultant, and Director of Regional Nurses were notified of the Immediate Jeopardy (IJ) for F-609 during the recertification and complaint investigation on 5/26/2023 at 12:44 PM, in the conference room.
The facility was cited Immediate Jeopardy at F-609.
The facility was cited at F-609 at a scope and severity of J, which is Substandard Quality of Care.
The Immediate Jeopardy began on 8/20/2022 and is ongoing.
The findings included:
1. Review of the facility's Abuse Prohibition Plan revised 10/24/2022, revealed, .Alleged Violation is a situation or occurrence that is observed or reported by staff, resident, relative, visitor, another healthcare provider .policy of this facility that abuse allegations .are reported per Federal and State Regulations and Law .employees must always report any allegation of abuse or suspicion of abuse immediately to their supervisor. The supervisor shall notify the Director of Nursing and/or the Administrator of the report. The report shall include the following: .name(s) of the resident(s) to which the abuse or suspected abuse occurred; the date and time the abuse or suspected abuse occurred or was identified; when the incident took place; the name(s) of any witnesses to the incident; the type of abuse that was committed .Any staff member or person affiliated with this facility who has witnessed or who believes that a resident has been a victim of mistreatment, abuse, neglect or any other criminal offense shall immediately report, or cause a report to be made of, the mistreatment or offense. If an incident of abuse or allegation of abuse is reported or discovered after hours, the Administrator or Director of Nursing must be notified immediately of such incident. Delayed reports of abuse incidents or allegations must be reported immediately to the Administrator or Director of Nursing, even though there is a time lapse since the incident occurred. Reporting procedures should be followed as outlined in this policy .staff members and persons affiliated with this facility shall not knowingly .attempt, with or without threats or promise of benefit, to induce another to fail to report an incident of mistreatment or other offense .alter, change without authorization, destroy or render unavailable a report made by another .screen reports or withhold information to reporting agencies .Upon receiving reports of physical or sexual abuse, a licensed nurse or physician shall immediately examine the resident. Findings of the examination must be recorded in the resident's medical record. NOTE: If sexual abuse is suspected, the Resident SHALL NOT be bathed, and clothing or linen shall not be washed. No items shall be removed from the area in which the incident occurred. The police shall be called immediately. Upon receiving a report of abuse or allegation of abuse, it may be necessary to remove the resident from the location of the occurrence to ensure their safety and comfort .if indicated, a staff member may be assigned individually to ensure their safety and comfort are maintained .The Administrator shall involve key leadership personnel as necessary to assist with reporting .The Administrator shall ensure residents are safe and receiving quality care. The Medical Director, the Attending Physician, and the Long-Term Care Ombudsman shall be notified of the incident of abuse or allegation of abuse .facility shall ensure that alleged violations involving abuse, neglect .are reported to the Tennessee Department of Health, Health Care Facilities Division and Adult Protective Services .all alleged violations are reported immediately, but not later than 2 hours after the allegation is made, if the event that cause the allegation involve abuse or result in bodily injury .24 HOUR TIME LIMIT all alleged violations that do not involve abuse and did not result in serious bodily injury shall be reported no later than 24 hours after the allegation is made . shall report, or cause a report to be made, to the State Agency and one or more law enforcement entities for the political subdivision in which the facility is located, any reasonable suspicion of a crime against any individual who is a resident of, or receiving care from, the facility. The local Police Department is the law enforcement entity for the political subdivision of this facility .Examples of crimes that must be reported in accordance with the Elder Justice Act .rape, Assault and Battery .Sexual Abuse .REPORTING INVESTIGATION RESULTS .Administrator shall report the results of all investigations to the State Agency, within 5 working days of the allegation .
2. Review of medical record revealed Resident #269 was admitted to the facility on [DATE], with diagnoses of Traumatic Brain Injury, Traumatic Subarachnoid Hemorrhage, Muscle Spasms, Anxiety, Attention Deficit Hyperactivity Disorder, Depression, and Schizoaffective Disorder.
Review of Resident #269's admission Minimum Data Set (MDS) dated [DATE], and quarterly MDS dated [DATE], revealed a Brief Interview of Mental Status (BIMS) score of 15 indicating cognitive intact, disorganized thinking present, fluctuates (comes and goes changes in severity, trouble falling asleep or staying asleep and trouble concentrating on things nearly every day, rejection of care occurred 1 to 3 days. Additionally Resident #269 required extensive assistance with transfer, dressing and toilet use, and required 1 person assist and has one side lower extremity impairment and use wheelchair for mobility.
3. Review of the medical record revealed Resident #14 was admitted to the facility on [DATE], with diagnoses of Benign Neoplasm of the Brain, Abnormal Involuntary Movements, Paranoid Schizophrenia, Anxiety Disorder, and Selective Muftis. Resident #14 communicated with others by using pictures, gestures and pre-written words. When questioned, Resident #14 would clap his hands twice if the answer was yes.
Review of the annual MDS dated [DATE], and quarterly MDS dated [DATE], revealed Resident #14 had a BIMS score of 99. According to the MDS Cognitive Skills for Daily Decision-Making resident was rated 2 for was rated as having moderate cognitive impairment Resident required supervision with bed transfer, with dressing, eating, toileting, and personal hygiene, and uses a wheelchair for mobility.
Review of Care Plan dated 12/1/2023, revealed, Resident #14 had diagnoses of Psychotic Disorder/Schizophrenia, Selective Mutism, a Right Temporal Lobe Mass and understood in ability to express ideas and wants. Resident #14 will only speak if God tells him he can with interventions .he [Resident #14] will use hand gestures at times, occasionally will write something down and nod his head yes or no; speech is clear .Has anxiety and depression with interventions to listen to resident and address concerns as need .Self-care deficit - independent to extensive assistance of staff is required with bathing, hygiene, dressing, and grooming R/T [related to] impaired cognition and weakness .
Review of the Medical Record #14 dated 8/20/2022 at 6:05 AM, revealed, . this morning [Resident #14] in hallway waving his arms to get attention. [Resident #14] c/o [complained] of his roommate [Resident #269] ejaculating on his wheelchair and on his shirt . weekend supervisor aware. assisted patient in cleaning off his w/c and changing his shirt .
During an interview on 5/3/23 at 3:45 PM, in Resident #14's room, the resident was sitting in a wheelchair. Resident #14 had a meal ticket belonging to Resident #269. Resident #14 then begin to reenact the incident which occurred on 8/20/2022, by removing his clothing, took off shirt and then pulled down his pants revealing his underwear. Resident #14 stood up by head of bed and began gesturing as masturbating and motioned ejaculation by putting hands over his face and head. Resident motioned that he was asleep when this happened but was awakened by it. Resident#14 went to bedside dresser and retrieved a folded which contained a white pillowcase and a brown paper towel wrapped in clear plastic. Resident #14 unfolded the pillowcase. The pillowcase was observed to have stained a yellowish colored stain. Resident #14 removed the paper towel from the clear plastic and gestured as if he wiped his face. When Resident #14 was asked if the stains on the pillowcase was semen, Resident #14 clapped twice meaning yes. When Resident #14 was asked if he had wiped his face off with the paper towel, Resident #14 clapped twice meaning yes and a thumbs up sign. Resident #14 placed the pillowcase on the bed at the head and spread the pillowcase out and gestured laying his head on the pillowcase with his eyes closed. When Resident #14 was asked if he was asleep when this happened, Resident #14 clapped twice indicating yes. Resident #14 was asked to confirm that one night while sleeping, he was awakened with Resident #269 standing over him naked, masturbating and ejaculating on his face. Resident #14 confirmed by nodding his head up and down and by clapping twice indicating yes. Resident #14 was asked if this had happened before, and Resident #14 clapped twice for yes. Resident #14 then pointed to the month of August on the calendar and gestured that Resident #269 had also ejaculated on his arm and wheelchair. Resident #14 was asked if he had notified staff of the incidences with Resident #269 and, Resident #14 nodded his head up and down indicating yes. Resident #14 pointed to Licensed Practical Nurse (LPN) #3 on a piece of paper and shrugged his shoulder upwards. Resident #14 was asked if the nurse or anyone had talked to him about this incident, and Resident #14 nodded his head back and forth indicating no. Resident #14 attempted to hand the surveyor the stained pillowcase. Resident #14 was asked to place the items back in dresser.
During an interview on 5/4/2023 at 11:00 AM, Resident #14 was sitting in the doorway of his room motioning for this surveyor to come to his room. Resident #14 put 2 hands together in praying motion up to his mouth and stated, I'm speaking to you because God told me it was OK that I could use my voice to tell you what has been going around here. Resident #14 was asked if Resident #269 had sexually abused him in other ways besides ejaculating on him. Resident #14 stated, .[Resident #269] did not stick his penis in my [explicit for buttocks] if that is what you are asking. Resident #14 stated that Resident #269 would masturbate and ejaculate in front of him all the time and would have sex with Resident #60 in the bed with the curtain not drawn. Resident #14 stated, [Resident #269] has ejaculated on me he [Resident #269] masturbated and ejaculated on my shirt and my wheelchair and I have evidence . I told [LPN #3] and she helped me get cleaned up .
Resident #14 has been consistent with his story over the last 8 months.
During a telephone interview on 5/18/2023 at 3:43 PM, LPN #3 stated, . I reported what happened to the weekend supervisor after it happened on 8/20/22 .documented it .I helped [Resident #14] get cleaned up .
During an interview on 5/25/2023 at 12:22 PM, the Administrator stated, .I found out about the incident a couple of days later after I reviewed the clinical notes .I thought he [Resident #269] had ejaculated on the wheelchair and a shirt that was in the wheelchair .I did not interview the nurse or the resident about it .
The facility failed to report the incident to the State Agency, the Police Department and APS.
4. Review of the medical record revealed Resident #60 was admitted to the facility on [DATE], with diagnoses of Dementia, Huntington's Disease, Psychotic Disorder, and Anxiety.
Review of the admission MDS dated [DATE], and quarterly MDS dated [DATE], revealed Resident #60 had a BIMS score of 15, which indicated the resident was cognitively intact. Continued review showed Resident #60 had no behaviors, required supervision of staff for ADLs, was unsteady with gait and had spastic movements of extremities.
Review of #60's clinical note dated 11/10/2022, revealed.Staff heard a loud noise staff entered the dining room and found [Resident #60] in a trash can with bottom [buttocks] in trash can and legs and arms hanging out. [Resident #269] was across the room looking out of the doorway. Staff asked [Resident #60] how she got in the trash can. [Resident #60] stated [Resident #269] had put her in the trash can. [Resident #269] was asked if he put [Resident #60] in the trash can and [Resident #269] confirmed he did and said yes . Resident #269's care plan was not updated for interventions.
The facility did not report an incident of abuse involving Resident #269 putting Resident #60 in the trash can after both residents said it was horseplay. The incident was unwitnessed. Staff had to assist Resident #60 out of garbage can. Resident #60 reported Resident #269 placed her in the garbage can. Resident #269 stated to the former risk manager that he put Resident #60 in the garbage can. The facility failed to report the incident after both residents said it was horseplay.
Review of #269's clinical note dated 11/20/2022 revealed .[Resident #269] came in from smoking a cigarette with staff and when he saw his female friend [Resident #60], waiting for him in the lobby .he proceeded to throw a cup hard and hit her in the face with it .CNA witness the occurrence .the two were instructed to separate but did not listen .CN [Charge Nurse] was able to get female resident away from him .
Review of the care plan dated 12/12/2022, through present revealed .Behavioral Symptoms: [Resident #60] has exhibited public sexual behaviors .Info: Consenting residents [Resident #269 and Resident #60] have been noted with sexually inappropriate behaviors in public areas. Education given to resident regarding privacy and respect for roommate during sexual acts .Visitors are to leave room by 9:00 pm. Visits can continue in common areas or dining room Per facility protocol Individuals should be separated at 10:00 pm . Record behaviors on Behavior Tracking Form and/or clinical notes. Monitor pattern of behavior (time of day, precipitating factors, specific staff or situations) .Gently remind that behavior is not appropriate .has history of verbal behavioral symptom directed at others .Diagnosis of Huntington's Disease and Psychosis .Self-care deficit R/T [related to] ambulation, bathing, bed mobility, dressing, eating, hygiene, locomotion, and transfers .
Review of CNA #3's written witness statement dated 12/16/2022, revealed Resident #269 was overheard by CNA #3 verbally threatening Resident #60 saying he would, beat the [expletive] out you [Resident #60] if you don't hurry up and suck my [expletive for penis].
Review of CNA #1's written witness statement dated 12/16/2022, revealed .staff member [CNA #3] intervened, when [Resident #269] began turning over tables, knocking the refreshment off the table in the floor, attempted to turn over linen cart, disrobed and pinned a staff member against the wall and kissed her. Resident #269 had pinned a CNA #1 against the wall and the police and management were notified by staff.
On 12/16/2022, emergency medical services (EMS) transferred Resident #269 to an acute care hospital where Resident # 269 was admitted with diagnoses including Schizophrenia, Psychosis, and Homicidal and Suicidal ideations. On 12/20/2022, Resident #269 was transferred and admitted to an inpatient Psychiatric Hospital.
During a telephone interview on 5/9/2023 at 8:00 AM, CNA #1 was tearful when she stated, .He [Resident #269] knew exactly what he was doing and that's what I told the police . I was afraid .we all wrote statements and interviewed with the ADON about what happened. [Resident #269] was talking ugly to [Resident #60]. [Resident #269] kissed me on the cheek and forehead .I got away from him [Resident #269] I just lost it but the other CNA [CNA #3] helped me get through it. The ADON and Administrator came and talked with me, I gave the police a statement.
During an interview on 5/18/2023 at 1:32 PM, the Administrator stated, . I review the clinical notes daily and I would have been made aware during clinical meeting of behaviors. I did not look at this as abuse. I did not interview staff. I was aware of the incident, but it was not abuse [Resident #269] and [Resident #60] said it was just horseplay.
During an interview on 5/18/23 at 3:00 PM, LPN #4 stated .I called the police first then called the ADON because I was afraid, and management did not like it. The ADON got to the facility and started getting statements and I charted the incident. I told them how he [Resident #269] was talking to [Resident #60] and that is why he got mad.
During an interview on 5/18/23 at 3:21 PM, LPN #5 stated, .On call management was made aware of the incident. The former risk manager knew .there were 2 charge nurses here that separated them and took them to their rooms .
During an interview on 5/24/2023 at 9:00 AM, the former Risk Manager stated .I conducted the investigation and concluded since [Resident #269] stated he was horseplaying it was not abuse .and the cup hit her on the side of head not her face. The former Risk Manager further confirmed interviews were not conducted with the staff or residents that might have witness the incident and that Resident #15 had a BIMS of 15 and knew to throw the cup in the trash does not throw at a person.
During an interview on 5/25/2023 at 12:22 PM, the Administrator confirmed the allegation of physical and verbal abuse between Resident #269 and Resident #60 on 12/16/2022 was not reported. The Administrator stated, .I reviewed the statements from staff and talked with staff the next morning it was not resident to resident .because of staff's response to [Resident #269] it set him off .staff called the police .they have it out for him [Resident #269] .After reviewing the facts [Resident #269] was having a behavior .it was not abuse .The ADON came to facility that night and got statements from staff. I got here and I reviewed them and decided it was not abuse so I did not report it .
The allegations of physical and verbal abuse were not reported to the State Agency or APS.
5. Review of the medical revealed Resident #71 was admitted to the facility on [DATE], with diagnoses of Parkinson's Disease, Bipolar, Delusional Disorders, and Hypertension.
Review of Resident #71's Care Plan dated 8/11/2022, and revised on 11/03/2022, 5/18/2023 and 5/19/2023 revealed Resident #71 had .Parkinson's with interventions .Administer medications as ordered and Assist .[Resident #71] has a Cognitive deficit .with interventions .to encourage .explain .orient and redirect as needed .[Resident #71] had physical behavioral symptoms directed at others .with interventions .record behaviors .remove .allow to calm down .one on one .transfer to another facility for evaluation .
Review of the annual MDS dated [DATE], revealed Resident #71 had a Brief Interview for BIMS score of 00, indicating severely impaired cognition, had wandering behaviors 1 to 3 days, and required supervision for walking. The MDS dated [DATE], revealed Resident #71 had a BIMS score of 03, indicating severely impaired cognition, had no behaviors, not steady but able to stabilize without staff assistance during walking, had diagnoses of Dementia, Parkinson's Disease, and Bipolar.
Review of a clinical note dated 11/27/2022, revealed .LPN #5 and CNA were walking by .witnessed pt [Resident #269] without clothes, sitting in front of his roommate [Resident #71] who had his pants down .Roommate [Resident #71] was removed from the situation and brought to a neutral area .Patient [Resident #71] stated he was touched inappropriately by his roommate [Resident #269] .when asked what happened [Resident #71] he stated down there and pointed to his genital area .Asked if had touched him inappropriately [Resident #71] stated yes .
During an interview on 5/18/23 at 3:21 PM, LPN #5 stated, I documented what he [Resident #71] told me that [Resident #269] had touched him down there pointing at his groin area. LPN #5 stated she had asked Resident #71 if Resident #269 had touched him inappropriately, and Resident #71 had stated, yes. LPN #5 stated, I was called the next morning by the Administrator, and I was told that my charting was incorrect that I had assumed, and I had to alter the note . LPN #5 stated that Resident #71 should have never been placed in the room with Resident #269. LPN #5 stated, I called the ADON and told her what had happened that night and what he [Resident #71] told me. They [Administrator and ADON] wasn't there I documented what he told me and what I saw. I had to write a statement of what I observed.
During an interview on 5/25/2023 at 12:32 PM, the Administrator stated, . after reviewing the clinical note the next day .the nurse [LPN #5] made an assumption and charted what was assumed .[Resident #71] has a BIMS of 0 and staff should not have questioned him. The Administrator was asked if Resident #269 was interviewed and the Administrator stated, no. The Administrator stated, It was not reported because it there was nothing to report. The Administrator confirmed the allegation of physical abuse was not reported to the State Agency, Law Enforcement or APS.
The facility failed to report allegations of sexual, physical, and verbal abuse.
Refer to F600 and F610
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Investigate Abuse
(Tag F0610)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review and interview the facility failed to thoroughly investigate 4 incidents of abuse f...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review and interview the facility failed to thoroughly investigate 4 incidents of abuse for 3 of 12 sampled residents (Residents #14, #60, and #71) reviewed for physical, verbal and sexual abuse. The facility's failure to thoroughly investigate incidents of sexual and physical abuse resulted in Immediate Jeopardy when on 8/20/2022, Resident #14 reported to Licensed Practical Nurse (LPN) #3 that his roommate (Resident #269) had ejaculated on his wheelchair and shirt. The facility did not investigate or complete an incident note. On 11/10/2022, Resident #269 admitted to physical abuse by placing Resident #60 in a trash can. The facility did not thoroughly investigate by failing to interview other staff or resident to substantiated it was horseplay. On 11/20/2022, staff witnessed Resident #269 throw a cup hitting Resident #60 in the face. The facility did not thoroughly investigate the incident after Resident #60 and Resident #269 stated it was horseplay. No statements were obtained from other residents or staff who witnessed the incident. On 12/16/2022, Resident #269 was witnessed by staff to threaten verbally and physical abuse to Resident #60 if sexual acts were not performed. The facility did not investigate this incident as verbal or threatening physical abuse for Resident #60 until 2/3/2023. An investigation was not initiated based on written witness statements obtained by the Administrator and Assistant Director of Nursing (ADON) on 12/16/2022. The allegation of resident abuse was not reported for 2 months after the incident occurred on 2/3/2023. On 11/27/2022, Resident #71 a vulnerable, cognitive impaired resident reported to staff that Resident #269 touched him inappropriately and pointed to his groin area. The facility did not thoroughly investigate this incident as an allegation of abuse. The facility failed to interview other residents and staff, failed to interview Resident #269 regarding the allegation.
Immediate Jeopardy (IJ) is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
The Administrator, the ADON, the Regional Nurse Consultant, and Director of Regional Nurse were notified of the Immediate Jeopardy (IJ) for F-610 during the recertification and complaint investigation on 5/26/2023 at 12:44 PM, in the conference room.
The facility was cited at F-610 at a scope and severity of J, which is Substandard Quality of Care.
The Immediate Jeopardy began on 8/20/2022 and is ongoing.
The findings include:
1. Review of the facility's policy Abuse Prohibition Plan revised 10/24/2022, revealed The facility has a zero -tolerance policy for abuse. Verbal, mental, sexual or physical .The resident shall not be subject to mistreatment, neglect .the facility shall attempt to identify and shall investigate any reported violation or allegation of abuse .Abuse means the willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting in physical harm, pain or mental anguish .The facility must take steps to ensure that the resident is protected from abuse .All staff shall monitor residents and shall be educated regarding how to identify signs and symptoms of abuse. This includes staff to resident abuse and certain resident to resident altercations. Residents shall be monitored for possible signs of abuse. Symptoms that may be an indicator of abuse include .Resident, staff or family report of abuse, suspicious or unexplained bruising; unnecessary fear; Abnormal discharge from body orifices; Inconsistent details by staff regarding how incidents occurred; Physical abuse of a resident observed or reported; Unusual behavior toward staff, residents, family members or visitors .Investigation .the policy of this facility is that reports of abuse, neglect .are promptly and thoroughly investigated .The investigation shall begin immediately .information gathered and the findings/conclusion shall be provided to the Administrator .The individual conducting the investigation shall at a minimum .Review the allegation/incident documentation .Review the Resident's medical record to determine events leading up to the incident .Interview the person(s) reporting the incident .interview any witnesses to the incident .Interview the Resident .Interview staff (members on all shifts)who have had contact with the resident during the period of the alleged incident .Interview the resident's roommate .Interview other residents .the Administrator shall provide to the resident and his or her representative .the results of the investigation .the Administrator shall provide a written report of the results of all abuse allegations and appropriate action to the State Agency .
2. Review of medical record revealed Resident #269 was admitted to the facility on [DATE], with the diagnoses of Traumatic Brain Injury after being hit by a vehicle, Traumatic Subarachnoid Hemorrhage, Muscle Spasms, Fractures of pelvis, left tibia, multiple ribs, Anxiety, Attention Deficit Hyperactivity Disorder, Depression, and Schizoaffective disorder.
Review of Resident #269's admission Minimum Data Set (MDS) dated [DATE], and quarterly MDS dated [DATE], revealed a Brief Interview of Mental Status (BIMS) score of 15 indicating intact cognition, disorganized thinking present, and trouble concentrating on things nearly every day, and rejection of care occurred 1 to 3 days. Resident #269 required extensive assistance with transfer, dressing and toilet use with 1 person assist with one side lower extremity impairment and used a wheelchair for mobility.
Resident #269's care plan dated effective 4/14/2022, revealed Problems .exhibits periods of disorganized thinking /inattention .has trouble concentrating on things such as reading newspaper .Problems .rejects care (taking medication/ injections ADL [activities of daily living] assistance Interventions .notify physician if medication refused seek different form of drug .identify times/approaches/self that result in least resistance/communicate with all care givers .Talk with [Resident #269 ] and family about reasons for refusal of care and potential risk. When care refused, remind of potential risk .coax but do not force compliance .Info: frequently refuses medications. Stated he wants to wean himself off of them .see clinical note and MAR [Medical Administration Record] .
Resident #269's care plan was updated on 10/12/2022, and revealed .Problems .has antipsychotic drugs scheduled; Diagnosis of Adjustment Disorder with Antianxiety and Depression .Interventions .Record behaviors on Behavior Tracking Form and/or clinical notes .Monitor pattern of behavior (time of day, participating factors, specific staff or situations) .Remind [Resident #269] that BEHAVIOR is not appropriate .provide medication as ordered .Remove from situation; allow time to calm down .monitor for side effects of medication .
2. Review of the medical record revealed Resident #14 was admitted to the facility on [DATE], with diagnoses of Benign Neoplasm of the Brain, Abnormal Involuntary Movements, Paranoid Schizophrenia, Anxiety Disorder, and Selective Mutism.
Review of Resident #14's clinical record dated 8/20/2022 at 6:05 AM, revealed .Resident #14 reported to [LPN #3] that his roommate [Resident # 269] ejaculated on his wheelchair and on his shirt and reported the incident to the weekend supervisor . (Resident #14's BIMs was coded as a score of 99 and moderately impaired per the quarterly MDS dated (2/27/2023).
During an interview on 5/25/23 at 12:22 PM, the Administrator stated .I was made aware of this incident with [Resident #14 and Resident #269] several days after it happened .what I was told was he [Resident #269] had ejaculated on a wheelchair .did not go back to that date to do incident report .No event note completed because of finding out later .[Resident #269] room was changed because of the exhibited behaviors .
The facility failed to investigate the allegation of abuse.
3. Review of the medical record revealed Resident #60 was admitted to the facility on [DATE], with diagnoses of Dementia, Huntington's Disease, Psychotic Disorder, and Anxiety.
Review of the admission MDS dated [DATE], and quarterly MDS dated [DATE], revealed Resident #60 had a BIMS score of 15, which indicated intact cognition. Continued review showed Resident #60 had no behaviors, supervision was required for ADLs, was unsteady with gait and had spastic movements of extremities.
Review Resident #60's care plan dated 12/12/2022, revealed, .Behavioral Symptoms: [Resident #60] has exhibited public sexual behaviors .Consenting residents have been noted with sexually inappropriate behaviors in public areas. Education given to resident regarding privacy and respect for roommate during sexual acts .Visitors are to leave room by 9:00 pm. Visits can continue in common areas or dining room Per facility protocol Individuals should be separated at 10:00 pm . Record behaviors on Behavior Tracking Form and/or clinical notes. Monitor pattern of behavior (time of day, precipitating factors, specific staff or situations) .Gently remind that behavior is not appropriate .has history of verbal behavioral symptom directed at others .Diagnosis of Huntington's Disease and Psychosis .Self-care deficit R/T [related to] ambulation, bathing, bed mobility, dressing, eating, hygiene, locomotion, and transfers .
Review of a clinical note dated 11/10/2022, revealed staff found Resident #60 in a garbage can in the dining room. Resident #60 stated Resident #269 had put her there. Resident #269 stated it was just horseplay.
Review of a clinical note dated 11/20/2022, revealed .Staff witnessed [Resident #269] throw a cup hitting Resident #60 in the face .
Review of witness statements of an incident on 12/16/2022, revealed Resident #269 verbally threatened Resident #60, saying he [Resident #269] would beat the [expletive] out you if you don't hurry up and suck my [expletive]. The witness statements were conducted by the Assistant Director of Nursing (ADON) and Administrator with Licensed Practical Nurse (LPN) #4, Certified Nursing Assistant (CNA) #1 and CNA #4.
During an interview on 5/24/2023 at 9:00 AM, the former Risk Manager stated .I conducted the investigation and concluded since [Resident #269] stated he was horseplaying it was not abuse .and the cup hit her [Resident #60] on the side of head not her face .[Resident #60] told me she was not hurt. The former Risk Manager further confirmed interviews were not conducted with the staff or residents who had witnessed the incident and that Resident #269 had a BIMS of 15 and knew to throw the cup in the trash and to not throw at a person.
During an interview on 5/25/2023 at 12:22 PM, the Administrator stated .it was not investigated for abuse .putting her in the garbage can was just horseplay and not willful abuse .she [Resident #60] wanted to continue to see him .
During an interview on 5/25/2023 at 12:22 PM, the ADON stated the incident was not investigated as abuse .it [Resident #269 throwing a cup and hitting her and putting her in the garbage can] was playful .not abuse .we did not get statements from staff or other residents .
During an interview on 5/25/2023 at 12:22 PM, the Administrator stated, nothing was investigated because she [Resident #60] had said it [throwing the cup and hitting her in the face and putting her in the garbage can] was all horseplay. The Administrator confirmed staff or other residents were not interviewed with the incidents of Resident #269 throwing a cup and hitting Resident #60 and Resident #269 putting Resident #60 in the garbage can.
Review of a Facility Reported Incident (FRI) dated February 3, 2023, revealed Resident #60's Court Appointed Conservator had called the facility stating Resident #60 had told church friends that Resident #269 had hit her. The FRI documented that the Administrator had asked Resident #60 if Resident #269 had hit her and Resident #60 had stated yes.
The facility did not investigate allegations of witnessed verbal or physical abuse.
4. Review of the medical revealed Resident #71 was admitted to the facility on [DATE], with diagnoses of Parkinson's Disease, Bipolar, Delusional Disorders, and Hypertension.
Review of Resident #71's Care Plan dated 8/11/2022, and revised on 11/03/2022, 5/18/2023 and 5/19/2023, revealed Resident #71 had .Parkinson's with interventions .Administer medications as ordered .Assist .had .cognitive deficit .with interventions .encourage .explain .orient and redirect as needed .had physical behavioral symptoms directed at others .with interventions .administer medications .record behaviors .remove .allow to calm down .one on one .transfer to another facility for evaluation .
Review of the MDS dated [DATE], revealed Resident #71 had a BIMS score of 00, indicating severely impaired cognition, had wandering behaviors 1 to 3 days, and required supervision for walking. had diagnoses of Dementia, Parkinson's Disease, and Bipolar.
Review of Resident #71 clinical note dated 11/27/2022, revealed .[Resident #71] reported to nurse and certified nursing assistant that he was touched inappropriately by [Resident #269] and pointed to his groin area.
Interview on 5/18/2023 at 3:21 PM, LPN #5 stated .I documented what he [Resident #71] told me but they [Administration] did not like it .I had to write statement stating what I saw not what I was told by [Resident #71]
During an interview on 5/25/2023 at 12:22 PM, the Administrator confirmed the allegation of abuse was not investigated. The Administrator stated the staff should not have asked questions to someone with a BIMS of zero .he [Resident #71] is gay and a cross dresser and he likes to masturbate himself and the nurse [LPN #5] should not have documented that. The Administrator was asked if she had interviewed Resident #269 about what happened. The Administrator stated .no I did not . The Administrator stated, [LPN #5] was asked to change the documentation in the clinical note to reflect what was seen that night not what she assumed .
The facility failed to investigate the allegation of sexual abuse when LPN #5 documented Resident #71 reported that Resident #269 had touched him pointing to his groin area on 11/27/2022.
The facility failed thoroughly investigate allegations of physical, verbal, and sexual abuse after being reported to staff and by staff . The facility did not provide incident reports, investigation and statements from staff or residents after becoming aware.
Refer to F600 and F609.
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0742
(Tag F0742)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation and interview, the facility failed to provide treatment and services ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation and interview, the facility failed to provide treatment and services to effectively manage behaviors and attain the highest practicable mental and psychosocial well-being for 1 of 10 (Resident #269) sampled residents exhibiting behaviors that included sexual, verbal, and physical behaviors. Resident #269 ejaculated on Resident #14's wheelchair and shirt, openly masturbated in common spaces in the facility, openly urinated in public common spaces in front of staff and residents, had sexual relations in room with roommate present and without privacy, touched staff inappropriately, used verbally abusive language, yelled and threw things, shoved staff against the wall, kissed staff, threw a cup hitting Resident #60 in the face, and placed Resident #60 in a trash can. The facility's failure to effectively address Resident #269's behaviors and protect all residents from those behaviors resulted in Immediate Jeopardy.
Immediate Jeopardy (IJ) is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause serious injury, harm, impairment, or death to a resident.
The Administrator, Assistant Director of Nursing(ADON), Regional Nurse Consultant (RNC) and Director of Regional Nurses were notified of the Immediate Jeopardy (IJ) for F-742 during the recert and complaint investigation on 5/26/2023 at 12:44 PM, in the conference room.
The facility was cited Immediate Jeopardy at F-742.
The facility was cited at F-742 at a scope and severity of J, which is Substandard Quality of Care.
The Immediate Jeopardy began on 8/20/2022 and is ongoing.
The findings include:
1. Review of the facility's policy Behavioral Health Services revised 10/24/2022, revealed .to ensure that residents receive necessary behavioral health services .policy of the facility that all residents receive care and services to assist him or her to reach and maintain the highest level of mental and psychosocial functioning highest practicable physical, mental and psychosocial well-being .defined as the highest possible level of functioning and well-being-limited by the individual's recognized pathology and normal aging process. Highest practicable is determined through the comprehensive resident assessment and by recognizing and competently and thoroughly addressing the physical, mental, and psychosocial needs of the individual .Mental disorder is a syndrome characterized by a clinically significant disturbance in an individual's cognition, emotional regulation, or behavior that reflects a dysfunction in the psychological, biological, or developmental process underlying mental functioning. Mental disorders are usually associated with significant distress or disability in social, occupational, or other important activities .Non-pharmacological intervention refers to approaches to care that do not involve medications, generally directed towards stabilizing and/or improving a resident's mental, physical, and psychosocial well-being . Mental and psychosocial adjustment difficulty refers to the development of emotional and/or behavioral symptoms in response to an identifiable stressor(s) that has not been the resident's typical response to stressors in the past or an inability to adjust to stressors as evidenced by chronic emotional and/or behavioral symptoms .Behavioral health encompasses a resident's whole emotional and mental well-being .the prevention and treatment of mental and substance use disorders, psychosocial adjustment difficulty, and trauma or post-traumatic stress disorders .The facility shall consider the acuity of the resident population. This includes residents with mental disorders, psychosocial disorders, .those with a history of trauma and/or post-traumatic stress disorder .the facility will ensure that necessary behavioral health care services are person-centered and reflect the resident's goals for care, while maximizing the resident's dignity, autonomy, privacy, socialization, independence, choice and safety .have interventions that are person-centered, evidence based, culturally competent, trauma-informed, and in accordance with professional standards of practice .provide for meaningful activities which promote engagement and positive meaningful relationships. Residents living with mental health .may require different activities .use pharmacological interventions only when non-pharmacological interventions are ineffective or when clinically indicated .reviewed and revised as needed, such as when interventions are not effective or when the resident experiences a change in condition .care specific to the individual needs of residents that are diagnosed with a mental, psychosocial, or substance use disorder, or other behavioral health conditions .care specific to the individual needs of residents .if the resident does not qualify for specialized services under PASARR [Preadmission Screening and Resident Review], but requires more intensive behavioral health services, the facility must demonstrate reasonable attempts to provide for and/or arrange for such services .pharmacological interventions shall only be used when non-pharmacological interventions are ineffective or when clinically indicated .Residents who exhibit behaviors which could endanger themselves, other residents, or staff may benefit from a behavioral contract to ensure they are receiving appropriate services and interventions to meet their needs. If a behavioral contract is used, it will only be used with residents who have the capacity to understand it .contract only be used as a method of encouraging the resident to follow their plan of care, and not a system of reward and punishment .
2. Review of medical record revealed Resident #269 was admitted to the facility on [DATE], with diagnoses of Traumatic Brain Injury after being hit by a vehicle, Traumatic Subarachnoid Hemorrhage, Muscle Spasms, Fractures of Pelvis, Left Tibia, Multiple Ribs, Anxiety, Attention Deficit Hyperactivity Disorder, Depression, and Schizoaffective disorder.
Review of the Physical Therapy Evaluation and Plan of Treatment dated 4/4/2022, revealed .Clinical Impressions .Patient is noncompliant with weight bearing restrictions and is aware .Patient is moderate independent .
Review of the admission Minimum Data Set (MDS) dated [DATE], revealed a Brief Interview of Mental Status (BIMS) score of 15 indicating Resident #269 was cognitively intact, had disorganized thinking present that fluctuates (comes and goes changes in severity), had trouble falling asleep or staying asleep and had trouble concentrating on things nearly every day, and rejected care. The MDS assessment further revealed Resident #269 required extensive assistance with transfer, dressing and toilet use (with 1 person assist) and used wheelchair for mobility.
Review of the care plan dated 4/13/2022, revealed the following:
List of Problems .exhibits periods of disorganized thinking /inattention .has trouble concentrating on things such as reading newspaper . rejects or resists care (taking medication/ injections ADL [Activities of Daily Living] assistance or eating) .has antipsychotic drugs scheduled .At risk for injuries related to [Resident #269] has diagnosis of Diffuse Traumatic Brain Injury, Subdural Hemorrhage, and Subarachnoid Hematoma .
The Goals included .[Resident #269] will not cause harm or injury to self or others over the next 90 days .Will not have injuries related to manifestations of TBI [Traumatic Brain Injury]
The Interventions included .Assess potential cause(s) for deterioration (lack of sleep, medication change, illness, change in routine/activities) .move [Name of resident #269] to a quiet area for 1 on 1 interactions to reduce stimulation .conduct 1 on 1 visits .encourage visit from family, friends and clergy .use buddy system to increase participation .allow extra time in the morning before starting care/activities .assess for physical causes (pain incontinence, need for flood or water .Identify times/approaches/staff that result in least resistance .notify physician if medication refused .Talk with [Resident #269] and family about reasons for refusal of care and potential risk .When care refused, remind of potential risk Coax but do not force compliance . Record behaviors on Behavior Tracking Form and/or clinical notes .Monitor pattern of behavior (time of day, participating factors, specific staff or situations) .Remind [Resident #269] that BEHAVIOR is not appropriate .provide medication as ordered .Remove from situation; allow time to calm down .monitor for side effects of medication .
Review of the April 2022 Medication Administration Record (MAR) revealed Resident #269 refused medications on 4/1 and 4/2.
Review of a clinical note dated 5/21/2022, revealed .staff observed [Resident #269] in back dining room with [Resident #60] sitting in chairs .penis out and [Resident #60] had her hand on it [penis] .they [Resident #269 and Resident #60] could be seen through the windows on the 400 hall .
Review of a clinical note dated 5/28/2022, revealed .Refused all evening and bedtime medications Resident came out of room walking down hallway only covered in a sheet no underwear or clothing on underneath sheet .redirected instructed to place clothes on .went back to room but did not dress .
Review of the May 2022 MAR revealed Resident #269 refused medications on 5/5 and 5/28.
Review of a clinical note dated 6/7/2022, revealed .Resident entered the nursing station and grabbed 'F' [Female] key .informed this resident he is to use the restroom provided in his room .resident then started walking up the hallway to the front .nurse walked down to resident's bathroom was not occupied .resident had let himself in the bathroom .nurse confronted the resident again to hand the key over once he exited the bathroom .he [Resident #269] dropped the key at my feet and proceeded to the back .
Review of the updated care plan dated 6/27/2022, revealed .Engages in sexual activity w/[with] other female resident [Resident #60] A/O [alert and oriented] consenting adult. Per facility protocol residents are to be separated to individual spaces at 10:00 pm .
Review of a clinical note dated 6/29/2022, revealed .female companion was noted to be in his [Resident #269] room .roommate [Resident #14] alerted staff .the patients' noted to be having an intimate moment .privacy curtained pulled and privacy was provided .
Review of the Psychiatric Initial Visit Note dated 6/29/2022, revealed .Medications .tizanidine [muscle relaxer medication], gabapentin [anticonvulsant and nerve pain medication], Seroquel [antipsychotic medication], alprazolam [sedative] .stable at current dose and/or need more time to see beneficial effects .Dose reduction will cause decompensation of patient .Monitor for changes in Mood and Behavior .
Review of the June 2022 MAR revealed Resident #269 refused medications on 6/2, 6/3 and 6/16.
Review of a clinical note dated 7/4/2022, revealed .late entry resident and female companion [Resident #60] noted to be throwing large amount of toilet paper in toilet .notified by roommate [Resident #14] .stated had done this 3 times in the last week and he had to pluge [plunge] the toilet each time .
Review of a clinical note dated 7/14/2022, revealed .having increase behaviors such as banging the computer across the end of his bed .cursing roommate [Resident #14] .naked in hallway/ painting floors with toothpaste out of ordinary movements body movements
Review of a Psychiatric Note dated 7/25/2022, revealed .Received telephone call 7/14/22 patient with out of character abnormal bizarre behaviors of cursing masturbating in front of staff, wearing sheet and urinating in halls .Order given for Haldol IM [Intramuscular] .Patient reports of not wanting another injection 'it made me feel bad' .He reports of taking his medication with recent change from AM to PM .endorsed he would take it .Medications Tizanidine, gabapentin, Seroquel and alprazolam .
Review of the July 2022 MAR revealed Resident #269 refused medications on 7/2, 7/6, 7/8, 7/20 and 7/30.
Review of a clinical note dated 8/16/2022, revealed .refused all meds .exhibited inappropriate behavior toward CNA [Certified Nursing Assistant] in shower .
Review of a clinical noted dated 8/20/2022, revealed patient up yelling in the hallway .ejaculated on roommates w/c and shirt, throwing things in the room .weekend supervisor spoke with resident .MD called .new order for Ativan [Sedative] and Seroquel [Antipsychotic] patient refused.
Review of a clinical note dated 8/28/2022, revealed .having sex with female resident [Resident #60] .seen having sex in the back dining room .
Review of a clinical note dated 8/30/2022, revealed .having inappropriate sexual relations with Resident #60 while her roommate [Resident #76] was present .roommate [Resident #76] did not approve and was upset .
Review of the August 2022 MAR revealed Resident #269 refused medications on 8/13, 8/14, 8/15, 8/16, 8/17, 8/19, 8/20, 8/22, 8/26 and 8/27.
Review of a clinical note dated 9/9/2022, revealed .put lunch tray in hallway, went into the bathroom had bm [bowel movement], carried it out and placed it on the plate [of the lunch tray he had placed in the hallway] .
Review of a clinical note dated 9/10/2022, revealed .informed by housekeeping resident urinating in his washbasin .yelling at the housekeeper for stealing his basin .proceeded to urinate in the floor .yelled at housekeeper to clean up his mess .seen trying to remove the white pipe under bathroom sink .broke footboard threw in floor .
Review of a clinical note dated 9/13/2022, revealed .up in doorway naked waving for female companion to come to his room
Review of a late entry clinical note dated 9/14/2022, revealed .has increased behaviors .blocking bathroom door and pathway from roommate (Resident #14] .
Review of a Psychiatric Note dated 9/14/2022, revealed .Received telephone call this am for escalating mood and behaviors with order given for Haldol injection .described with sitting in doorway disrobed with declining to move accompanied with blank stare and prior he was flailing arms and disruptive to others with trying to get attention from female resident .he has been disrobing, declining medications and toileting in inappropriate locations .staff further reports of talking when no none is present, delusional thinking and varying sleep patterns of both insomnia and hypersomnia .agrees to utilize injection for mood . Assessment .Schizoaffective disorder, bipolar type (disorder) .
Review of the care plan dated 9/30/2022, revealed .receiving antianxiety drugs on a regular basis; Diagnosis of Anxiety Disorder .Provide quiet atmosphere . Record behavior on Behavior Tracking Form and/or clinical notes . This care plan was updated on 9/30/2022 and revealed Engage [Resident #269] in group/individual activities .
Review of the September 2022, MAR revealed Resident #269 refused medications on 9/1, 9/2, and 9/9.
Review of a clinical note dated 10/2/2022, revealed .found coming out of female patient room at 0200 [2:00 AM] .females in room seemed to be untouched and unharmed .when confronted resident stated I don't know something just came over me .instructed to put on gown and get in bed .
Review of an additional clinical note dated 10/2/2022, revealed .naked in hallway after urinating in doorway across the hall .refusing to keep curtain pulled when female patient visiting .upset being told could not walk around naked .came out in hall and urinated on the floor .
Review of the quarterly MDS dated [DATE], revealed BIMS score of 15 indicating cognitive intact, disorganized thinking present, fluctuates, trouble falling asleep or staying asleep and trouble concentrating on things nearly every day, rejection of care occurred 1 to 3 days. Required extensive assistance with transfer, dressing and toilet use with 1 person assist with one side lower extremity impairment. Used wheelchair for mobility.
Review of the revised care plan dated 10/10/2022, revealed .talks to self/others not present-new onset .Current level of mobility will be maintained within a safe/secure environment . There were no additional interventions in the care plan for this behavior.
Review of a clinical note dated 10/18/2022, revealed .observed resident attempting to touch a female resident's buttocks .because it would make her mad
Review of a Psychiatric Note dated 10/21/2022, revealed . he has been disrobing, declining medications and toileting in inappropriate locations .staff further reports of talking when no none is present, delusional thinking and varying sleep patterns of both insomnia and hypersomnia .agree to medication compliance and personal hygiene . Assessment .schizoaffective disorder, bipolar type .Medications Haldol injection ,Tizanidine, gabapentin, Seroquel and alprazolam .
Review of the October 2022 MAR revealed Resident #269 refused medications on 10/18 and 10/26.
Review of a clinical note dated 11/9/2022, revealed .asking for medication .put medication in cup and patient acted like he took his meds .tossed it to another resident which spoke up and gave it to the nurse .asked why he did that .[Resident #269] stated 'OH DID I DROP SOMETHING' .
Review of the clinical note dated 11/10/2022, revealed [Resident #269] and [Resident #60] were in the facility dining room having sexual behaviors. Staff members had told [Resident #269] that they couldn't do that in the dining room. After hearing a loud noise staff entered the dining room and found [Resident #60] in a garbage can with bottom in trash can and legs and arms hanging out. [Resident #269] was across the room looking out of the doorway. Staff asked [Resident #60] how she got in the trash can. [Resident #60] stated he put me in it. [Resident #269] was asked if he put [Resident #60] in the trash can and he said yes. Resident #269's care plan was not updated for interventions.
Review of a clinical note dated 11/11/2022, revealed .slapped Maintenance man on bottom .urinating in vases and wash basin .bm [bowel movement] under bed and on food tray. urinating in bushes in front of building .
Review of a clinical note dated 11/13/2022, revealed .put BM on his bed and then got upset with staff for changing bed .I was saving it for when I needed, then patient started yelling at roommate .
Review of a clinical note dated 11/14/2022, revealed .sitting in roommates bed eating roommates lunch plate .he plead the 5th .refused gabapentin .
Review of a clinical note dated 11/17/2022, revealed .pt [patient] in front lobby .with only gown on .female friend [Resident #60] sitting in chair next to him .noted to have his left hand under his gown masturbating while female had her head on his left shoulder and moving her right hand towards his private area .redirected by social worker .
Review of a clinical note dated 11/20/2022, revealed .came to front of the building and told two CNA's [Certified Nursing Assistant] 'hey guys I've got something I need you to take care of' patient pulled his gown up and exposed his erect penis to staff and visitors .redirected .
Review of a clinical note dated 11/27/2022, revealed .came out of room place [placed] dishes in floor .ejaculated in his dessert dish in front of this nurse .later in the shift was caught masturbating in front of female companion [Resident #60] .later witnessed by CNA found in back dining room .masturbating while she [Resident #60] watched .
Review of the November 2022 MAR revealed Resident #269 refused medications on 11/21, 11/22, 11/25, 11/28 and 11/29.
Review of a clinical note dated 12/9/2022, revealed .pt [patient] was seen dropping his pants on 300 hall, voiding in middle of the hallway .pt [patient] states 'I don't know what to tell you' .
Review of the December 2022 MAR revealed Resident #269 refused medications on 12/2 and 12/3.
Review of a clinical note dated 12/16/2022, revealed .it was reported that resident [Resident #269] was being ugly and threatening another resident at which point resident became agitated when he discovered behavior had been witnessed .begin to yelling and throwing things .removed companion [Resident #60] from the situation .[Resident #269] became even more agitated . resident had altercation with a staff member, grabbed staff by shoulders and aggressively pushed her up against the wall kissing her on the forehead and cheek. police called and was transported per EMS at 0037 [12:37 AM] . The resident was transported to the hospital.
Review of the care plan dated 12/16/2022, for Resident #269 revealed Problems .behavior status has deteriorated since last assessment having episodes of increased behaviors (exposing self in hallways, voiding, defecating in inappropriate areas, pushing, shoving staff members) .Goal Behavior will stabilize/improve over the next 90 days .Interventions .Document baseline behavior status; monitor /record changes .Assess potential cause(s) for deterioration .
Resident #269 was not readmitted back into the facility and was discharged as of 12/16/2022.
3. Review of the clinical note for Resident #14 dated 8/9/2022, revealed, .Called to patient's room by him waving his arms. He pointed to his room and asked me to go in his room. Once he prayed, pointed to Heaven, and informed me that God wanted him to tell me what he was about to tell me, he began to verbally tell me of complaints of his roommate [Resident #269]. The roommate does not keep as tidy a room as [Resident #14] and this bothers him. Roommate's girlfriend [Resident #60] has been told to not be in the room. However [Resident #14] reports she [Resident #60] has been in there several times the past week and no one attempts to redirect her. Roommate keeps bathroom door open at night and [Resident #14] feels this isn't safe as staff are unable to visualize him and roommate on their rounds. He simply wanted me to chart this to voice his concerns. He stated he does not want any further action at this time .
Review of the clinical note for Resident #14 dated 8/20/2022 at 6:05 AM, revealed . this morning patient in hallway waving his arms to get attention. patient c/o of his roommate [Resident #269] ejaculating in his chair and on his shirt. grievance form filled out. weekend supervisor aware. assisted patient in cleaning off his w/c and changing his shirt .
4. Review of the clinical note for Resident #60 dated 11/10/2022, revealed [Resident #269] and [Resident #60] were in the facility dining room having sexual behaviors. Staff members had told [Resident #269] that they couldn't do that in the dining room. After hearing a loud noise staff entered the dining room and found [Resident #60] in a garbage can with bottom in trash can and legs and arms hanging out. [Resident #269] was across the room looking out of the doorway. Staff asked [Resident #60] how she got in the trash can. [Resident #60] stated he put me in it. [Resident #269] was asked if he put [Resident #60] in the trash can and he said yes.
Review of a clinical note for Resident #60 dated 11/20/2022, revealed .patient [Resident #269] came in from smoking a cigarette with staff and when he saw his female friend [Resident #60], waiting for him in the lobby .he [Resident #269] proceeded to throw a cup hard and hit her in the face with it .CNA [Certified Nursing Assistant] witness the occurrence .the two were instructed to separate but did not listen .CN [Charge Nurse] was able to get female resident away from him .
5. Review of an inactive clinical note for Resident #71 dated 11/27/2022, revealed LPN #5 documented, .writer and CNA were walking by .witnessed pt [Resident #269] without clothes, sitting in front of his roommate [Resident #71] who had his pants down .Roommate [Resident #71] was removed from the situation and brought to a neutral area .Patient [Resident #71] stated he was touched inappropriately by his roommate [Resident #269] .when asked what happened he [Resident #71] stated down there and pointed to his genital area .Asked if [Resident #269] had touched him inappropriately he stated yes . An interview with LPN #5 confirmed that the Administrator instructed the LPN to rewrite this note and it was errored as inactive.
Review of a clinical note for Resident #71 dated 11/27/2022, revealed staff walked past the room and found Resident #269 naked sitting on the bed and Resident #71's pants were down. Resident #71 reported to the staff member that his roommate, Resident #269, was sexually inappropriate with him. Medical record review showed there was no investigation of this incident.
6. Review of a written statement dated 12/16/2022, by CNA #3 revealed on 11/20/2022, staff witnessed Resident #269 throw a cup and hit Resident #60 in the face. Further review of a statement by CNA #3 on 12/16/2022, Resident #269 verbally threatened Resident #60 saying he would beat the [F word expletive] out you if you don't hurry up and suck my [D word expletive]. CNA #3's statement revealed a staff member (CNA #1) intervened on 12/16/2022, and Resident #269 began turning over tables, knocking the refreshment kool-aide off the table in the floor, attempted to turn over linen cart, disrobed and pinned CNA #1 against the wall and kissed her and the police were notified by staff.
7. During an interview on 5/3/23 at 3:45 PM, with Resident #14 in the resident's room, Resident #14 communicated with the surveyor regarding Resident #269. Resident #14 uses pictures, gestures, prewritten words, and [NAME] twice for yes. Resident had a meal ticket belonging to Resident #269 and pointed to Resident #269's name on the meal ticket. Resident #14 then got a calendar and counted out months pointing on calendar. Resident #14 then begin to reenact by removing his clothing, took off shirt and the pulled down his pants revealing his underwear then stood up by head of bed and began gesturing as masturbating and motioned ejaculating putting hands over his face and head. Resident motioned that he was asleep when this happened. Resident#14 went to bedside dresser and retrieved a folded a white pillowcase and brown paper towel wrapped in clear plastic; the resident unfolded the pillowcase. Observations revealed the pillowcase was stained with yellow stains. Resident #14 removed the paper towel from the clear plastic and gestured as if he wiped his face. The surveyor asked Resident #14 if the stains on the pillowcase was semen, Resident #14 clapped twice, indicating the answer was Yes. Resident #14 was asked if he wiped his face with the paper towel, he clapped yes and thumbs up. Resident #14 laid the pillowcase at the head of the bed and spread the pillowcase out and laid his head on it gesturing that he had his eyes closed. The surveyor asked if he asleep when this happened, he clapped twice for yes. The surveyor asked Resident #14 to confirm that one night while he was asleep, he was awakened by (Resident #269) standing over him naked masturbating and ejaculating on your face. Resident #14 confirmed by shaking head yes and clapping twice. The surveyor asked Resident #14 if this had happened before and Resident #14 clapped twice for yes. Resident #14 then pointed to the month of August on the calendar and gestured he [Resident #269] ejaculated on his arm and wheelchair. Resident #14 was asked if he reported this to a staff member when this happen, he nodded yes and pointed to words printed on paper. Resident #14 pointed to LPN #3's name. Resident #14 was asked if anyone ever came back to talk to him about this incident, he nodded, no. Resident #14 attempted to hand surveyor the stained pillowcase, Resident #14 was told to place the items back where he kept them.
During an interview on 5/4/2023 at 11:00 AM, Resident #14 was sitting in the doorway of his room and motioned for this surveyor to come to his room. Resident #14 put 2 hands together in a praying motion up to his mouth and stated, I'm speaking to you cause God told me it was OK, that I could use my voice to tell you what has been going around here. The surveyor asked Resident #14 to clarify information from yesterday and he said, Ok. Asked if Resident #269 had sexually abused him in other ways besides ejaculating on him that night and if it happen more than once. Resident #14 stated that Resident #269 did not stick his penis in my butt hole, if that is what you are asking. He also stated Resident #269 would masturbate and ejaculate in front of him all the time and would be having sex with his girlfriend (Resident #60) in the bed and (Resident #14) the curtain was not closed. He stated that Resident #269 had ejaculated on me and another resident. Resident #14 did not name the other resident but did say Resident #269 masturbated and ejaculated on his (Resident #14) shirt and wheelchair and has evidence. Resident #14 stated he told (name of LPN #3) and she helped him get cleaned up. Resident #14 stated Resident #269 had another woman not (Resident #60) in his bed one night and it was (Resident #53) she came in the room and Resident #269 was lying in the bed naked. Resident #14 stated that Resident #53 came to the room, the curtain was not pulled and she had her hand on his (Resident #269) penis for 35 minutes. I know, I looked at the clock she was stroking it toward her face, she then dropped her pants. She had a diaper on and then the nurse (LPN #3) came in and made them stop. Resident #14 said he didn't know if it was reported or not. Resident #14 stated that Resident #269 had sex with Resident #60 while she (Resident #60) was on her cycle. Resident #14 said she (Resident #60) left the sanitary pad with blood on it and that Resident #14 saved it with the other evidence. Resident #14 said he lived with him Resident #269 for 6 months and staff was aware of his (Resident #269's) behaviors, he (Resident #14) stated, Yes they all know. [The Administrator] gave him [Resident #269] permission to go around and terrorize people. [Resident #269] had the activity plaque from the wall he said [Administrator] gave it to him . Resident #14 stated that (Resident #269) had the authority to terrorize people. Resident #14 was asked who they were and Resident #14 stated the Administrator, ADON and the DON knew about Resident #269 but were not going to do anything. Resident #14 stated that Resident #269 pretty much did what he wanted to and to who he wanted to and they did not want to make him mad. Resident #14 stated, all the nurses and charge nurses would make him put his clothes on all the time, they knew he (Resident #269) was not taking his medications.
During a telephone interview on 5/8/2023 at 1:38 PM with CNA #3, CNA #3 verified that Resident #269 threw a cup and hit Resident #60 in the face.
During a telephone interview on 5/9/2023 at 8:00 AM, CNA #1 was tearful when she stated, .He knew exactly what he was doing and that's what I told the police .I was afraid .[Resident #269] was strong and quick and I could not get myself away from him
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Administration
(Tag F0835)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on review of the Board of Examiners of Nursing Home Administrators (BENHA) Form, the Administrator job description, the Di...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on review of the Board of Examiners of Nursing Home Administrators (BENHA) Form, the Administrator job description, the Director of Nursing Job Description, and the Assistant Director of Nursing job description, policy review, and interview, the facility Administration failed to provide oversight to ensure systems and processes were consistently followed, failed to implement policies and procedures to ensure residents were free from verbal, physical, and sexual abuse, failed to report and investigate all allegations of abuse, and failed to provide appropriate treatment and services for resident behaviors. The Administration's failure to identify, protect, investigate and report abuse allegations resulted in Immediate Jeopardy when on 8/20/2022 Resident #14 reported to a staff member that Resident #268 ejaculated on his chair and on his shirt, on 11/10/22, 11/20/2022 and 12/16/2022 staff reported that Resident #269 was physically and verbally abusive to resident #60, and on 11/27/2022 Resident #71 reported that Resident #269 had inappropriate sexual behaviors toward Resident #71. The Administration's failure to effectively address Resident #269's behaviors resulted in Immediate.
Immediate Jeopardy is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
The Administrator, the Assistant Director of Nursing, the Assistant Director of Nursing 2, the Assistant [NAME] President of Clinical Operations, the Certified Dietary Manager, the Kitchen Supervisor, the Social Services Director, the Housekeeping/Laundry Supervisor, the Maintenance Assistant were notified of the Immediate Jeopardy for F-835 on 6/1/2023 at 6:04 PM, in the conference room.
The facility was cited at F-835 at a scope and severity of J, which is Substandard Quality of Care.
A partial extended survey was conducted from 5/31/2023 through 6/2/2023.
The Immediate Jeopardy began on 8/20/2022 and is ongoing.
The findings include:
1. Review of the BENHA form revealed the facility has had one Administrator in the past 12 months, the Current Administrator, with a hire date of 7/1/2004.
2. The facility's Administrator Job Description revised 9/21/2020 revealed, .responsible for establishing and directing the facility's overall day-to-day operations, both internal and external, and coordinate and maintain compliance to maximize high standards of care to patients .conduct in-service and supervisory training meeting. Meet with personnel as required and scheduled to assist in identifying and correcting issues, and/or the improvement of services .inspect facility and direct repairs/new construction programs .execute purchases of major equipment and supplies for the facility .ensure cognizance of appropriate admission, transfer and discharge of patients .direct various committees of the facility (i.e., care plan, infection control .quality assessment and assurance, etc.) perform routine rounds at routine intervals during all 24 hour shifts to ensure proper care of residents and staff is working efficiently .assist in compliance efforts regarding state and/or federal requirements .monitor procedures to ensure compliance with the state and federal guidelines, laws, regulations and company policies .able to gather and analyze data and reach appropriate conclusion; solve problems in a timely manner. Use logic and reasoning to identify changes in patients' condition to determine the correct plan of action .
Review of the facility's Director of Nursing [DON] Job Description revision date 12/7/2020 revealed, .manage the nursing department and administer the nursing programs in compliance with state and federal regulations .plan, develop, organize, implement, evaluate and direct the Nursing Services Department, as well as related programs and activities, in compliance with rules and regulations governing long term care facilities .and in accordance with facility policy .recognize and respond to changes in residents' conditions and document observations, interviews and outcomes .
Review of the facility's Assistant Director of Nursing [ADON] Job Description revision date 11/2/2020 revealed, .provide nursing services under the direction of the Director of Nursing in accordance with established policies and procedures of the facility, and local, state and federal regulations, to maximize the fulfillment of care-giving needs of the residents .evaluate resident conditions; assist in development of overall care plans for residents .review and re-write care initiatives as directed .assist in facilitating the coordination of nursing services leave with interdisciplinary team. Assist in reviewing, monitoring, intervention and documentation of complaints and grievances from residents, families, visitors and employees. Assist in organizing, managing, reviewing, monitoring, authorizing and administering nursing care functions for residents .participate in various meetings of the facility .quality assessment and assurance .
3. Review of the facility's Abuse Prohibition Plan revised date 10/24/2022 revealed .The facility has a zero -tolerance policy for abuse. Verbal, mental, sexual or physical .the Administrator shall investigate or assign the investigation to designated facility personnel .the investigation shall begin immediately. The information gathered, and the findings/conclusion shall be provided to the Administrator .The administrator shall provide a written report of the results of all abuse investigations and appropriate action taken to the State Agency . Immediately upon receiving a report of alleged abuse, the Administrator, and/or the designee shall coordinate delivery of appropriate medical and/or psychological care and attention. Ensuring safety and well-being of the vulnerable individual are of utmost priority. Safety, security and support of the Resident, their roommate .other Residents with the potential to be affected shall be provided .If the alleged offender is a facility Resident, the staff member shall immediately remove the perpetrator from the situation and another staff member shall stay with the alleged offender and wait for further instruction from Administration. If the situation is an emergent danger to the other Residents, 911 shall be called for immediate assistance . the Administrator or Director of Nursing must be notified immediately of such incident. Delayed reports of abuse incidents or allegations must be reported immediately to the Administrator or Director of Nursing, even though there is a time lapse since the incident occurred. Reporting procedures should be followed as outlined in this policy .Upon receiving reports of physical or sexual abuse, a licensed nurse or physician shall immediately examine the resident. Findings of the examination must be recorded in the resident's medical record. NOTE: If sexual abuse is suspected, the Resident SHALL NOT be bathed, and clothing or linen shall not be washed. No items shall be removed from the area in which the incident occurred. The police shall be called immediately. Upon receiving a report of abuse or allegation of abuse, it may be necessary to remove the resident from the location of the occurrence to ensure their safety and comfort .if indicated, a staff member may be assigned individually to ensure their safety and comfort are maintained .The Administrator shall involve key leadership personnel as necessary to assist with reporting, investigation and follow up. The Administrator shall ensure residents are safe and receiving quality care
Review of the facility's policy Behavioral Health Services revised 10/24/2022, revealed .to ensure that residents receive necessary behavioral health services .all residents receive care and services to assist him or her to reach and maintain the highest level of mental and psychosocial functioning highest practicable physical, mental and psychosocial well-being .defined as the highest possible level of functioning and well-being-limited by the individual's recognized pathology and normal aging process .Residents living with mental health .may require different activities .use pharmacological interventions only when non-pharmacological interventions are ineffective or when clinically indicated .reviewed and revised as needed, such as when interventions are not effective or when the resident experiences a change in condition .care specific to the individual needs of residents that are diagnosed with a mental, psychosocial, or substance use disorder, or other behavioral health conditions .care specific to the individual needs of residents .if the resident does not qualify for specialized services under PASARR [Preadmission Screening and Resident Review], but requires more intensive behavioral health services, the facility must demonstrate reasonable attempts to provide for and/or arrange for such services .Residents who exhibit behaviors which could endanger themselves, other residents, or staff may benefit from a behavioral contract to ensure they are receiving appropriate services and interventions to meet their needs. If a behavioral contract is used, it will only be used with residents who have the capacity to understand it .contract only be used as a method of encouraging the resident to follow their plan of care, and not a system of reward and punishment .
4. The facility Administration failed to implement policies and procedures to ensure residents were free from abuse, and failed to identify, investigate and report allegations of abuse. On 8/20/2022 Resident #14 reported to a staff member that Resident #269 ejaculated on his chair and on his shirt. On 11/10/22, 11/20/2022 and 12/16/2022 staff reported that Resident #269 was abusive to Resident #60. On 11/27/2022 Resident #71 reported that Resident #269 had inappropriate sexual behaviors toward him (Resident #71).
Refer to F-600, F-609, and F-610.
5. The facility Administration failed to ensure Resident #269's behaviors were effectively addressed to assist in reaching and maintaining their highest level of mental and psychosocial functioning and highest practicable well-being. Resident #269 was admitted to the facility on [DATE] with diagnoses of Traumatic Brain Injury after being hit by a vehicle, Traumatic Subarachnoid Hemorrhage, Muscle Spasms, Fractures of pelvis, Left Tibia, Multiple ribs, Anxiety, Attention Deficit Hyperactivity Disorder, Depression, and Schizoaffective disorder, Resident #269 was discharged from the facility on 12/16/2022.
Between 4/1/2022 and 12/16/2022, Resident #269 exhibited the behaviors of masturbating and ejaculating in common spaces in the facility and his room in view of others, urinated in public common spaces in front of staff and residents, exhibited aggression towards staff and residents, inappropriately touched staff, refused medications, walked the hallway naked, placed his bowel movement in the hallway on his lunch tray, talking to self/others not present, gave his medication to another resident, and asked the facility staff to take care of his erect penis.
Refer to F-742.
6. During an interview on 5/18/2023 at 2:33 PM, with the Administrator regarding Resident #71's allegation, the Administrator stated, . [Resident #71] is gay and a cross dresser with a BIMS of 0 with all kinds of inappropriate behaviors, anyway and the staff was leading [Resident #71] by questioning him .they should have noted what they saw not what was said after they asked .[Resident #269] was not interviewed regarding this incident . Further interview revealed the Administrator confirmed she had LPN #5 rewrite the 11/27/2022 clinical note because the staff made an assumption and they shouldn't have interviewed Resident #71 because he had a BIMS of 0.
An interview on was conducted with the Administrator and Assistant Director of Nursing (ADON) on 5/25/2023 at 12:22 PM, regarding Resident #269's behaviors and abuse as follows:
The Administrator confirmed they were aware of the 8/20/2022 incident involving Resident #269 ejaculating semen on Resident #14's wheelchair and shirt on 8/20/2022. The Administrator confirmed that Resident #269 was not moved to another room until a month later on 9/16/2022. The Administrator stated .this [8/20/2022 incident] was a behavior [Resident #269] .and he [Resident #269] was redirected . The Administrator stated, .[Resident #14] was hard to get along with and OCD [obsessive compulsive disorder] . did not want [Resident #269] to be his roommate .they argued all of the time .
The ADON stated, regarding the 11/10/2022 and 11/20/2022 incidents, .after talking to both residents [Residents #269 and #60] we determined the incident was horseplay .a behavior .he hit her on the side of the head .he didn't mean to hit her .
The Administrator stated, .we were redirecting his [Resident #269] behaviors .undressing and masturbating in public .the incident with [Resident #71] was not investigated because it was a behavior and the nurses charted their opinion of what happened because staff asked [Resident #71] who has a BIMS of 0 leading questions .they were making an assumption .
When asked about the 12/16/2022 incident the Administrator stated, .this was not an incident it was a behavior and the police should not have been called because it was resident to staff and the staff had [Resident #269] upset when they had told him to not threaten physical abuse to Resident #60 .he kissed the staff in an apologetic manner .I told [CNA #1] she should have let him act out and maybe it would not have gotten to that point . The ADON stated, .[Resident #269] was throwing a temper tantrum .
The Administrator and ADON confirmed behaviors were not updated for Resident #269 stating that the care plan should have been updated with behaviors or new behaviors. The Administrator and the ADON further confirmed behaviors were not being tracked or trended and did not have Behavior Tracking Forms until putting together the Immediate Jeopardy (IJ) removal plan for the IJs cited during this survey.
During an interview on 6/1/2023 the Administrator was asked about behaviors and what is discussed regarding behaviors. The Administrator stated .I have an agenda that I go by in QAPI [Quality Assurance and Performance Improvement] .Behaviors has not been discussed .we discuss behaviors in our morning meetings .any new behaviors brought up we will try to find the root cause .we look at the documentation in the clinical notes . The Administrator was asked if there was any tracking or trending data related to behaviors. The Administrator stated, .behaviors is going to be added to our agenda and behaviors will be discussed daily and then weekly . The Administrator was asked what was being done when Resident #269's behaviors began to escalate. The Administrator stated .we would depend on psych NP to make recommendations. We tried to go to the shot .[Resident #269] didn't like the way it made him feel and I think the Psych NP recommended some progesterone but it was up to the primary to make that call and I think he refused it anyway .
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, observation, and interview, the facility failed to provide effective housekeeping and maintenance servic...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, observation, and interview, the facility failed to provide effective housekeeping and maintenance services to maintain a sanitary, orderly, and comfortable environment as evidenced by the odor of urine in the 500 Hall hallway and rusty and dirty over bed tables in 1 of 5 hallways (Hallway 500) observed.
The findings include:
1. Review of the facility's policy, titled Residents Rights and Resident Responsibilities, with a revision date of 10/22/2022, revealed, . The resident has a right to a safe clean comfortable and home like environment .
Based on review of the facility's undated Housekeeping Department Overview .Clean .areas that have odors .clean .over bed-tables .deep clean beds . Housekeeping Duties review .Clean and disinfect bedside tables , Housekeeping Outline (Job Responsibilities) review . Housekeepers should then begin cleaning their zone .doing a complete job . specific areas to be clean .patient room furniture . Before end of shift, all areas should be rechecked .
Review of a Housekeeping/Laundry Supervisor job description dated on 11/23/2011 revealed, .implement, evaluate and direct the Housekeeping and Laundry Departments .Assist in housekeeping .Report all incidents .conditions or equipment to Administrator .Make routine rounds .monitor equipment .
Review of an undated Maintenance Supervisor job description, .Conduct regular rounds of the facility to check all maintenance zones to ensure the quality control .and correct or report .damage to the Administrator .
2. Observation in room [ROOM NUMBER] A revealed the following:
On 5/2/2023 at 10:35 AM revealed a plate of food.
On 5/4/2023 at 10:32 AM revealed the over bed table had white food particles and the legs of the over the bed table was dirty and rusty.
On 5/8/2023 at 4:16 PM revealed the top of the over bed table has a shiny, thick, sticky substance on it and the leg and the base of the over bed table was rusty and had a buildup of white grime.
During an observation and interview in room [ROOM NUMBER] A, on 05/11/23 at 10:13 AM, the Maintenance Supervisor confirmed the base of the resident's over bed table was rusty and the top of the over bed table was dirty from spill of liquid.
During an interview on 5/11/23 at 10:20 AM, in room [ROOM NUMBER] A, the Housekeeping Supervisor was asked if the top of the over bed table was dirty. The Housekeeping Supervisor stated, Yes and it is rusty. The Housekeeping Supervisor looked at the base of the resident's over bed table and stated, looks like a buildup of spills, it needs to be cleaned.
During an observation and interview 05/11/23 at 10:24 AM, Housekeeper #1 confirmed that she had cleaned room [ROOM NUMBER] but, did not clean the over bed table.
3. Observations in the 500 Hall revealed the following:
On 5/1/2023 at 11:55 AM, there was a strong odor of urine.
On 5/8/2023 at 9:06 AM and 10:21 AM, there was a strong odor of urine.
On 5/10/2023 at 7:49 AM and 9:50 AM, there was a strong odor of urine.
4. Observations in room [ROOM NUMBER] B revealed the following:
On 5/1/2023 at 11:55 am, the room had a strong odor of urine.
On 5/1/2023 at 3:30 PM, the room had a strong odor of strong urine and the top of the over bed table had food crumbs and a spilled substance lined around the edges.
On 5/2/2023 at 11:20 AM, the over bed table was dirty with crumbs of food.
On 5/2/2023 1:37 PM, the over bed table was dirty and had a dirty bowl and a cup with a white substance in it.
On 5/2/2023 at 4:03 PM, the over bed table was dirty with a sticky, shiny substance and had the same dirty bowl and in the bottom of a dirty cup was a dried up white substance, and an empty [named] restaurant bag.
On 5/4/23 at 10:23 AM, the over bed table had a dirty fork, crumbs of food, and a spilled substance that had a sticky, shiny film.
On 5/8/2023 AT 10:45, on the top of the refrigerator was a plate of food with a roll, mashed potatoes, carrots, and a round red stained food item. The room had a strong odor of urine.
On 5/10/2023 at 7:49 AM and 9:53 AM, there was a strong odor of urine.
During an interview on 5/11/2023 at 9:00 AM, the Assistant Maintenance confirmed the maintenance department is in charge of the replacement on all equipment or furniture in the residents' rooms.
During an interview on 5/11/2023 at 10:08 AM, in room [ROOM NUMBER] B the Maintenance Supervisor was asked to describe the over bed table. The Maintenance Supervisor stated, a rusty over the bed table. Confirmed the top of the over bed table had a round shaped stain on it and the edges of the over bed table was covered with a substance that had dried.
5. During an observation and interview on 5/11/2023 at 10:07 AM, in room [ROOM NUMBER] A, revealed stains on the over bed table. The Maintenance Supervisor confirmed the over bed table needed to be cleaned.
6. During an interview on 05/11/23 at 10:16 AM, in room [ROOM NUMBER] B, the Housekeeping Supervisor and the Maintenance Supervisor confirmed the base of the over bed table was rusty.
During an interview on 05/11/23 at 10:17, in room [ROOM NUMBER] A, the Housekeeping Supervisor confirmed the base of the over bed had a buildup of dirt and needed to be cleaned.
7. During an interview on 5/11/2023 at 9:00, the Assistant Maintenance confirmed the maintenance department is in charge of the replacement on all equipment or furniture in the residents' rooms.
During an interview on 05/11/23 at 9:23 AM, the Housekeeping Supervisor confirmed the housekeepers start cleaning the residents' rooms after breakfast, stop during the times that lunch is served to the residents, and back cleaning after lunch and the housekeepers stop working at until 2:45 PM. The Housekeeper Supervisor was asked what the housekeepers duties are. The Housekeeper Supervisor stated, Get garbage, clean sinks, toilets, bedside tables, over the bed tables, the bed and bed rails and if after 3pm, the CNAs are responsible for housekeeping.
During an interview on 5/30/2023 at 1:37 PM, the Administrator (ADM) was asked who responsible to make rounds in the rooms to ensure that equipment does not need to be replaced. The ADM stated, Maintenance The ADM was asked who is responsible to make rounds in the rooms to ensure the residents' rooms are clean. The ADM stated, Housekeeping Supervisor. The ADM was asked should staff clean dirty over bed tables and remove dirty plates and utensils from the residents' rooms. The ADM stated, Yes. The ADM was asked, should rusty over bed tables be replaced. The ADM stated, repaired or replaced. The ADM was asked, should there be strong smell of urine in the hallway and in residents' rooms. The ADM stated, No, not lingering odor it needs to be for a short term. The ADM was asked, what should staff do when they smell strong urine in the hallway and a resident's room. The ADM stated, investigate and eliminate.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0602
(Tag F0602)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, facility investigation review, and interview, the facility failed to prevent misa...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, facility investigation review, and interview, the facility failed to prevent misappropriation of resident's medication for 1 of 1 (Resident #20) residents reviewed for misappropriation.
The findings include:
1. Review of the facility's Medication Administration: Controlled Medications, policy revised 10/24/2022 revealed, .Controlled substances are stored in a separate compartment of a non-automated dispensing system or other locked storage unit with access limited to approved personnel .All controlled substances (Schedule II, III, IV, V) are accounted for in one of the following ways .on cart/cabinet/refrigerator are sent with a Controlled Drug Receipt/Record/Disposition form .once received .placed in the cart or cabinet and recorded on the Narcotic Control Record .Controlled Substances are stored under double lock until administered to the resident .The Medications delivered are recorded on the Narcotic Drug Record and stored in the controlled drug storage area by the nurse accepting delivery and a licensed witness .Controlled Drug Receipt/Record/Disposition forms are placed in the narcotic record book once verified with the medications and documented as such in the appropriate area on the form .Any discrepancies which cannot be resolved must be reported immediately .The DON, charge nurse, or designee must also report any loss of controlled substances when theft is suspected to the appropriate authorities such as local law enforcement, Drug Enforcement Agency, State Board of Nursing, State Board of Pharmacy and possibly the State Licensure Board for Nursing Home Administrators .Staff may not leave the area until discrepancies are resolved or reported as unresolved discrepancies .
Review of the facility's Medication Administration: Medication, Controlled and Biological Storage, Night/Emergency Box and Backup Pharmacy, policy effective 9/20/2022 revealed .It is the policy of this facility to ensure all medications housed on our premises will be stored in the pharmacy and/or medication rooms .to ensure proper .security .All drugs and biologicals will be stored in locked compartments ( .medication carts, cabinets, drawers, refrigerators, medication rooms) under proper .controls .Only authorized personnel will have access .Schedule II drugs and back up stock of Schedule III, IV, and V medications are stored under double lock and key .Any discrepancies which cannot be resolved must be reported immediately .a thorough investigation will be conducted in the event of a discrepancy in the count .Complete an incident report detailing the discrepancy, steps taken to resolve it, and the names of all licensed staff working when the discrepancy was noted .
2. Review of the medical record revealed Resident #20 was admitted to the facility on [DATE], with diagnoses of Diabetes Mellitus, Acquired Absence of Leg (Left Below the Knee Amputation), Hypertension, Depression, Benign Prostatic Hyperplasia, Peripheral Vascular Disease, and Chronic Obstructive Pulmonary Disease.
Review of Skilled Nursing Visit Note, Plan of Care Narrative note dated 3/23/2023, revealed .Hospice admission .3/23/2023 .Terminal diagnosis .Peripheral vascular disease .
Review of a Controlled Drug Receipt/Record/Disposition form dated 6/28/2023 revealed, .Date Dispensed .6/28/2023 .[for Resident #20] .OXYCODONE-APAP 7.5-325MG .Signature of Nurse receiving medication .[signatures of LPN #6 and LPN #7] .MISSING .
Review of the quarterly Minimum Data Set (MDS) dated [DATE], revealed Resident #20 was assessed with a Brief Interview for Mental Status score of 14, indicating Resident #20 was cognitively intact, required extensive assistance to total assistance with Activities of Daily Living, had Range of Motion Limitation (ROM) on 1 side of the lower extremities, incontinent of both bowel and bladder, and had active diagnoses of Peripheral Vascular Disease, Acquired Absence of Left Leg Below Knee, and Benign Prostatic Hyperplasia, and was receiving Hospice Services.
Review of the undated Care Plan revealed .receiving Hospice Care .medications as ordered .Administer pain relieving medications as ordered by MD (Medical Doctor) .At risk for pain related to .has diagnosis of BKA (Below Knee Amputation), pressure ulcers .Administer medications as ordered .Monitor pain .Self-care deficit .
Review of a Physician Order Sheet for July 2023, revealed an order start date of 5/30/2023 for Percocet (a highly addictive pain medication with generic name of oxycodone) 7.5 milligrams (mg)/325 mg tablet, take 1 tablet by mouth every 4 hours, as needed.
During an interview on 7/26/2023 at 6:52 PM, LPN #3 stated, Did they tell y'all [you all] about the narcotic card that came up missing. LPN #3 stated that a #30 count oxycodone narcotic card came up missing, that (Name of LPN #6) was the nurse assigned to the hall on the night shift when the narcotic card was discovered missing. LPN #3 stated that LPN #6 got distracted with an emergency and left the #30 count oxycodone narcotic card unlocked, unattended, and in an unlocked and unsecured room.
During an interview on 7/26/2023 at 8:10 PM, the ADON was asked if she was aware of the 30 count card of oxycodone 7.5mg/325mg narcotic card that was missing. The ADON stated the missing narcotic card occurred between the night of 6/28/2023 into the morning of 6/29/2023, she (ADON) received a call from LPN #6 between 5:00-5:30 AM the morning of 6/29/2023 informing that a #30 count narcotic sheet of oxycodone was missing. The ADON stated that LPN #6 and LPN #7 reconciled the medications with pharmacy at approximately 1:00 AM on 6/29/2023. The ADON stated that LPN #6 went back to the 400 hall charting room to check in the medications, got called away on an emergency, left the medications unsecured and unattended in the charting room, when LPN #6 returned to the charting room at approximately 2:00 AM, she (LPN #6) discovered the narcotic card was missing. The ADON stated LPN #6 should have signed in the medication and locked them in the narcotic box on the medication cart or in the medication room before stepping away. The ADON stated the missing narcotics belonged to Resident #20. The ADON stated she arrived at the facility on 6/29/2023 around 6:00 AM, and told staff to remain in the facility, started searching both inside and outside the facility, started drug testing staff, asked for permission to check belongings and vehicles, and obtain staff statements. The ADON confirmed she checked all staff belongings and vehicles except for LPN #7 who left before she could be drug tested. The ADON stated that CNA #10 (agency staff) left the faciity on 6/29/2023 between 2:00 AM - 3:00 AM to search for her missing cell phone and was called back to the facility to be tested and belongings searched. The ADON confirmed the missing #30 count oxycodone narcotic card was not found. The ADON stated when physicians prescribe medications, the medications are resident specific and when medications including narcotics are delivered to the facility they are resident specific.
During an interview on 7/28/2023 at 10:34 AM, the Administrator stated the charting room was not locked and was accessible to anyone at any time before 7/27/2023, when a lock was placed on the door.
During an interview on 7/28/2023 at 11:31 AM, the ADON confirmed that anyone could have had access to the charting room, where the narcotic card went missing. The ADON confirmed narcotics, or any other medications should never be left unsecured and unattended.
During a telephone interview on 7/28/23 1:47 PM, LPN #6 confirmed she was the nurse working the 400 hall and in charge to log the medications in when the #30 count of oxycodone 7.5mg-325mg narcotic medication card was discovered missing on 6/29/2023. LPN #6 stated after receiving the medications from the pharmacy, she returned to the 400/500 hall, entered the charting room to check in the medications, and then CNA #10 entered the charting room and said her cell phone was missing. LPN #6 stated that she went to assist with CNA #10's phone search. LPN #6 stated she discovered the missing narcotic card at approximately 2:00 AM. LPN #6 confirmed the missing narcotic card belonged to Resident #20.
During a telephone interview on 7/28/2023 at 4:42 PM, LPN #7 verified she was working 7p-7am on the front hall on 6/28/2023. LPN #7 stated she and LPN #6 counted medications with the pharmacy delivery driver on 6/29/2023 around 1:00 AM and then returned to their halls to put the medications into count. LPN #7 stated a short time after she went to her hall, she received a call from LPN#6 who told her she had a narcotic card missing. LPN #7 stated they immediately started looking for the missing narcotic card and the card was never found.
During an interview on 7/31/2023 at 9:30 AM, Resident #20 was asked about hospice services and pain. Resident #20 confirmed he was receiving Hospice services. Resident #20 was asked if he received his pain medications as needed. Resident #20 stated he always gets his pain medications when requested. Resident #20 stated he was not informed that his Oxycodone narcotic medications was missing on 6/29/2023.
During an interview on 7/31/2023 at 10:05 AM, the Medical Director stated the facility failed to inform him of the missing #30 count of oxycodone narcotic card and should have been informed of the missing narcotics on 6/29/2023. The Medical Director stated that when medication is ordered it is meant for the resident. The Medical Director was asked if this incident was considered theft misappropriation of a resident's property. The Medical Director stated, Yes.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation, and interview, the facility failed to ensure the Activities of Daily...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, observation, and interview, the facility failed to ensure the Activities of Daily Living (ADL) for incontinent care, nail care, and bathing were provided for 2 of 20 sampled residents (Resident #57 and #266) reviewed for ADL care.
The findings included:
1. Review of the facility's policy titled, Incontinence Skin Care Policy dated 9/13/2022, revealed .Residents who are incontinent will receive appropriate treatment and services .
Review of the facility's policy titled, Activities of Daily Living (ADL) dated 3/9/2023, revealed A resident who is unable to carry out activities of daily living shall receive the necessary services to maintain good .hygiene .
2. Review of the medical record revealed Resident #57 was admitted to the facility on [DATE] with diagnoses Type 2 Diabetes, Morbid (Severe) Obesity, and Weakness.
Review of the quarterly assessment dated [DATE], revealed Resident #57 was cognitively intact, required 2 plus staff members for ADL care, required extensive assistance from staff for bed mobility, for personal hygiene, and for toileting, and was always incontinent of bowel and bladder.
Review of the Care Plan dated 7/4/2022, revealed Resident #57 had .Self-care deficit R/T [Related To] .hygiene .with intervention .assist .incontinence .with intervention .clean and dry skin if soiled and wet .
a. Observations in the Resident #57's room on 5/2/2023 at 1:37 PM and 3:30 PM, on 5/2/2023 at 11:20 AM, 1:37 PM, and 4:03 PM, on 5/8/2023 at 9:10 AM, 10:24 AM, and 4:10 PM, revealed Resident #57's fingernails had a buildup of a black substance under them.
During an interview on 5/8/2023 at 10:57 AM, in the resident's room, the Director of Nursing (DON) confirmed Resident #57 had dirty fingernails. The DON stated, they are dirty, they need to be cleaned.
b. Observations in the Resident #57's room on 5/8/2023 at 9:10 AM and 10:24 AM, revealed Resident #57 was soiled with urine and bowel. Approximately sixty percent (60%) of the resident's draw sheet (a sheet placed under the resident to assist with repositioning the resident) was soiled with a brown substance, the incontinent padding was completely soiled with urine and bowel movement, and the mattress was soiled with urine. Further observations revealed outside and inside of the resident's room was a foul odor of urine.
During an interview on 5/8/2023 at 10:38 AM Licensed Practical Nurse (LPN) #2 was asked when the last time was someone looked in on Resident #57. LPN #2 stated, .at 8:00 am, after breakfast .I saw it [soiled draw sheet] at that time . LPN #2 confirmed Resident #57 was soiled with urine at 8:00 am, she asked a CNA at that time to provide incontinent care for Resident #57, and she did not return to the resident's room to ensure the incontinent care had been provided by the CNA.
During an interview on 5/8/2023 at 10:39 AM in Resident #57's room, the DON was asked should Resident #57 lie soiled from lack of incontinent care for 2 hours, on a soiled incontinent brief without being cleaned. The DON stated, No, they should not let him lie wet The DON was asked what should be done if staff offer incontinent care and the resident refuses. The DON stated, they should notify the nurse and try again.
c. Observations in the resident's room on 5/10/2023 at 7:49 AM and 9:53 AM, revealed Resident #57 was in bed lying on a soiled incontinent pad, soiled bed sheet and their fingernails were dirty. Further observation revealed Resident #57 was soiled from the top of their torso to the bottom of their groin and outside and inside of the resident's room was a foul odor of urine.
3. Review of the medical record revealed Resident #266 was admitted to the facility on [DATE] with diagnoses of Osteomyelitis, Congestive Heart Failure, Pleural Effusion, Cirrhosis, Atrial Fibrillation, and Chronic Kidney Disease.
Review of the admission assessment dated [DATE] revealed Resident #266 had moderate cognitive impairment, required extensive assist with bed transfer, toileting, and personal hygiene. Further review revealed the resident was unable to transfer outside of room, had frequent episodes of incontinent of bowel and bladder, and received extensive assistance of staff with bathing.
Review of the Care Plan dated 4/21/2023 revealed .Self-care deficit R/T [related to] ambulation, bathing, bed mobility, dressing, eating, hygiene, locomotion, and transfers Bathing - Bath/Shower [Resident #266] 3 x [times] week/prn [as needed] .alternating days with bed baths .
Review of the ADL Verification Worksheet dated 4/1/2023-4/30/2023, revealed there was no documentation Resident #266 received or refused baths/showers on the following dates: 4/6/2023, 4/7/2023, 4/8/2023, 4/16/2023, 4/17/2023, 4/18/2023, 4/19/2023, and 4/20/2023.
During an interview on 5/17/2023 at 3:08 PM, the Assistant Director of Nursing confirmed there should be daily documentation of whether a resident received a bath or shower or refused to be bathed.
During an interview on 5/17/2023 at 3:55 PM, the Administrator confirmed staff should document daily as to whether some form of bath was given or not.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview, the facility failed to ensure a laboratory test and medication ord...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview, the facility failed to ensure a laboratory test and medication order was implemented for 2 of 5 (Resident #24 and Resident #57) sampled residents during review for unnecessary medications.
The findings include:
1. Review of the facility's policy title, Lab, Radiology, and Other Diagnostic Services dated 1/1/2023, revealed .The facility shall provide or obtain radiology, lab, and other diagnostic services when ordered by a physician .The facility is responsible for timeliness of these services .
Review of the facility's policy titled, Medication Administration, dated 10/24/2022, revealed .Medications shall be administered .per the Physician's Signed Order .medications shall be held for vitals outside of the physicians' prescribed parameters. The MD/NP [Medical Doctor/Nurse Practitioner] shall be notified .
2. Review of the medical record revealed Resident #24 admitted on [DATE] with diagnoses of Type 2 Diabetes Chronic Viral Hepatitis C, Post-Traumatic Stress Disorder, Chronic Obstructive Pulmonary Disease, Hypertension, Chronic Pancreatitis, Seizures Schizoaffective, and Anxiety.
Review of the quarterly assessment dated [DATE], revealed Resident #24 was cognitively intact, had Anxiety, Diabetes, Hypertension, and Seizures.
Review of a Pharmacy Review dated 2/23/2023, revealed CARBAMAZEPINE [a medication to prevent and control seizures] 100 mg BID [two times per day] for seizures. Periodic monitoring of serum carbamazepine level is recommended as well as liver function tests with carbamazepine Please review and consider checking carbamazepine and LFT's [Liver Function Test] every six months .
Review of Resident #24's lab results for 3/2023 and 4/2023 revealed no Carbamazepine levels and no liver function panel results.
During an interview on 5/11/2023 at 1:19 PM, the Assistant Director of Nursing (ADON) stated, the nurse should have put the order in for the lab but did not until 5/2/2023. The ADON confirmed the facility's physician agreed to the recommendation of a serum carbamazepine level and a liver function test every six months on 2/28/2023.
3. Review of the medical record revealed Resident #57 was admitted to the facility on [DATE] with diagnoses Type 2 Diabetes Morbid (Severe) Obesity, Obstructive Sleep Apnea, Anxiety, and Weakness.
Review of the quarterly assessment dated [DATE] revealed Resident #57 was cognitively intact, had diagnoses of Diabetes, Chronic Obstructive Pulmonary Disease, Atrial Fibrillation, and received Insulin 7 of 7 days.
Review of the Care Plan dated 7/4/2022 revealed .Type 2 diabetes .with intervention .medications as ordered .Monitor blood sugar levels per MD order and notify MD of abnormal findings as indicated.
Review of the signed Physician Order for April 2023 revealed and order dated 2/20/2023, Glucose GeL 40 % [ product is used to treat low blood sugar levels] oral gel (1 tube) GEL (GRAM) Oral Notes: If blood sugar is <70 mg/dl [milligrams per deciliter] .Repeat blood sugar check in 15 minutes and if still <70 mg/dl, Repeat Glucose 40% Gel/Orange Juice with Sugar/or Glucagon. Recheck Blood sugar in 15 mins .Notify MD/NP .
Review of the April 2023, Medication Administration Record (MAR) revealed Resident #57's blood sugar level on 4/5/2023 was 30 mg/dl, the provider's order for Glucose Gel to be administered if the resident's blood sugar was less than 70 mg/dl and to notify the Physician or Nurse Practitioner was not followed. Review of the Nurses Notes revealed no documentation that the provider had been notified on 4/5/2023 of Resident #57's blood sugar level of 30.
During an interview on 05/11/23 at 1:26 PM, the Assistant Director of Nursing confirmed that Resident #57's blood sugar was 30 on 4/5/2023, no glucose gel was given, the insulin should not have been given, and the provider was not notified.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, facility investigation review, observations, and interview, the facility failed t...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, facility investigation review, observations, and interview, the facility failed to ensure a safe environment, provide supervision, and oversight to prevent potential accidents and injuries for 4 cognitively impaired residents who reside on the secure unit and who were assessed for having wandering behaviors (Resident #83, #7, #71, and #94) when a white substance identified as methamphetamine (a highly addictive illegal drug) was found by facility staff in Resident #83's room on 6/24/2023 and again on 6/28/2023. On 6/24/2023 at approximately 11:00 AM, the Director of Nursing (DON) was cleaning and found a crystallized white powdery substance rolled up in a $1 dollar bill, later identified as methamphetamine, in the closet of the unoccupied side of Resident #83's room. Four (4) days later on 6/28/2023, 2 white crystallized rock formed substances, in a box labeled baking soda (later identified as methamphetamine), was found in the top of Resident #83's closet with the resident's belongings. The facility's failures placed 4 cognitively impaired residents who resided on the unit and who were assessed for wandering in Immediate Jeopardy.
Immediate Jeopardy (IJ) is a situation in which the provider's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
The Administrator and the Director of Regional Nurses were notified of the Immediate Jeopardy (IJ) for F-689, during the Revisit and complaint investigation on 7/26/2023 at 7:27 PM, in the Training Room.
The facility was cited Immediate Jeopardy at, F-689.
The facility was cited at F-689 at a scope and severity of J, which is Substandard Quality of Care.
The Immediate Jeopardy began on 6/24/2023 and is ongoing.
The findings include:
1. Review of the facility's Drug and Alcohol Policy revised 3/2022, revealed, .the company is committed to the elimination of unlawful drug and alcohol use and abuse in the workplace .Whenever employees are working .are present on company premises or are conducting company-related work .they are prohibited from .Using, possessing, buying, selling, manufacturing, distributing, or dispensing an illegal drug (to include possession of drug paraphernalia) .any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution .
Review of the facility's Elopement and Wandering Patients, with an effective date of 6/21/2022, revealed, .This facility ensures that residents who exhibit wandering behavior and/or are at risk for elopement receive adequate supervision to prevent accidents .
2. Review of the medical record revealed Resident #83 was admitted to the facility on [DATE], with diagnoses of Altered Mental Status, Alzheimer's Disease, Dementia, Depression, Anxiety, Mood Disorder, and Cognitive Communication Deficit.
Review of the quarterly Minimum Data Set, dated [DATE], revealed Resident #83 was assessed with a Brief Interview for Mental Status score of 00, indicating the resident was severely cognitively impaired, and had an active diagnoses of Cognitive Communication Deficit and Delusional Disorder.
Review of the Care Plan revised 3/6/2023, revealed .Confusion, alteration in his thought process related to .dementia . has exhibited Wandering behavior .maintain safe .environment .
Observation of the 100 hall on 7/18/2023 at 3:00 PM, revealed Resident #83 ambulating up and down the hall, stopping and peering into other resident rooms and entering into room [ROOM NUMBER] and laying on the A side bed.
Observation of the 100 hall on 7/21/2023 at 3:30 PM, revealed Resident #83 ambulatory in the hallway standing in the door and peering into Resident #6's room , with Resident #6 yelling for staff to come get him, Resident #83 then walks away and enters into room [ROOM NUMBER] and lays on the bed.
Observation of the 100 hall on 7/24/2023 at 9:00 AM, revealed Resident #9 and #94 ambulating up and down the hallway, and Resident #83 laying on the A side bed in room [ROOM NUMBER].
3. Review of the medical record revealed Resident #7 was admitted to the facility on [DATE], with diagnoses of Alzheimer's, Intracranial Injury, Depression, Reduced Mobility, Dementia, Psychotic Disturbance, Epilepsy, and Dysphagia
Review of the admission MDS dated [DATE], revealed Resident #7 was severely cognitively impaired and was assessed with wandering that significantly impacts and intrudes privacy or activity of others.
Review of Resident #7's Care plan revealed, .exhibited Wandering behavior. Intrudes others' space/rooms, rummages thru their personal belongings. 5/24/2023 Noted wandering and getting in another resident's bed .
4. Review of the medical record revealed Resident #71 was admitted to the facility on [DATE], with the diagnoses of Parkinson's Disease, Neurocognitive Disorder, Unsteadiness on Feet, Delusional Disorder, and Anxiety.
Review of the annual MDS dated [DATE], revealed Resident #71 was assessed with a BIMs of 1, indicating Resident #71 was severely cognitively impaired, and with wandering behaviors that significantly intrude on the privacy or activities of others.
Review of Resident #71's Care plan effective 6/2/2023, revealed, .wanders w/o (without) elopement attempts .
5. Review of the medical record revealed Resident #94 was admitted to the facility on [DATE], with diagnoses of Alzheimer's Disease, Parkinson's Disease, Dementia, and Anxiety.
Review of the quarterly MDS dated [DATE], revealed Resident #94 was assessed as severely cognitively impaired, short and long term memory loss, having wandering behaviors and assessed with active diagnoses of Alzheimer's, Dementia, and Anxiety.
Review of the Care plan dated 1/23/2023 revealed Resident #94 was care planned with wandering behaviors with redirection and alteration in thought process related to Dementia.
6. Review of the facility's investigation dated 6/24/2023 revealed the following:
a. A drug detection test (conducted by a police officer) dated 6/24/2023, confirmed the white substance found in Resident #83's room was Meth/Amphetamine.
b. A handwritten statement dated 6/24/2023 and signed by the RN Supervisor at the time, revealed a small bag with a dollar bill and napkin, when opened it, a crystal-like substance fell out, contained it in a rubber glove. Called the ADON (Assistant Director of Nursing), called the police, spoke with officer, he came and took it for testing; did sweep entire building; tested all staff on hall .
c. A handwritten statement dated 6/24/2023 revealed Laundry Staff #1, Housekeeping Staff #2, LPN #4, Certified Nursing Assistant (CNA) #5, CNA #6, and the Director of Nursing (DON), who was the RN Supervisor at the time, were all drug tested.
d. 100 hall, 200 hall, 300 hall, 400 hall and 500 hall were all searched.
7. Review of the facility's investigation dated 6/28/2023 revealed the following:
a. A drug detection test (conducted by a police officer) dated 6/28/2023, confirmed the white substance found in Resident #83's room was Meth/Amphetamine.
b. An unsigned handwritten statement dated 6/28/2023, revealed, LPN#6, CNA #8, CNA #3, Housekeeper #3, LPN #11, RN #1, Dietary aide #1, and [NAME] #1 were drug tested on [DATE].
c. The DON provided an unsigned handwritten statement dated 6/28/2028, that reflected the 100 hall, 200 hall, 300 hall, 400 hall and 500 halls had all been searched.
d. A unsigned separation notice for CNA #9.
8. During an interview on 7/21/2023 at 1:47 PM, Licensed Practical Nurse (LPN) #1 was asked has there ever been a report of illegal substances found in the facility. LPN #1 stated, .I heard that it occurred .I was told that a nurse was cleaning up a room .when cleaning out the closet in a resident's room, they found a small bag that they thought was methamphetamine, called police and turned over [the small bag thought to be methamphetamine] to them. LPN #1 was asked who found the substance. LPN #1 stated, [Name of RN Supervisor at the time] .it was her who found it in [room of Resident #83] .
During an interview on 7/21/2023 at 2:03 PM, the DON confirmed that an illegal substance was found on the 100 hall in Resident #83's room closet on 6/24/2023. The DON confirmed that the police were called, tested the illegal substance and the substance was identified to be methamphetamine. The DON confirmed that a building sweep [search of the facility] was conducted on 6/24/2023, and only staff working on the 100 hall and staff who came onto the 100 hall, at the time the methamphetamine was found, were drug tested. The DON was asked how you know if anyone else went down that hall other than the staff you tested. The DON confirmed that the investigation was complete. The DON confirmed that no residents had been drug tested as a result of the illegal substance found on the 100 hall on 6/24/2023 and again on 6/28/2023.
During an interview on 7/21/2023 at 2:08 PM, the Administrator confirmed an illegal substance had been found on the 100 hall on 6/24/2023. The Administrator confirmed that it was reported to law enforcement. The Administrator confirmed she only drug tested staff that worked that hall or staff that would have had to enter that hall on that date when the drugs were found.
During an interview on 7/24/2023 at 9:00 AM, LPN#2 was asked if they were aware of an incident where an illegal substance identified as methamphetamine was found on the 100 hall. LPN #2 stated, Which time. LPN #2 was asked if finding an illegal drug in the facility had occurred more than once. LPN #2 stated, You will have to ask management about that. LPN #2 was asked what room the illegal substance was found in the second time. LPN #2 stated, .I was told it was the same room [Resident #83's room] .
During an interview on 7/24/2023 at 9:00 AM, RN #1 confirmed the resident on the A side bed in room [ROOM NUMBER] was Resident #83, and Resident #83 was the only resident in the room. RN #1 confirmed Resident #83 wanders into other rooms and lay on the bed and staff has to redirect him often. RN #1 confirmed Resident #83 is confused, has severe cognitive impairment, and unable to make decisions for himself. RN #1 confirmed that Residents#7, #9, #71, and #94 are wanderers and wander into other resident's rooms.
During an interview on 7/24/2023 at 9:15 AM, the Administrator confirmed no police report was available, and the facility did not drug test any residents related to the 6/24/2023 and 6/28/2023 incidents when the drugs were found in Resident #83's room. The Administrator further stated no residents were tested or assessed to ensure the residents did not come into contact with the illegal substances found on 6/24/2023 and 6/28/2023. Continued interview with the Administrator revealed only the staff assigned on the 100 hall and staff that would have gone onto the hall were drug tested. The Administrator confirmed the DON was the nurse on the 100 hall that found the illegal substance. The Administrator confirmed there were no witness statements included in the facility's investigation. The Administrator confirmed she did not notify Resident #83's family when the illegal substance was found his room.
During an interview on 7/24/2023 at 10:04 AM, the ADON stated the DON called her and informed her that an illegal substance was found on Saturday 6/24/2023, before lunch time. The ADON stated on 6/24/2023, the DON (RN Supervisor at the time) was cleaning out a closet in a resident's room on the 100 hall and found a bag in a box of baking soda that she thought may have been methamphetamine. The ADON confirmed she informed the Administrator, and the Administrator informed her to instruct the nurse to call law enforcement. Continued interview with the ADON revealed on 6/24/2023, law enforcement retrieved the substance, tested it, and determined it was methamphetamine. The ADON stated on 6/24/2023, only staff who worked the 100 Hall and staff who would have been in that hall at the time of the 6/24/2023 incident were drug tested. Continued interview with the ADON revealed the ADON could not verify that all staff that entered the 100 Hall unit on 6/24/2023 had been drug tested. The ADON confirmed she was unsure if any written statements were obtained. The ADON confirmed that Residents #71, #83, and #94 have wandering behaviors and reside on the 100 Hall where the methamphetamine drugs were found.
During an interview on 7/24/2023 at 11:09 AM, the Administrator stated the facility does not have a visitors log and has no means of determining who enters the building or who visits on the 100 hall but did confirm Resident #83 does not have visitors.
During an interview on 7/24/2023 at 11:15 AM, the DON confirmed that the facility has no cameras and there is no way to know fully who may come onto the 100 hall.
During an interview on 7/24/2023 at 11:24 AM, the Police Officer confirmed that he responded to a call at the facility on 6/24/2023 at approximately 1:09 PM, and a call on 6/28/2023 at approximately 1:20 PM, related to unknown substances that were found in a resident's closet. The Police Officer confirmed the substance had been tested by him and was identified as methamphetamine. The Police Officer confirmed that he reported the results to the DON on 6/24/2023 and called the results back to the Administrator on 6/28/2023. The Police Officer stated he was told the substance was found in the closets of the same room on both 6/24/2023 and 6/28/2023.
During a telephone interview on 7/24/2023 at 12:19 PM, the Medical Director confirmed he was informed on 6/24/2023 and on 6/28/2023 when an illegal substance was found in the facility and was aware the illegal substance was methamphetamine.
During an interview on 7/24/2023 at 4:17 PM, LPN #4 stated she was the nurse working 6 AM-6 PM shift on the 100 hall on 6/24/2023 when the illegal substance was found. LPN #4 stated the DON was cleaning out an empty closet in Resident #83's room, came to the 100 hall medication cart with a plastic bag containing a folded dollar bill, a crystal substance, and a crushed white substance. LPN #4 stated CNA #6 stated that looks like meth, she (LPN #4) instructed CNA #6 to go wash her hands and to put on some gloves to clean it up. LPN #4 confirmed the DON took the plastic bag off the hall and made some phone calls. LPN #4 confirmed no other staff other than the staff who came on to the 100 hall were drug tested. LPN #4 confirmed that she was told by the DON that the substance was methamphetamine. LPN #4 confirmed she was not in serviced or educated on what to do if the staff find illegal substance in the facility. LPN #4 confirmed Resident #83 wanders throughout the unit. LPN #4 confirmed she did not notify Resident #83's family of the illegal substance found in the closet in his room. LPN #4 confirmed that when working on the 100 hall and busy with residents, she is not aware of who enters the hall. LPN #4 confirmed she was unaware that the same illegal substance was found 4 days later on 6/28/2023 in the same room in a closet.
During an interview on 7/24/2023 at 4:36 PM, CNA #8 confirmed residents on the 100 hall wander into other residents' room on the 100 hall. CNA #8 confirmed she worked 6 AM to 6 PM shift on 6/24/2023 and had a work assignment on the 100 hall. CNA #8 confirmed the illegal substance was found in Resident #83's room in the closet. CNA #8 confirmed the DON (RN Supervisor at the time of the 6/24/2023 incident) found it, they thought it was a dollar bill at first because it was wrapped in a dollar bill. CNA #8 confirmed she was working on the 300 hall when the found it on 6/28/2023.
During an interview on 7/24/2023 at 4:56 PM, the DON confirmed an illegal substance was found on 6/24/2023 by herself (the RN Supervisor at the time) and again 4 days later on 6/28/2023 by CNA #9 and another CNA the DON was unable to confirm. The DON stated there were no in-services or education provided to the staff on bringing illegal substance onto the facility property when the illegal substance was found on 6/24/2023 or 6/28/2023. The DON confirmed the illegal substance found on 6/24/2023, was in the A side closet (unoccupied side) in Resident #83's room and the same illegal substance found on 6/28/2023, was found in the B side closet that was occupied with Resident #83's belongings.
During an interview on 7/25/2023 at 9:36 AM, CNA #6 confirmed she was assigned to the 100 hall when the illegal substance was found on Saturday, 6/24/2023. CNA #6 confirmed the DON came out into the hall and stated she found a plastic bag with a dollar bill rolled up in it in a box of baking soda. CNA #6 confirmed the DON opened it and a white crystal substance fell out. CNA #6 confirmed it was found in the unoccupied A side closet of Resident #83's room. CNA #6 confirmed no in services or education was provided on what to do if the staff find what appears to be illegal substances in the facility. CNA #6 stated Resident #83 wanders on the unit, in out of other resident rooms. CNA #6 further stated the 100 hall has several wandering residents that include Resident #71 and Resident #94. CNA #6 confirmed that when staff is busy they do not always know who comes onto the hall. CNA #6 confirmed that staff come on the hall, go to the supply room for supplies, nurses are giving medications, CNAs are giving baths and taking care of residents, and sometimes there is no way to know who is coming on the hall.
During an interview on 7/25/2023 at 11:44 AM, LPN #5 stated she was working the 100 hall on 6/28/2023 when the 2nd occurrence of an illegal substance was found. LPN #5 stated the illegal substance was found in Resident #83's room in the B side closet that contained the resident's belongings. LPN #5 stated CNA #3 and CNA #9 took Resident #83 to his room because he was soiled, was looking for clothes in his closet, and CNA #3 saw a box of baking soda with a tissue hanging out from the box. LPN #5 confirmed CNA #3 opened the tissue and found a hard rock like substance and immediately reported it. LPN #5 confirmed that she witnessed 2 rock like substances in the tissue, instructed CNA #3 to wash her hands, and notified the Risk Manager. LPN #5 was asked if the 100 hall had wandering residents that go in and out of rooms or go through others' belongings. LPN #5 confirmed that the presence of an illegal substance is a safety issue and a concern, the LPN stated Resident #83 is confused, not cognitively intact, and pilfers in other resident rooms. LPN #5 stated there was no increased monitoring of vital signs or change in condition was put into place for the wandering residents who may have had access to the illegal substance. LPN #5 confirmed she did not notify Resident #83's family or any other resident families residing on the 100 hall. LPN #5 confirmed that she doesn't always know when staff or visitors come onto the 100 hall if she is busy taking care of residents.
During an interview on 7/25/2023 at 1:28 PM, the Director of Regional Nurses confirmed she was notified on 6/24/2023, when the illegal substance was found on the A side closet in Resident #83's room on the 100 hall. The Director of Regional Nurses stated she was notified by the Administrator on 6/24/2023, reporting a suspicious substance had been found, gave the directive to remove it, call the police, search the facility and initiate drug testing. The Director of Regional Nurses confirmed only the staff assigned to the 100 hall and staff who may have gone onto the 100 hall were drug tested. The Director of Regional Nurses confirmed the DON was the RN Supervisor at the time the illegal substance was found on 6/24/2023. The Director of Regional Nurses confirmed that the building was searched including the B side closet in Resident #83's room. The Director of Regional Nurses confirmed she was present in the facility on 6/28/2023, the 2nd time an illegal substance was found. The Director of Regional Nurses confirmed that CNA #3 and #9 were in Resident #83's closet looking for clothes when they saw a paper sticking up out of a baking soda box, immediately took it to LPN #5, and she (Director of Regional Nurses) and the Risk Manager went onto the hall, removed the paper towel and called law enforcement. The Director of Regional Nurses confirmed no residents were drug tested or assessed for the potential exposure to the illegal substance. The Director of Regional Nurses confirmed she was not aware if family members had been notified. The Director of Regional Nurses confirmed no staff from the 6p-6a or 7p-7a on 6/23/2023 or 6/27/2023 were drug tested or interviewed related to the illegal substance. The Regional Director of Nurses was asked what interventions were put into place to ensure resident safety related to illegal substance being brought into the facility. The Director of Regional Nurses stated, I think our problem was taken care of (when (CNA #9 refused to be tested) because we are making rounds and have found no more since the 28th. The Regional Director of Nurses was asked how the facility is ensuring resident safety. The Director of Regional Nurses stated, Staff know to report any suspicious substance and activity, to report those things, continue room sweeps as part of safety round we are doing. The Director of Regional Nurses confirmed that rounding was already in place as part of the Plan of Correction for the recertification survey but they added the step to look for suspicious contents to the rounding. The Director of Regional Nurses confirmed no resident monitoring was put into place on 6/24/2023 or 6/28/2023 related to the finding of the illegal substance.
During an interview on 7/25/2023 at 3:20 PM, the Administrator confirmed an illegal substance determined to be methamphetamine was found in Resident #83's closet on the 100 hall in the B side closet on 6/28/2023 around lunch time. The Administrator confirmed CNA #3 and CNA #9 found a piece of tissue sticking out of a baking soda box and took it to the nurse. The Administrator confirmed that on 6/28/2023, the illegal substance was found in the same room that it was found in on 6/24/203, but in the opposite closet, on the B side. The Administrator confirmed the B side closet was occupied by Resident #83's belongings. The Administrator confirmed the facility did not notify Resident #83's family. The Administrator confirmed that only staff members that worked the 100 hall and who were known to frequent the hall were tested on both 6/24/23 and 6/28/2023. The Administrator confirmed residents were not assessed to ensure they had not come into contact with the illegal substance. The Administrator was asked to review the investigations for 6/24/2023 and 6/28/2023 and was asked if this was a complete investigation. The Administrator stated, Yes, we instructed staff to look for any suspicious items and our daily rounds are ongoing. The Administrator confirmed no education had been provided related to illegal substances on facility property regarding the 6/24/23 or 6/28/2023 incidents. The Administrator confirmed no family had been notified regarding the illegal substances found on 6/24/2023 or 6/28/2023. The Administrator confirmed there are no cameras in the facility and no visitor sign in logs to indicate who enters the facility or the 100 hall.
During an interview on 7/25/2023 at 6:04 PM, CNA #3 confirmed she was working the 100 hall on 6/28/2023 when the illegal substance was found in Resident #83's closet. CNA #3 confirmed that she and CNA #9 were in the resident's closet looking for clothes when they noticed tissue sticking up from out of a box of baking soda. CNA #3 confirmed they took the tissue down to the nurse and gave it to her. CNA #3 confirmed they told LPN #5 that they found the suspicious substance in the top of Resident #83's closet while looking for his clothes. CNA #3 confirmed CNA #9 refused to be drug tested and walked out of the facility. CNA #3 confirmed she received no education or in-services on illegal substances in the facility.
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A third onsite revisit survey was conducted on 8/14/2023 to 8/16/2023 to validated the Allegation of Compliance (AoC) IJ Removal Plan, received on 8/1/2023 with an IJ Removal date of 7/28/2023, for previous deficiency F-689 cited at a scope and severity of J on 7/31/2023. The surveyor verified the AOC Removal Plan through record review, audit reviews, review of education and sign-in sheets, observations, and interviews for the immediate corrective actions listed below:
The Medical Director was notified of the immediate jeopardy citation regarding F689 on 7/26/23 by the Administrator.
The Surveyor verified and validated onsite through interview with staff and the Medical Director.
All residents were assessed by the Director of Nursing, Assistant Director of Nursing, Staffing Coordinator, and Unit Manager on 7/26/23 for changes in clinical conditions related to the potential ingestion of highly addictive drug substance (illicit substances). No negative findings reported.
The Surveyor verified and validated onsite through record review and interview with staff .
The Drug and Alcohol Policy and Accident and Supervision Policy was reviewed on 07/26/23 by the Administrator, Regional Director of Operations, Regional Nurse Managers, Assistant [NAME] President of Clinical Services/Quality. No revisions to the policies were recommended at this time.
The Surveyor verified and validated onsite through policy review and interview with staff.
Signs were placed on entrance doors by the Assistant Director of Nursing, Staffing Coordinator, and Unit Manager on 7/26/23 alerting No illicit substances are permitted on the premises.
The Surveyor verified and validated onsite through observation and interview with staff.
Resident #83 was assessed by the Medical Director on 7/27/23 with no negative findings.
The Surveyor verified and validated onsite through record review and interview with staff.
All other residents in the facility were assessed by the Medical Director on 7/27/23 with no negative findings.
The Surveyor verified and validated onsite through record review, interview with staff and the Medical Director.
An event note for Resident #83 was completed by the Assistant Director of Nursing on 7/27/23 for the unusual event on 6/24/23 and 6/28/23. Family member was notified of the unusual event(s) on 7/27/23.
The Surveyor verified and validated onsite through medical record review and interview with the ADON and Patient Representative.
A search of facility premises was conducted on 7/27/23 by Director of Nursing, Assistant Director of Nursing, Risk Management Nurse, Unit Manager, Staffing Coordinator, MDS Coordinator, and Maintenance Supervisor for illicit or suspicious substances.
No illicit or suspicious substances were found.
The Surveyor verified and validated onsite through review of facility search sheets and interview with staff.
The environmental/safety committee was revised on 7/27/23 to include: Administrator, Maintenance Supervisor, Housekeeping/Laundry Personnel, Dietary Manager, Director of Nursing or Assistant Director of Nursing, Activity Director, and Social Services. The committee will meet weekly to conduct environmental rounds to include monitoring for illicit substances. Environmental rounds, to include monitoring for illicit substances will be weekly and have assigned persons. The assigned areas are 100, 200, 300, 400 and 500 Hall resident rooms, all other areas that are not resident rooms to include, but not limited to, supply rooms, storage rooms, kitchen, food pantry, utility rooms, janitorial rooms, dining rooms, common areas, and outside grounds. Forms in attachments. Permission to search resident rooms will be obtained prior to search.
The Surveyor verified and validated onsite through review of Environmental / Safety Committee weekly minutes with committee members signatures and assigned rounding sheets and interview with staff members.
A visitor log was developed by the Regional Nurse Manager on 7/27/23 and placed in the front lobby. Visitors will be encouraged to sign in upon entry to the facility. The requested information requested on the log includes, date, visitor name, time in, time out and, who/where visiting. Form in attachments.
The Surveyor verified and validated onsite through observation of the visitor logs and interview with staff.
A Resident Council meeting is scheduled for 7/28/23 by the Social Service and Activity Director regarding: reporting unusual/suspicious substances or activities located on facility premises.
The Surveyor verified and validated onsite through review of Resident Council Minutes and interview with staff and residents.
A checklist was developed by the Regional Nurse Manager on 7/27/23 to aide in the implementation of interventions in regard to identification of illicit substances. The checklist will be initiated by the Charge Nurse upon discovery of illicit substance(s) and completed by Nursing Management (Director of Nursing, Assistant Director of Nursing, Risk Manager, Staffing Coordinator, Unit Manager or Administrator.) The Checklist will assist with directing the staff in investigation and effective interventions if illicit substances are identified. Form in attachments.
The Surveyor verified and validated onsite through review of the checklist and interview with staff.
Staff question initiated by Regional Nurse Management on 7/27/23 -
Do you have any knowledge of any persons bringing suspicious/illicit substances &/or alcoholic beverages or having suspicious activity including recent former employees?
No one answered in the affirmative of the above question.
The Surveyor verified and validated onsite through review of the printed questionnaire, staff answers and signatures and staff interviews.
General Signs & Symptoms of Impairment related to substance use in employees and Signs and symptoms of impairment related to substance use and/or exposure in residents were posted in the nurse charting rooms by the Regional Nurse Manager on 7/27/23.
The Surveyor verified and validated onsite through observation and staff interviews.
Education was initiated by the Director of Nursing for employees on 7/26/23 regarding the facility Drug and Alcohol policy. Education completion will be documented and verified per the Inservice Record by the Administrator, Director of Nursing and Assistant Director of Nursing. After initiation of drug and alcohol policy on 7/26/23 by inservice record, it was added to Relias on 7/27/23 and assigned to all staff for further completion.
The Surveyor verified and validated onsite through review of in-services, review of Relias training roster, and interview with staff.
Education was initiated in the Relias Learning System with all staff on 07/27/23 by the Administrator to employees in reference to the Drug and Alcohol Policy. Education completion will be verified per Relias course completion record by the Administrator, Director of Nursing, and Assistant Director of Nursing.
Agency Staff and facility staff prior to returning to work will be educated in person or verbally via phone at the beginning of the shift by the Administrator, Director of Nursing, Assistant Director of Nursing, Risk Manager, Unit Manager, or Charge Nurse regarding the Drug and Alcohol Policy. Education completion will be documented and verified per the Inservice Record by the Administrator, Director of Nursing, Assistant Director of Nursing, or Risk Manager.
The Surveyor verified and validated onsite through review of in-service record and signature sheets, working schedules and assignment sheets, Relias staff training rosters and assignments, and staff interviews.
Education was initiated with Licensed Clinical S[TRUNCATED]
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, observation, and interview the facility failed to ensure practices to prevent the potential spread of in...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, observation, and interview the facility failed to ensure practices to prevent the potential spread of infection were maintained when 2 of 6 staff members (Registered Nurse (RN #1) and Licensed Practical Nurse (LPN #1) failed to perform hand hygiene. RN #1 failed to perform hand hygiene after providing incontinent care and before medication administration. LPN #1 failed to perform hand hygiene after the disposal of bloody biohazard products.
The findings include:
1. Review of the facility's policy titled, Hand Hygiene, dated 3/1/2023, revealed .Perform hand hygiene after removing gloves .Before preparing or handling medications after handling clean or soiled dressings, linens .After handling items potentially contaminated with blood, body fluids, secretions, or excretions .After assistance with personal body functions .
Review of the facility's policy's titled, Infection Prevention and Control Program, dated 10/24/2022, revealed .Staff shall perform hand hygiene before and after performing resident care procedures .
2. Review of the medical record revealed Resident #57 was admitted to the facility on [DATE] with diagnoses Type 2 Diabetes Morbid (Severe) Obesity, Obstructive Sleep Apnea, Anxiety, and Weakness.
Review of the assessment dated [DATE] revealed Resident #57 was cognitively intact and had Heart Failure, Diabetes, and Depression.
a. Observation on 5/8/2023 at 10:49 AM in Resident #57's room, revealed RN #1 provided incontinent care, removed her gloves, and did not wash her hands before administering medication to Resident #57.
During an interview on 5/8/2023 at 11:20 AM, RN #1 was asked if she should have removed her gloves and washed her hands, after performing incontinent care and before administering medication . RN #1 stated, Yes.
b. Observation on 5/8/2023 at 11:21 AM in Resident #57's room, revealed LPN #1 placed blood soiled linen in a biohazard bag and placed the biohazard bag in the biohazard room.
Observation on 5/8/2023 at 11:26 AM, revealed LPN#1 did not wash her hands after she placed the biohazard bag in the biohazard room.
During an interview on 11:29 AM, LPN #1 was asked should she have washed her hands after handling biohazard products. LPN #1 stated, Yes, I should have.
3. During an interview on 5/8/2023 at 11:30 AM, the Director of Nursing confirmed staff should perform hand hygiene after incontinent care, before medication administration, and after handling blood soiled linen.
1. Review of the facility's policy titled, Hand Hygiene, dated 3/1/2023, revealed .Perform hand hygiene after removing gloves .Before preparing or handling medications after handling clean or soiled dressings, linens .After handling items potentially contaminated with blood, body fluids, secretions, or excretions .After assistance with personal body functions .
Review of the facility's policy's titled, Infection Prevention and Control Program, dated 10/24/2022, revealed .Staff shall perform hand hygiene before and after performing resident care procedures .
2. Review of the medical record revealed Resident #57 was admitted to the facility on [DATE] with diagnoses Type 2 Diabetes Morbid (Severe) Obesity, Obstructive Sleep Apnea, Anxiety, and Weakness.
Review of the quarterly Minimum Data Set, dated [DATE] revealed Resident #57 had a Brief Interview for Mental Status score of 15, indicating intact cognition, had Heart Failure, Diabetes, and Depression.
a. Observation on 5/8/2023 at 10:49 AM in Resident #57's room, revealed RN#1 provided incontinent care, removed her gloves, and did not wash her hands before administering medication to Resident #57.
During an interview on 5/8/2023 at 11:20 AM, RN#1 was asked if she should have removed her gloves and washed her hands, after performing incontinent care and before administering medication . RN #1 stated, Yes.
b. Observation on 5/8/2023 at 11:21 AM in Resident #57's room, revealed LPN #1 placed blood soiled linen in a biohazard bag and placed the biohazard bag in the biohazard room. Observation on 5/8/2023 at 11:26 AM, revealed LPN#1 did not wash her hands after she placed the biohazard bag in the biohazard room.
During an interview on 11:29 AM, LPN #1 was asked should she have washed her hands after handling biohazard products. LPN #1 stated, Yes, I should have.
3. During an interview on 5/8/2023 at 11:30 AM, the Director of Nursing confirmed staff should perform hand hygiene after incontinent care, before medication administration, and after handling blood soiled linen.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0578
(Tag F0578)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview the facility failed to inform of and provide written information re...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on policy review, medical record review, and interview the facility failed to inform of and provide written information regarding residents' rights to formulate an advanced directive for 11 of 20 residents (Residents #8, #22, #24, #43, #47, #54, #57, #60, #79, #259, and #260) sampled for advanced directives.
The findings include:
1. Review of the facility's policy titled, Advance Directives, with a revision date of 10/18/2021, revealed An Advance Directive is a written instruction given by the patient that either appoints another person to make health decisions for the resident or states the resident's health care preferences, or both .The facility representative will discuss and provide written information explaining the Advance Directive Program upon admission to the facility .
2. Review of the medical record revealed Resident #8 was admitted to the facility on [DATE] with diagnoses Obsessive Compulsive Personality Disorder, Paranoid Personality Disorder, and Paraplegia.
Review of the quarterly Minimum Data Set (MDS) dated [DATE], revealed Resident #8 had a Brief Interview for Mental Status (BIMS) score of 99, indicating the resident was unable to complete the interview, to recall, and made decisions regarding tasks of daily life at a modified independent level, had some difficulty in new situations.
Review of the medical record revealed Resident #8 had no advance directive and there was no documentation that upon admission the resident or his legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
3. Review of the medical record revealed Resident #22 was admitted to the facility on [DATE] with diagnoses of Chronic Obstructive Pulmonary Disease, and Seizures.
Review of the quarterly MDS dated [DATE] revealed Resident #22 had short-term and long-term memory problem.
Review of Resident #22's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
4. Review of the medical record revealed Resident #24 was admitted to the facility on [DATE] with diagnoses of Diabetes, Post-Traumatic Stress Disorder, Chronic Obstructive Pulmonary Disease, Hypertension, and Seizures.
Review of the quarterly MDS dated [DATE], revealed Resident #24 had a BIMS score of 15, indicating intact cognition.
Review of Resident #24's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
5. Review of the medical record revealed Resident #43 was admitted to the facility on [DATE] with diagnoses of Bipolar Disorder, Dementia, and Non-traumatic Brain Dysfunction.
Review of the admission MDS dated [DATE], revealed Resident #43's BIMS score of 14, indicating intact cognition.
Review of Resident #43's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
6. Review of the medical record revealed Resident #47 was admitted to the facility on [DATE] with diagnoses of Pneumonia, Acute Embolism, Altered Mental Status.
Review of the admission MDS dated [DATE], revealed Resident #47 had a BIMS score of 5, indicating severe cognitive impairment.
Review of Resident #47's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
7. Review of the medical record revealed Resident #54 was admitted to the facility on [DATE] with diagnoses of Cerebral Infarction, Aphasia, and Cerebral Hemorrhage.
Review of the quarterly MDS dated [DATE] revealed Resident #54 had short-term and long-term memory problem.
Review of Resident #54's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
8. Review of the medical record revealed Resident #57 was admitted to the facility on [DATE] with diagnoses of Type 2 Diabetes, Obstructive Sleep Apnea, and Anxiety.
Review of the quarterly Minimum Data Set (MDS) dated [DATE] revealed Resident #57 BIMS score of 15, indicating intact cognition.
Review of Resident #57's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
9. Review of the medical record revealed Resident #60 was admitted to the facility on [DATE] with of diagnoses Dementia, Huntington's Disease, Psychotic Disorder, and Anxiety.
Review of the quarterly MDS dated [DATE], revealed Resident #60 had a BIMS score of 15, indicating intact cognition.
Review of Resident #60's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
10. Review of the medical record revealed Resident #79 was admitted to the facility on [DATE] with diagnoses of Congestive Heart Failure, Chronic Respiratory Failure, Dysphagia, and Anxiety.
Review of the MDS dated [DATE], revealed Resident #79 had a BIMS score of 12, indicating moderately impaired cognition.
Review of Resident #79's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
11. Review of the medical record review revealed Resident #259 was admitted to the facility on [DATE] with diagnoses of Hypotension, Schizophrenia, Epilepsy, Hallucinations, and Intellectual Disabilities.
Review of the admission MDS dated [DATE], revealed Resident #259 had a BIMS score of 10, indicating moderately impaired cognition.
Review of Resident #259's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
12. Review of the medical record revealed Resident #260 was admitted to the facility on [DATE] with diagnoses of Cerebral Infarction, Pain, Nicotine Dependence, Depression, and Insomnia.
Review of the admission MDS dated [DATE] revealed Resident #260 had a BIMS score of 12, indicating moderately impaired cognition.
Review of Resident #260's medical record revealed there was no advance directive and there was no documentation that upon admission the resident or their legal representative was informed of/or provided written information regarding his right to formulate an advanced directive.
13. During an interview on 5/17/2023 at 9:27 AM, the Regional Nurse Consultant, was asked should all residents have the advanced directive education explained to them on admission. The Regional Nurse Consultant stated, Yes ma'am .
During an interview on 5/25/2025 at 5:56 PM, the Administrator confirmed all residents should be educated, offered and/or have an Advance Directive and proof of the resident's refusal or the resident's Advance Directive should be in the resident's medical record.