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
Abuse Prevention Policies
(Tag F0607)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review the facility failed to implement their written policies and procedures that prohibit and pr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review the facility failed to implement their written policies and procedures that prohibit and prevent abuse and neglect for 1 of 8 residents (CR#1) reviewed for abuse and neglect.
The facility failed to conduct a thorough investigation and report to State Survey agency when CR #1, who was a total care resident, sustained a supra condylar femur fracture and required surgical procedure.
The facility failed to protect CR #1 for over 24 hours while awaiting results of his suspicious injury of unknown origin.
The facility failed to ensure their Abuse/Neglect policy was implemented and effective to prevent the further decline of CR #1.
An Immediate Jeopardy (IJ) situation was identified on 9/8/2023 at 5:37 p.m. While the IJ was removed on 9/12/2023 at 1:09 p.m., the facility remained out of compliance at a scope of isolated with actual harm due to the facility's need to evaluate the effectiveness of the corrective system.
This failure could place residents at risk of serious injuries requiring hospitalization or surgical intervention, and/or death.
Findings Included:
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws. Definitions: Injuries of Unknown origin source: When both criteria are met: the source of the injury was not observed, or the source could not be explained by the resident and the injury is suspicious because of the extent of the injury or the location of the injury (i.e. the injury is located in an area not generally vulnerable to trauma). Protection: First and foremost, the resident/patient will be immediately assessed and removed from any potential harm. The results of all investigations must be reported to the Administrator, designee to the appropriate state agency, as required by state law, within five (5) working days of alleged violation.
Record review of CR #1's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. CR #1 had diagnoses which included: Quadriplegia (paralysis of all four limbs), injury of cervical spinal cord, contracture of left and right hand(condition that causes one or more fingers to bend towards the palm of the hand), contracture of muscle(a fixed tightening of muscle, tendons or ligaments), acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood), flexion deformity(the inability to straighten or extend the knee), stage 4 pressure ulcer on spine(injury to skin and underlying tissue resulting from prolonged pressure on the skin) and epilepsy(disorder of the brain).
Record review of CR #1's quarterly MDS assessment, dated 6/17/23, indicated the following:
Section B0600- Speech clarity- (2) no speech
B0700- Ability to make self-understood (3)-Rarely or never.
B0800- Ability to understand others (3)-Rarely or never
Section C500- Brief Interview of Mental Status was unscored.
Section G0110- Activities of Daily Living (ADL's) included: bathing, toileting, grooming and hygiene) revealed the following:
A. Bed Mobility - total dependence (4) required full staff performance every time during 7-day period with support (2)- (one-person physical assist),
B. Transfer (4-total dependence) support (3) (two-person assist),
C. Walk in room by self- 8 (never happened), toilet use -total dependence (4) support -(1-person assist), Bathing (4-total dependence)- support (1-person assist)
Section G0130- Functional Status revealed CR #1 was dependent - helper did all effort. Resident did none of the effort to complete activity for eating, oral hygiene, toileting hygiene, shower/bathe, upper body dressing, lower body dressing, and putting on or taking off footwear.
Section G0170- Mobility revealed CR #1 was dependent on staff (01) for roll left and right, sit to lying, lying to sitting on side of bed, chair/bed, chair transfer and sit to stand. Code 01- dependent- Helper does all of the effort. Resident did none of the effort to complete the activity. Toilet transfer, car transfer, and walk 10 feet were coded (88) for not attempted due to medical condition or safety concerns.
Section H0300 - Urinary Incontinence revealed CR #1 was (3) always incontinent of bowel and bladder.
Record review of care plan, dated 6/17/23, revealed CR #1 had an ADL self-care performance deficit r/t traumatic brain injury and spinal cord injury. Interventions were transferring required total assistance with mechanical lift and two-person staff assistance and bed mobility required extensive assistance by (2) staff to turn and reposition.
Record review of CR#1 facesheet, careplan dated 6/17/2023 and MDS dated [DATE], revealed that CR#1 had no diagnosis of Osteoarthritis and no care plan interventions for the disease.
Record review of progress note #1, dated 8/1/23 at 6:37 p.m., LVN A wrote: CNA A reported CR #1's knee was swollen, assessed and called MD.
Record review of progress note dated 8/2/23 at 12:01p.m., RN A wrote: Called to follow up with local x-ray company on orders for bilateral patella X-ray and was informed that the order was in dispatch status.
Record review of radiology results for CR #1, dated 8/2/23 at 2:19 p.m., revealed the resident had an impacted acute or subacute fracture of the supracondylar distal femur. Conclusion: Fracture of the distal right femur.
Record review of progress note dated 8/2/23 at 9:34 p.m., revealed the results of the x-ray report showed a fracture femur, MD notified, ordered to send CR#1 to local hospital emergency room.
Record review of progress note dated 8/2/23 at 10:16 p.m., CR#1 was transported to a local hospital via ambulance.
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws. Definitions: Injuries of Unknown origin source: When both criteria are met: the source of the injury was not observed, or the source could not be explained by the resident and the injury is suspicious because of the extent of the injury or the location of the injury (i.e. the injury is located in an area not generally vulnerable to trauma). Protection: First and foremost, the resident/patient will be immediately assessed and removed from any potential harm. The results of all investigations must be reported to the Administrator, designee to the appropriate state agency, as required by state law, within five (5) working days of alleged violation.
Record review of punch detail report dated 8/1/23- 8/4/23 provided by HR revealed that LVN A, CNA A and CNA Z all worked on 8/1, 8/2 and 8/3 and had access to CR#1 for over 24 hours.
Interview with the hospital charge nurse on 8/4/23 at 3:07 p.m., revealed the leg injury caused CR #1 to require a surgical procedure. She said he had a broken right femur, lateral collateral ligament (LCL) repair, washout, and open reduction internal fixation (process of putting pieces of a broken bone into place using surgery). She stated it was in her professional experience as a registered nurse that the resident was not capable of falling out of bed on his own. She said he was not able to move his limbs. She said whatever happened to him took force. She said that she was unable to say if it was abuse. She said the resident had not grimaced or shown any facial expressions since she had been observing him today (8/4/23).
Interview with an anonymous nurse at the local hospital on 8/4/23 at 3:32 pm, revealed her to state that it appears that someone intentionally hurt him. She said, off the record, the charge nurse might not have said that, but everyone that has cared for him at the hospital felt like someone did this to him. She said as a mother this would be very upsetting to her. She said that she felt like he was abused.
Interview with the FM on 8/4/23 at 8:11 p.m., revealed that she received a call from LVN A (8/2/23) concerning CR #1's knee being swollen and later a call from LVN A that the lab results confirmed the resident had a fractured femur. She stated she inquired about what happened to CR #1. She said LVN A stated she was not sure, but the first report of a swollen knee was on 8/1/23. She said LVN A refused to say anymore. She denied talking with any other administration or nursing staff concerning the injury. She said the surgeon told her the longest and strongest bone in the bone was broken along with ligaments in his knee had to be repaired. The FM stated the surgeon said whatever happened to him required force to break his femur. She said that the admitting physician told her that it is difficult to break this bone. She said that she believes that someone at the facility intentionally hurt him, and she is very upset about him being treated in this way.
Interview with the Interim Administrator A on 8/5/23 at 12:11 p.m., revealed he was a traveling Administrator and his 1st day of work at the facility was on 8/3/23. He said that he was just made aware of the incident on 8/3/23. He stated he did not call in an incident to State Agency. He said that the Administrator is responsible for investigating and reporting incidents of unknown origin. However, the DON and ADON can investigate and call in an incident as well. He said that incidents not investigated or reported to State agency can leave residents vulnerable to abuse, neglect or exploitation.
Interview with the Director of Clinical Operations on 8/5/23 at 2:03 p.m., revealed the lab results revealed CR #1 had osteoarthritis and his contractures made him vulnerable to losing bone density and thus could have caused his fracture. She denied investigating the incident of unknown origin because she said that it was not considered suspicious. She denied reporting the incident of unknown origin to the State Agency.
Interview with the DON on 8/5/23 at 2:06 p.m., revealed LVN A reported CR #1's knee was swollen (8/1/23), and a S-Bar was put in on Wednesday (8/2/23) once the results came back and informed them of his fracture. She said the Director of Clinical Operation requested the test be done stat due to his co-morbidities, but they believed his fracture was due to his osteoarthritis. She said he was sent to the emergency room for care. She said there were no reports of CR #1 falling or trauma. She denied an investigation because she said they investigated when an injury was suspicious. She stated she had not called the State Agency because she was not sure if the former Administrator had called it in. She said the Administrator was not the only person who could call in an incident of unknown origin. She said, I guess any nurse could have called the incident in to State agency.
Interview with CNA A on 8/8/23 at 3:23 p.m., revealed she had been off three days prior to 8/1/23. She stated upon her return to work she was doing rounds and noticed CR #1 right knee was swollen. She said it was like a large grapefruit. She said she immediately called LVN A into the room to observe. She said she had not tried to transfer or change the resident. She said she checked his brief to see if the previous shift had changed him and that is when she saw his knee as she pulled back the covers. She denied witnessing him fall or any trauma.
Interview with Interim Administrator B on 9/8/23 at 5:47p.m., revealed her to state that when she first learned about the incident, she was told that CR#1 had co-morbidities that could have caused the injury, but that the DON started an investigation. She stated that she did not think any staff had been suspended.
Subsequent interview with DON on 9/8/23 at 5:50pm, she stated that she did conduct an interview she stated that she did start the investigation process by getting statements from staff. She did not call in CR#1 injury of unknown origin because she said that it was not suspicious. She stated that she should have called it in to the State because now she understands how it was could have been considered suspicious. She denied staff being suspended pending an investigation. She said that she had no evidence to accuse anyone. She stated that she does understand that she was supposed to protect CR#1 while investigating.
Interview with LVN A on 9/10/23 at 12:29pm, revealed her to state that she worked on 8/1 (day CNA reported CR#1 swollen knee), 8/2/23 (day results confirmed fracture) and worked Hall 100 (where CR#1 resided) on both days. She admitted that she had not been sent home or suspended. She was not aware of an investigation, but she said she wrote a statement and documented the progress note as they are required to do.
Subsequent interview with DON on 9/11/23 at 2:10pm, revealed her to state that she started an investigation on 8/2/23, she learned that nobody saw anything and CNA A reported the swelling on 8/1/23. She said no one was suspended. What did she do to protect CR#1 during her investigation she responded, He was already gone, we sent him to the ER after getting the results. She was asked if the same staff (LVNA, CNA A and CNA P had access to CR#1 and she responded, she was not sure without looking at the schedule. But, she should have suspended the CNA that worked overnight 10p-6a(7/31/23), CNA P (worked 6-2pm shift on 8/1 and 8/2) , CNA A (reported the swollen knee 2-10pm shift on 8/2). She was unable to say why she did not protect CR#1 as their policy requires.
Subsequent interview with Interim Administrator B on 9/11/23 at 2:16pm, revealed her to state that she was not working here at the time, but she began an investigation of her own. She stated that because of his osteoarthritis no one suspected abuse. She said that she can understand how this incident could be viewed as suspicious and thus called for a thorough investigation and reporting. She said she would report the incident to State agency immediately.
Interview with HR on 9/11/23 at 2:25pm revealed her to state that she was not informed to suspend any employees due to CR#1's injury. She stated that the ADM or DON would be the two managers that would suspend employees if there was an investigation and determined that staff were going to be investigated. She stated that she had been employed with the company since May 2023.
Record review of the DON's, undated, job description responsibilities states: (1) DON assumes responsibility of facility in absence of Administrator. (2) Works in collaboration with the center; ensures education and understanding by all team members of abuse recognition, protecting and reporting responsibilities; responds swiftly to any allegation of abuse, neglect or misappropriation by protecting, investigating and making any required reporting.
Record review of TULIP on 8/9/23 and 9/9/23 revealed no incident report was found concerning CR #1's injury of unknown origin.
The Interim Administrator B and DON was notified of an Immediate Jeopardy (IJ) on 9/8/2023 at 5:37p.m., due to the above failures, the Interim Administrator B was given a copy of the IJ template and a Plan of Removal (POR) was requested.
The following Plan of Removal submitted by the facility was accepted on 9/9/23 at 3:20pm
Immediate action to ensure residents were not in jeopardy and threat of harm:
On 9/8/23, the Administrator and the DNS immediately took the following actions to address the citation to prevent any additional residents from experiencing an adverse outcome.
On 9/8/23, the DNS and her designee conducted medical record reviews of all residents to identify which residents were interview able verse those that could not be interviewed. BIMS scores were collected to determine those residents that could be interviewed verses those that were considered non interviewable.
On 9/8/23, the DNS and her designees completed physical assessments of all residents with a BIMS score of less than 11 to determine if there was evidence or abuse or injury of unknown origin. Assessments of these resident revealed no such evidence of abuse or injury of unknown origin. Documentation of these assessments was captured on an assessment tool and placed in the survey binder. This action was completed on 9/8/23.
On 9/8/23, the DNS and her designees interviewed each resident with a BIMS of 11 or higher to assure they had not been abused or experienced an injury of unknown origin. Interview of these residents was captured on an interview tool and placed in the survey binder. Neither evidence of abuse nor injury of unknown origin was identified through interviews or body audits. This action was completed on 9/8/23.
If evidence of abuse or injury of unknown origin had been identified, the Administrator would have suspended any accused staff and reported the incidents to the state and law enforcement in accordance with the State law and licensing agency requirements. A detailed investigation would have been prepared and submitted within 5 days of the negative findings.
On 9/8/23, the Regional [NAME] President and the Senior Director of Clinical Operations provided training for the interim administrator and the Director of Nurses regarding abuse identification, protection, conducting a thorough investigation and reporting requirements. This action was completed on 9/8/23.
Following the Adm and DNS training on 9/8/23, training on the center's abuse and neglect policy was initiated by DNS and her designee to include identification of abuse, protections of residents, investigation and reporting requirements. The DNS completed training on the morning of 9/9/23 for all staff that were working on the evening and night shifts. This training will continue until all staff are training. Employees will not be allowed to work until they have received this training.
Facilities Plan to ensure compliance quickly by the following actions:
All federal and State protocols will be followed going forward to include investigating and reporting abuse and injury of unknown origin allegations. The ADM is designated as the Abuse Coordinator . The Administrator was in-serviced on abuse identification, protection, conducting a thorough investigation and reporting requirements by RVP and Senior Director of Clinical Operations. This action was completed on 9/8/23.
On 9/8/23, Residents with BIMS scores of 11 or higher were interviewed by the DNS and her designees to identify in they felt safe and if they had experienced abuse while living at the center. No concerns were identified. These interviews were completed on 9/8/23.
On 9/8/23, the Abuse policy was reviewed by the Regional [NAME] President and the Senior Director of Clinical Operations. This review was completed on 9/8/23. No updates were necessary.
On 9/8/23, Interim Administrator implemented an abuse investigation checklist to ensure investigations will be initiated and completed thoroughly.
On 9/8/23, the DNS and her designee educated all staff on abuse prevention and reporting. This education was completed on 9/8/23. Going forward, any staff that were not present on 9/8/23 will not be allowed to work until they have been trained.
On 9/9/23, the Activities Director will hold a Resident Council meeting in which the residents will be educated on the facility's abuse policies. This council meeting will conclude on 9/9/23.
The Administrator or designee will continue to interview residents with a BIMS score of 11 or greater on a monthly basis to ensure they have not experienced abuse. 5 residents per week will be interviewed for 3 months starting the week of 9/11/23. The Director of Nursing or designee will conduct physical assessments on 5 residents per week with BIMS score of less than 11 to determine if there is evidence of abuse or injury of unknown origin for 3 months starting the week of 9/11/23. The findings of these interviews and physical assessments will be presented in QAPI as a PIP project.
On 9/9/23, the Regional Director of Maintenance will conduct an environmental safety concern assessment of the center. This assessment will be completed by the center's maintenance director or the administrator on a weekly basis for 3 months beginning the week of 9/11/23. The findings of these assessments will be presented in QAPI as a PIP project.
Competency of staff related to the Abuse/Neglect training will be captured by a competency test after each training. These competencies will continue until all are trained and deemed competent.
Monitoring of the plan of removal included the following:
Record review of in-services revealed that abuse, neglect, expliotation, including injuries of unknown origin, turning and repostioning, lift and transfers, customer service, reporting incidents and abuse coordinator acknowledgements were conducted.
Interview with the Interim Administrator B on 9/10/23 at 11:24am, revealed her to state that BIM scores were pulled from MDS and she compared with the census to ensure every resident was either deemed interviewable (BIM score above 11) or required a body audit if BIM score was under 11. She provided a list of the residents that were interviewed and those that they conducted body audits on.
Interview with Activity Director on 9/10/23 at 12:02p.m., revealed her to state that she conducted a resident council meeting with the residents, and none of the residents had any concerns about abuse, neglect or misappropriations. She said that she had a training and in-service on abuse and neglect, professionalism, transfers, smoking policy.
Interview with two housekeepers on 9/10/23 at 12:07p.m., revealed them to state that they had an in-service on abuse, neglect, reporting if they see someone mistreating the residents to report it to the Administrator or DON.
Interview with Maintenance and Regional Maintenance on 9/10/23 at 12:12pm, revealed them to state that on a daily basis they are checking the building for safety hazards such as: fire extinguishers, doors, outlets, hoyer lifts and checking for any safety issues in the facility.
Interviews with CNA's on all three shifts, LVN A, two housekeepers, one floor tech, one MA, two charge nurses and maintenance and they all stated that they had been in-serviced on abuse, neglect and exploitation, reporting abuse and told if they had witnessed abuse they would report it to the Administrator.
The Interim Administrator B was informed the Immediate Jeopardy was removed on 9/12/23 at 1:09pm. The facility remained out of compliance at a severity level of actual harm that is not IJ and a scope of isolated due to the facility's need to evaluate the effectiveness of the corrective systems that were put into place.
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 record review and interview the facility failed to develop and implement policies and procedures for ensuring the repor...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview the facility failed to develop and implement policies and procedures for ensuring the reporting of reasonable suspicion of a crime for 1 (CR #1) of 8 residents who was total care and sustained a femur fracture.
1. The facility failed to thoroughly investigate and report to State Survey agency that CR #1, who was a total care resident, sustained a supra condylar femur fracture and required surgical procedure.On 8/2/23 the resident was sent to the hospital and it was confirmed to be a supracondylar acute or subacute fracture. This suspicious injury of unknown origin should have been reported to the Administrator immediately. Interim Administrator A was not made aware of the incident until 8/3/23 a day later. Meanwhile the staff that had assisted CR#1 continued to work and no investigation was started. Interim Administrator A did not conduct an investigation.
2. The facility failed to ensure all allegations involving abuse, neglect, exploitation, or mistreatment including injuries of unknown origin were reported to State Agency for 1 (CR #1) of 8 reviewed for abuse and neglect.
This failure could have placed 101 residents at risk of abuse and neglect.
An Immediate Jeopardy (IJ) situation was identified on 9/8/2023 at 5:37 p.m. While the IJ was removed on 9/12/2023 at 1:09 p.m., the facility remained out of compliance at a scope of isolated with actual harm due to the facility's need to evaluate the effectiveness of the corrective system.
Findings Included:
Record review of census provided on 8/4/2023, revealed a census of 101 residents.
Record review of CR #1's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. CR #1 had diagnoses which included: Quadriplegia(paralysis of all four limbs), injury of cervical spinal cord, contracture of left and right hand(condition that causes one or more fingers to bend towards the palm of the hand), contracture of muscle(a fixed tightening of muscle, tendons or ligaments), acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood), flexion deformity(the inability to straighten or extend the knee), stage 4 pressure ulcer on spine(injury to skin and underlying tissue resulting from prolonged pressure on the skin) and epilepsy(disorder of the brain).
Record review of CR #1's quarterly MDS assessment, dated 6/17/23, indicated the following:
Section B0600- Speech clarity- (2) no speech
B0700- Ability to make self-understood (3)-Rarely or never.
B0800- Ability to understand others (3)-Rarely or never
Section C500- Brief Interview of Mental Status was unscored.
Section G0110- Activities of Daily Living (ADL's) included: bathing, toileting, grooming and hygiene) revealed the following:
A. Bed Mobility - total dependence (4) required full staff performance every time during 7-day period with support (2)- (one-person physical assist),
B. Transfer (4-total dependence) support (3) (two-person assist),
C. Walk in room by self- 8 (never happened), toilet use -total dependence (4) support -(1-person assist), Bathing (4-total dependence)- support (1-person assist)
Section G0130- Functional Status revealed CR #1 was dependent - helper did all effort. Resident did none of the effort to complete activity for eating, oral hygiene, toileting hygiene, shower/bathe, upper body dressing, lower body dressing, and putting on or taking off footwear.
Section G0170- Mobility revealed CR #1 was dependent on staff (01) for roll left and right, sit to lying, lying to sitting on side of bed, chair/bed, chair transfer and sit to stand. Code 01- dependent- Helper does all of the effort. Resident did none of the effort to complete the activity. Toilet transfer, car transfer, and walk 10 feet were coded (88) for not attempted due to medical condition or safety concerns.
Section H0300 - Urinary Incontinence revealed CR #1 was (3) always incontinent of bowel and bladder.
Record review of care plan, dated 6/17/23, revealed CR #1 had an ADL self-care performance deficit r/t traumatic brain injury and spinal cord injury. Interventions were transferring required total assistance with mechanical lift and two-person staff assistance and bed mobility required extensive assistance by (2) staff to turn and reposition.
Record review of progress note #1, dated 8/1/23 at 6:37 p.m. LVN A wrote: CNA A reported CR #1's knee was swollen, assessed and contracted physician.
Record review of progress note dated 8/2/23 at 12:01p.m., RN A wrote: Called to follow up with local x-ray company on orders for bilateral patella X-ray and was informed that the order was in dispatch status.
Record review of radiology results for CR #1, dated 8/2/23 at 2:19 p.m., revealed the resident had an impacted acute or subacute fracture of the supracondylar distal femur. Conclusion: Fracture of the distal right femur.
Record review of progress note dated 8/2/23 at 9:34 p.m., revealed the results of the x-ray report showed a fracture femur, MD notified, ordered to send CR#1 to local hospital emergency room.
Record review of progress note dated 8/2/23 at 10:16p.m., CR#1 was transported to a local hospital via ambulance.
Record review of CR#1 facesheet, careplan dated 6/17/2023 and MDS dated [DATE], revealed that CR#1 had no diagnosis of Osteoarthritis and no care plan interventions for the disease.
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws. Definitions: Injuries of Unknown origin source: When both criteria are met: the source of the injury was not observed, or the source could not be explained by the resident and the injury is suspicious because of the extent of the injury or the location of the injury (i.e. the injury is located in an area not generally vulnerable to trauma). Protection: First and foremost, the resident/patient will be immediately assessed and removed from any potential harm. The results of all investigations must be reported to the Administrator, designee to the appropriate state agency, as required by state law, within five (5) working days of alleged violation.
Record review of punch detail report dated 8/1/23- 8/4/23 provided by HR revealed that LVN A, CNA A and CNA Z all worked on 8/1, 8/2 and 8/3 and had access to CR#1 for over 24 hours.
Interview with the Interim Administrator A on 8/5/23 at 12:11 p.m., revealed he was a traveling Administrator and his 1st day of work at the facility was on 8/3/23. He said that he was just made aware of the incident on 8/3/23. He stated he did not call in an incident to State Agency. He said that the Administrator is responsible for investigating and reporting incidents of unknown origin. However, the DON and ADON can investigate and call in an incident as well. He said that incidents not investigated or reported to State agency can leave residents vulnerable to abuse, neglect or exploitation.
Interview with the Director of Clinical Operations on 8/5/23 at 2:03 p.m., revealed the lab results revealed CR #1 had osteoarthritis and his contractures made him vulnerable to losing bone density and thus could have caused his fracture. She denied investigating the incident of unknown origin because she said that it was not considered suspicious. She denied reporting the incident of unknown origin to the State Agency.
Interview with the DON on 8/5/23 at 2:06 p.m., revealed LVN A reported CR #1's knee was swollen (8/1/23), and a S-Bar was put in on Wednesday (8/2/23) once the results came back and informed them of his fracture. She said the Director of Clinical Operation requested the test be done stat due to his co-morbidities, but they believed his fracture was due to his osteoarthritis. She said he was sent to the emergency room for care. She said there were no reports of CR #1 falling or trauma. She denied an investigation because she said they investigated when an injury was suspicious. She stated she had not called the State Agency because she was not sure if the former Administrator had called it in. She said the Administrator was not the only person who could call in an incident of unknown origin. She said, I guess any nurse could have called the incident in to State agency.
Interview with CNA A on 8/8/23 at 3:23 p.m., revealed she had been off three days prior to 8/1/23. She stated upon her return to work she was doing rounds and noticed CR #1 right knee was swollen. She said it was like a large grapefruit. She said she immediately called LVN A into the room to observe. She said she had not tried to transfer or change the resident. She said she checked his brief to see if the previous shift had changed him and that is when she saw his knee as she pulled back the covers. She denied witnessing him fall or any trauma.
Interview with Interim Administrator B on 9/8/23 at 5:47 p.m., revealed her to state that when she first learned about the incident, she was told that CR#1 had co-morbidities that could have caused the injury, but that the DON started an investigation. She stated that she did not think any staff had been suspended.
Subsequent interview with DON on 9/8/23 at 5:50 p.m., she stated that she did conduct an interview she stated that she did start the investigation process by getting statements from staff. She did not call in CR#1 injury of unknown origin because she said that it was not suspicious. She stated that she should have called it in to the State because now she understands how it was could have been considered suspicious. She denied staff being suspended pending an investigation. She said that she had no evidence to accuse anyone. She stated that she does understand that she was supposed to protect CR#1 while investigating.
Interview with LVN A on 9/10/23 at 12:29 p.m., revealed her to state that she worked on 8/1 (day CNA reported CR#1 swollen knee), 8/2/23 (day results confirmed fracture) and worked Hall 100 (where CR#1 resided) on both days. She admitted that she had not been sent home or suspended. She was not aware of an investigation, but she said she wrote a statement and documented the progress note as they are required to do.
Subsequent interview with DON on 9/11/23 at 2:10 p.m., revealed her to state that she started an investigation on 8/2/23, she learned that nobody saw anything and CNA A reported the swelling on 8/1/23. She said no one was suspended. What did she do to protect CR#1 during her investigation she responded, He was already gone, we sent him to the ER after getting the results. She was asked if the same staff (LVNA, CNA A and CNA P had access to CR#1 and she responded, she was not sure without looking at the schedule. But, she should have suspended the CNA that worked overnight 10p-6a (7/31/23), CNA P (worked 6-2pm shift on 8/1 and 8/2) , CNA A (reported the swollen knee 2-10pm shift on 8/2). She was unable to say why she did not protect CR#1 as their policy requires.
Subsequent interview with Interim Administrator B on 9/11/23 at 2:16 p.m., revealed her to state that she was not working here at the time, but she began an investigation of her own. She stated that because of his osteoarthritis no one suspected abuse. She said that she can understand how this incident could be viewed as suspicious and thus called for a thorough investigation and reporting. She said she would report the incident to State agency immediately.
Interview with HR on 9/11/23 at 2:25 p.m. revealed her to state that she was not informed to suspend any employees due to CR#1's injury. She stated that the ADM or DON would be the two managers that would suspend employees if there was an investigation and determined that staff were going to be investigated. She stated that she had been employed with the company since May 2023.
Record review of the DON's, undated, job description responsibilities states: (1) DON assumes responsibility of facility in absence of Administrator. (2) Works in collaboration with the center; ensures education and understanding by all team members of abuse recognition, protecting and reporting responsibilities; responds swiftly to any allegation of abuse, neglect or misappropriation by protecting, investigating and making any required reporting.
Record review of TULIP on 8/9/23 and 9/9/23 revealed no incident report was found concerning CR #1's injury of unknown origin.The Interim Administrator B and DON was notified of an Immediate Jeopardy (IJ) on 9/8/2023 at 5:37p.m., due to the above failures, the Interim Administrator B was given a copy of the IJ template, and a Plan of Removal (POR) was requested.
The following Plan of Removal submitted by the facility was accepted on 9/9/23 at 3:20pm
Immediate action to ensure residents were not in jeopardy and threat of harm:
On 9/8/23, the Administrator and the DNS immediately took the following actions to address the citation to prevent any additional residents from experiencing an adverse outcome.
On 9/8/23, the DNS and her designee conducted medical record reviews of all residents to identify which residents were interview able verses those that could not be interviewed. BIMS scores were collected to determine those residents that could be interviewed verses those that were considered non interview able.
On 9/8/23, the DNS and her designees completed physical assessments of all residents with a BIMS score of less than 11 to determine if there was evidence or abuse or injury of unknown origin. Assessments of these resident revealed no such evidence of abuse or injury of unknown origin. Documentation of these assessments was captured on an assessment tool and placed in the survey binder. This action was completed on 9/8/23.
On 9/8/23, the DNS and her designees interviewed each resident with a BIMS of 11 or higher to assure they had not been abused or experienced an injury of unknown origin. Interview of these residents was captured on an interview tool and placed in the survey binder. Neither evidence of abuse nor injury of unknown origin was identified through interviews or body audits. This action was completed on 9/8/23.
If evidence of abuse or injury of unknown origin had been identified, the Administrator would have suspended any accused staff and reported the incidents to the state and law enforcement in accordance with the State law and licensing agency requirements. A detailed investigation would have been conducted and the results submitted within 5 days of the negative findings.
On 9/8/23, the Regional [NAME] President and the Senior Director of Clinical Operations provided training for the interim administrator and the Director of Nurses regarding abuse identification, protection, conducting a thorough investigation and reporting requirements. This action was completed on 9/8/23.
Following the Adm and DNS training on 9/8/23, training on the center's abuse and neglect policy was initiated by DNS and her designee to include identification of abuse, protections of residents, investigation and reporting requirements. The DNS completed training on the morning of 9/9/23 for all staff that were working on the evening and night shifts. This training will continue until all staff are training. Employees will not be allowed to work until they have received this training.
Facilities Plan to ensure compliance quickly by the following actions:
All federal and State protocols will be followed going forward to include investigating and reporting abuse and injury of unknown origin allegations. The ADM is designated as the Abuse Coordinator. The Administrator was in-serviced on abuse identification, protection, conducting a thorough investigation and reporting requirements by RVP and Senior Director of Clinical Operations. This action was completed on 9/8/23.
On 9/8/23, Residents with BIMS scores of 11 or higher were interviewed by the DNS and her designees to identify in they felt safe and if they had experienced abuse while living at the center. No concerns were identified. These interviews were completed on 9/8/23.
On 9/8/23, the Abuse policy was reviewed by the Regional [NAME] President and the Senior Director of Clinical Operations. This review was completed on 9/8/23. No updates were necessary.
On 9/8/23, Interim Administrator implemented an abuse investigation checklist to ensure investigations will be initiated and completed thoroughly.
On 9/8/23, the DNS and her designee educated all staff on abuse prevention and reporting. This education was completed on 9/8/23. Going forward, any staff that were not present on 9/8/23 will not be allowed to work until they have been trained.
On 9/9/23, the Activities Director will hold a Resident Council meeting in which the residents will be educated on the facility's abuse policies. This council meeting will conclude on 9/9/23.
The Administrator or designee will continue to interview residents with a BIMS score of 11 or greater on a monthly basis to ensure they have not experienced abuse. 5 residents per week will be interviewed for 3 months starting the week of 9/11/23. The Director of Nursing or designee will conduct physical assessments on 5 residents per week with BIMS score of less than 11 to determine if there is evidence of abuse or injury of unknown origin for 3 months starting the week of 9/11/23. The findings of these interviews will be presented in QAPI as a PIP project.
On 9/9/23, the Regional Director of Maintenance will conduct an environmental safety concern assessment of the center. This assessment will be completed by the center's maintenance director or the administrator on a weekly basis for 3 months beginning the week of 9/11/23. The findings of these assessments will be presented in QAPI as a PIP project.
Competency of staff related to the Abuse/Neglect training will be captured by a competency test after each training. These competencies will continue until all are trained and deemed competent.
Monitoring of the plan of removal included the following:
Record review of in-services revealed that abuse, neglect, expliotation, including injuries of unknown origin, turning and repostioning, lift and transfers, customer service, reporting incidents and abuse coordinator acknowledgements were conducted.
Interview with the Interim Administrator B on 9/10/23 at 11:24 a.m., revealed her to state that BIM scores were pulled from MDS and she compared with the census to ensure every resident was either deemed interviewable (BIM score above 11) or required a body audit if BIM score was under 11. She provided a list of the residents that were interviewed and those that they conducted body audits on.
Interview with Activity Director on 9/10/23 at 12:02p.m., revealed her to state that she conducted a resident council meeting with the residents, and none of the residents had any concerns about abuse, neglect or misappropriations. She said that she had a training and in-service on abuse and neglect, reporting incidents, professionalism, transfers, smoking policy.
Interview with two housekeepers on 9/10/23 at 12:07p.m., revealed them to state that they had an in-service on abuse, neglect, reporting if they see someone mistreating the residents to report it to the Administrator or DON.
Interview with Maintenance and Regional Maintenance on 9/10/23 at 12:12pm, revealed them to state that on a daily basis they are checking the building for safety hazards such as: fire extinguishers, doors, outlets, hoyer lifts and checking for any safety issues in the facility.
Interviews with CNA's on all three shifts, LVN A, two housekeepers, one floor tech, one MA, two charge nurses and maintenance and they all stated that they had been in-serviced on abuse, neglect and exploitation, reporting abuse and told if they had witnessed abuse they would report it to the Administrator.
The Interim Administrator B was informed the Immediate Jeopardy was removed on 9/12/23 at 1:09pm. The facility remained out of compliance at a severity level of actual harm that is not IJ and a scope of isolated due to the facility's need to evaluate the effectiveness of the corrective systems that were put into place.
Record review of TULIP on 9/14/23 revealed a provider's report dated 9/12/23 with findings of inconclusive for the allegation of injury of unknown origin.
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 record review and interview the facility failed to thoroughly investigate and report an injury of unknown origin for 1 ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview the facility failed to thoroughly investigate and report an injury of unknown origin for 1 (CR #1) of 8 reviewed for abuse and neglect.
The facility failed to thoroughly investigate CR #1 injury of unknown origin which was suspicious due him being a total care resident with an impacted acute or subacute fracture of the supracondylar distal femur and a diagnosis of Quadriplegia.
The facility failed to implement interventions to ensure CR #1 was safe after learning that his knee was swollen and was total dependent on staff for care.
The facility failed to report the results of all investigations to officials in accordance with state law, including to State agency within 5 working days of the incident.
An Immediate Jeopardy (IJ) situation was identified on 9/8/2023 at 5:37 p.m. While the IJ was removed on 9/12/2023 at 1:09 p.m., the facility remained out of compliance at a scope of isolated with actual harm due to the facility's need to evaluate the effectiveness of the corrective system.
This failure could have placed residents at risk of abuse and neglect.
Finding Included:
Record review of census provided on 8/4/2023, revealed a census of 101 residents.
Record review of CR #1's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. CR #1 had diagnoses which included: Quadriplegia(paralysis of all four limbs), injury of cervical spinal cord, contracture of left and right hand(condition that causes one or more fingers to bend towards the palm of the hand), contracture of muscle(a fixed tightening of muscle, tendons or ligaments), acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood), flexion deformity(the inability to straighten or extend the knee), stage 4 pressure ulcer on spine(injury to skin and underlying tissue resulting from prolonged pressure on the skin) and epilepsy(disorder of the brain).
Record review of care plan, dated 6/17/23, revealed CR #1 had an ADL self-care performance deficit r/t traumatic brain injury and spinal cord injury. Interventions were transferring required total assistance with mechanical lift and two-person staff assistance and bed mobility required extensive assistance by (2) staff to turn and reposition.
Record review of progress note #1, dated 8/1/23 at 6:37 PM, revealed CNA A reported CR #1's knee was swollen to LVN A.
Record review of progress note dated 8/2/23 at 12:01p.m., RN A wrote: Called to follow up with local x-ray company on orders for bilateral patella X-ray and was informed that the order was in dispatch status.
Record review of radiology results for CR #1, dated 8/2/23 at 2:19 p.m., revealed the resident had an impacted acute or subacute fracture of the supracondylar distal femur. Conclusion: Fracture of the distal right femur.
Record review of progress note dated 8/2/23 at 9:34 p.m., revealed the results of the x-ray report showed a fracture femur, MD notified, ordered to send CR#1 to local hospital emergency room.
Record review of progress note dated 8/2/23 at 10:16p.m., CR#1 was transported to a local hospital via ambulance.
Record review of CR#1 facesheet, careplan dated 6/17/2023 and MDS dated [DATE], revealed that CR#1 had no diagnosis of Osteoarthritis and no care plan interventions for the disease.
Record review of the schedule dated 8/1/23 and 8/2/23, revealed that LVN A was scheduled as the nurse for Hall 100, CNA B worked 6a-2pm shift on Hall 100, CNA A was scheduled to work Hall 100 (2pm-10pm shift).
Record review of punch detail report dated 8/1/23- 8/4/23 provided by HR revealed that LVN A, CNA A and CNA B all worked on 8/1/23, 8/2/23 and 8/3/23 and had access to CR#1 for over 24 hours.
Interview with the hospital charge nurse on 8/4/23 at 3:07 p.m., revealed the leg injury caused CR #1 to require a surgical procedure. She said he had a broken right femur, lateral collateral ligament (LCL) repair, washout, and open reduction internal fixation (process of putting pieces of a broken bone into place using surgery). She stated it was in her professional experience as a registered nurse that the resident was not capable of falling out of bed on his own. She said he was not able to move his limbs. She said whatever happened to him took force. She said that she was unable to say if it was abuse. She said the resident had not grimaced or shown any facial expressions since she had been observing him today (8/4/23).
Interview with an anonymous nurse at the local hospital on 8/4/23 at 3:32 pm, revealed her to state that it appears that someone intentionally hurt him. She said, off the record, the charge nurse might not have said that, but everyone that has cared for him at the hospital felt like someone did this to him. She said as a mother this would be very upsetting to her. She said that she felt like he was abused.
Interview with the FM on 8/4/23 at 8:11 p.m., revealed that she received a call from LVN A (8/2/23) concerning CR #1's knee being swollen and later a call from LVN A that the lab results confirmed the resident had a fractured femur. She stated she inquired about what happened to CR #1. She said LVN A stated she was not sure, but the first report of a swollen knee was on 8/1/23. She said LVN A refused to say anymore. She denied talking with any other administration or nursing staff concerning the injury. She said the surgeon told her the longest and strongest bone in the bone was broken along with ligaments in his knee had to be repaired. The FM stated the surgeon said whatever happened to him required force to break his femur. She said that the admitting physician told her that it is difficult to break this bone. She said that she believes that someone at the facility intentionally hurt him, and she is very upset about him being treated in this way.
Interview with the Interim Administrator A on 8/5/23 at 12:11 p.m., revealed he was a traveling Administrator and his 1st day of work at the facility was on 8/3/23. He said that he was just made aware of the incident on 8/3/23. He stated he did not call in an incident to State Agency. He said that the Administrator is responsible for investigating and reporting incidents of unknown origin. However, the DON and ADON can investigate and call in an incident as well. He said that incidents not investigated or reported to State agency can leave residents vulnerable to abuse, neglect or exploitation.
Interview with the Director of Clinical Operations on 8/5/23 at 2:03 p.m., revealed the lab results revealed CR #1 had osteoarthritis and his contractures made him vulnerable to losing bone density and thus could have caused his fracture. She denied investigating the incident of unknown origin because she said that it was not considered suspicious. She denied reporting the incident of unknown origin to the State Agency.
Interview with the DON on 8/5/23 at 2:06 p.m., revealed LVN A reported CR #1's knee was swollen (8/1/23), and a S-Bar was put in on Wednesday (8/2/23) once the results came back and informed them of his fracture. She said the Director of Clinical Operation requested the test be done stat due to his co-morbidities, but they believed his fracture was due to his osteoarthritis. She said he was sent to the emergency room for care. She said there were no reports of CR #1 falling or trauma. She denied an investigation because she said they investigated when an injury was suspicious. She stated she had not called the State Agency because she was not sure if the former Administrator had called it in. She said the Administrator was not the only person who could call in an incident of unknown origin. She said, I guess any nurse could have called the incident in to State agency.
Interview with Physician A on 8/8/23 at 3:05 p.m., revealed he received a call and/or text from LVN A on 8/1/23 concerning CR #1's swollen knee. He stated he ordered blood work to rule out gout and rheumatoid arthritis and an x-ray of right bilateral knee. He said the resident did not have evidence of gout or rheumatoid arthritis. He said osteoarthritis would not cause a fracture. He said given CR #1's age of 25, and the fact he did not have any diagnosis that would cause a fracture of the femur, he was baffled at how something like this could have happened. He stated CR #1 had been under his care since he was admitted to the facility (1/13/22) and have not had any seizures.
Interview with CNA A on 8/8/23 at 3:23 p.m., revealed she had been off three days prior to 8/1/23. She stated upon her return to work she was doing rounds and noticed CR #1 right knee was swollen. She said it was like a large grapefruit. She said she immediately called LVN A into the room to observe. She said she had not tried to transfer or change the resident. She said she checked his brief to see if the previous shift had changed him and that is when she saw his knee as she pulled back the covers. She denied witnessing him fall or any trauma.
Interview with the Orthopedic Surgeon on 8/9/23 at 1:29 p.m., he stated he conducted surgery on CR #1's femur and repaired ligaments on the outside of the patella on 8/3/23. He said he did not understand how the largest and strongest bone in your body could be fractured. He said especially since he was not ambulatory and was total care. He said CR #1 had a supra condylar femur fracture which is very complex fracture. He said that it required quite a bit of force to break. He said something traumatic happened to the resident for such as break to occur. He said he has osteoarthritis himself, but it would not cause this type of fracture.
Interview with Interim Administrator B on 9/8/23 at 5:47p.m., revealed her to state that when she first learned about the incident, she was told that CR#1 had co-morbidities that could have caused the injury, but that the DON started an investigation. She stated that she did not think any staff had been suspended due to no staff admitting any falls or trauma. She said that it is also believed that if CR#1 had fallen he would have other injuries.
Interview with DON on 9/8/23 at 5:50 p.m., she stated that she did conduct an interview she stated that she started the investigation process by getting statements from staff. She did not call in CR#1 injury of unknown origin to State agency because she said that it was not suspicious. She stated that she should have called it in to the State because now she understands how it was could have been considered suspicious. She stated that no staff had been suspended pending an investigation. She said that she had no evidence to accuse anyone. She stated that she does understand that she was supposed to protect CR#1 while investigating.
Interview with LVN A on 9/10/23 at 12:29 p.m., revealed her to state that she worked on 8/1 (day CNA reported CR#1 swollen knee), 8/2/23 (day results confirmed fracture) and worked Hall 100 (where CR#1 resided) on both days. She admitted that she had not been sent home or suspended. She was not aware of an investigation, but she said she wrote a statement and documented the progress note as they are required to do.
Subsequent interview with DON on 9/11/23 at 2:10 p.m., revealed her to state that her investigation revealed that no one saw anything. She said no one was suspended because she did not find that anyone intentionally hurt CR#1. When asked how did she protect CR#1 during her investigation, she responded, He was already gone, we sent him to the ER after getting the results. She was asked if the same staff (LVN A, CNA A and CNA P had access to CR#1 and she responded, she was not sure without looking at the schedule. But, she should have suspended the CNA that worked overnight 10p-6a on 7/31/23, CNA P (worked 6-2pm shift on 8/1 and 8/2) , CNA A (reported the swollen knee 2-10pm shift on 8/2). She was unable to say why she did not protect CR#1 as their policy requires.
Subsequent interview with Interim Administrator B on 9/11/23 at 2:16 p.m., revealed her to state that she was not working here at the time, but she began an investigation of her own. She stated that because of his osteoarthritis no one suspected abuse. She said that she can understand how this incident could be viewed as suspicious though and thus called for a thorough investigation and reporting. She said she would report the incident to State agency immediately.
Interview with HR on 9/11/23 at 2:25 p.m. revealed her to state that she was not informed to suspend any employees due to CR#1's injury. She stated that the ADM or DON would be the two managers that would suspend employees if there was an investigation and determined that staff were going to be investigated. She stated that she had been employed with the company since May 2023.
Record review of the DON's, undated, job description responsibilities states: (1) DON assumes responsibility of facility in absence of Administrator. (2) Works in collaboration with the center; ensures education and understanding by all team members of abuse recognition, protecting and reporting responsibilities; responds swiftly to any allegation of abuse, neglect or misappropriation by protecting, investigating and making any required reporting.
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws. Definitions: Injuries of Unknown origin source: When both criteria are met: the source of the injury was not observed, or the source could not be explained by the resident and the injury is suspicious because of the extent of the injury or the location of the injury (i.e. the injury is located in an area not generally vulnerable to trauma). Protection: First and foremost, the resident/patient will be immediately assessed and removed from any potential harm. The results of all investigations must be reported to the Administrator, designee to the appropriate state agency, as required by state law, within five (5) working days of alleged violation.
Record review of TULIP on 9/14/23 revealed a provider's report dated 9/12/23 with findings of inconclusive for the allegation of injury of unknown origin.
The Interim Administrator B and DON was notified of an Immediate Jeopardy (IJ) on 9/8/2023 at 5:37p.m., due to the above failures, the Interim Administrator B was given a copy of the IJ template, and a Plan of Removal (POR) was requested.
The following Plan of Removal submitted by the facility was accepted on 9/9/23 at 3:20pm
Immediate action to ensure residents were not in jeopardy and threat of harm:
On 9/8/23, the Administrator and the DNS immediately took the following actions to address the citation to prevent any additional residents from experiencing an adverse outcome.
On 9/8/23, the DNS and her designee conducted medical record reviews of all residents to identify which residents were interview able verses those that could not be interviewed. BIMS scores were collected to determine those residents that could be interviewed verses those that were considered non interview able.
On 9/8/23, the DNS and her designees completed physical assessments of all residents with a BIMS score of less than 11 to determine if there was evidence or abuse or injury of unknown origin. Assessments of these resident revealed no such evidence of abuse or injury of unknown origin. Documentation of these assessments was captured on an assessment tool and placed in the survey binder. This action was completed on 9/8/23.
On 9/8/23, the DNS and her designees interviewed each resident with a BIMS of 11 or higher to assure they had not been abused or experienced an injury of unknown origin. Interview of these residents was captured on an interview tool and placed in the survey binder. Neither evidence of abuse nor injury of unknown origin was identified through interviews or body audits. This action was completed on 9/8/23.
If evidence of abuse or injury of unknown origin had been identified, the Administrator would have suspended any accused staff and reported the incidents to the state and law enforcement in accordance with the State law and licensing agency requirements. A detailed investigation would have been conducted and the results submitted within 5 days of the negative findings.
On 9/8/23, the Regional [NAME] President and the Senior Director of Clinical Operations provided training for the interim administrator and the Director of Nurses regarding abuse identification, protection, conducting a thorough investigation and reporting requirements. This action was completed on 9/8/23.
Following the Adm and DNS training on 9/8/23, training on the center's abuse and neglect policy was initiated by DNS and her designee to include identification of abuse, protections of residents, investigation and reporting requirements. The DNS completed training on the morning of 9/9/23 for all staff that were working on the evening and night shifts. This training will continue until all staff are training. Employees will not be allowed to work until they have received this training.
Facilities Plan to ensure compliance quickly by the following actions:
All federal and State protocols will be followed going forward to include investigating and reporting abuse and injury of unknown origin allegations. The ADM is designated as the Abuse Coordinator. The Administrator was in-serviced on abuse identification, protection, conducting a thorough investigation and reporting requirements by RVP and Senior Director of Clinical Operations. This action was completed on 9/8/23.
On 9/8/23, Residents with BIMS scores of 11 or higher were interviewed by the DNS and her designees to identify in they felt safe and if they had experienced abuse while living at the center. No concerns were identified. These interviews were completed on 9/8/23.
On 9/8/23, the Abuse policy was reviewed by the Regional [NAME] President and the Senior Director of Clinical Operations. This review was completed on 9/8/23. No updates were necessary.
On 9/8/23, Interim Administrator implemented an abuse investigation checklist to ensure investigations will be initiated and completed thoroughly.
On 9/8/23, the DNS and her designee educated all staff on abuse prevention and reporting. This education was completed on 9/8/23. Going forward, any staff that were not present on 9/8/23 will not be allowed to work until they have been trained.
On 9/9/23, the Activities Director will hold a Resident Council meeting in which the residents will be educated on the facility's abuse policies. This council meeting will conclude on 9/9/23.
The Administrator or designee will continue to interview residents with a BIMS score of 11 or greater on a monthly basis to ensure they have not experienced abuse. 5 residents per week will be interviewed for 3 months starting the week of 9/11/23. The Director of Nursing or designee will conduct physical assessments on 5 residents per week with BIMS score of less than 11 to determine if there is evidence of abuse or injury of unknown origin for 3 months starting the week of 9/11/23. The findings of these interviews will be presented in QAPI as a PIP project.
On 9/9/23, the Regional Director of Maintenance will conduct an environmental safety concern assessment of the center. This assessment will be completed by the center's maintenance director or the administrator on a weekly basis for 3 months beginning the week of 9/11/23. The findings of these assessments will be presented in QAPI as a PIP project.
Competency of staff related to the Abuse/Neglect training will be captured by a competency test after each training. These competencies will continue until all are trained and deemed competent.
Monitoring of the plan of removal included the following:
Record review of in-services revealed that abuse, neglect, expliotation, including injuries of unknown origin, turning and repostioning, lift and transfers, customer service, reporting incidents and abuse coordinator acknowledgements were conducted.
Interview with the Interim Administrator B on 9/10/23 at 11:24 a.m., revealed her to state that BIM scores were pulled from MDS and she compared with the census to ensure every resident was either deemed interviewable (BIM score above 11) or required a body audit if BIM score was under 11. She provided a list of the residents that were interviewed and those that they conducted body audits on.
Interview with Activity Director on 9/10/23 at 12:02p.m., revealed her to state that she conducted a resident council meeting with the residents, and none of the residents had any concerns about abuse, neglect or misappropriations. She said that she had a training and in-service on abuse and neglect, reporting incidents, professionalism, transfers, smoking policy.
Interview with two housekeepers on 9/10/23 at 12:07p.m., revealed them to state that they had an in-service on abuse, neglect, reporting if they see someone mistreating the residents to report it to the Administrator or DON.
Interview with Maintenance and Regional Maintenance on 9/10/23 at 12:12pm, revealed them to state that on a daily basis they are checking the building for safety hazards such as: fire extinguishers, doors, outlets, hoyer lifts and checking for any safety issues in the facility.
Interviews with CNA's on all three shifts, LVN A, two housekeepers, one floor tech, one MA, two charge nurses and maintenance and they all stated that they had been in-serviced on abuse, neglect and exploitation, reporting abuse and told if they had witnessed abuse they would report it to the Administrator.
The Interim Administrator B was informed the Immediate Jeopardy was removed on 9/12/23 at 1:09pm. The facility remained out of compliance at a severity level of actual harm that is not IJ and a scope of isolated due to the facility's need to evaluate the effectiveness of the corrective systems that were put into place.
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
Accident Prevention
(Tag F0689)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review the facility failed to ensure the resident environment remained as free of acc...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review the facility failed to ensure the resident environment remained as free of accident hazards as possible and each resident received adequate supervision and assistance devices to prevent accidents for 1 of 8 residents (CR #1) reviewed for accidents and supervision and to the facility failed to establish policies, in accordance with applicable Federal, State, and local laws and regulations, regarding smoking areas, and smoking safety that also take into account nonsmoking residents for 3 of 23 residents (Resident #4, Resident #5 and Resident #6) reviewed for smoking policies.
The facility failed to ensure CR #1 was free of accidents and injuries causing him to sustain a impacted acute or subacute fracture of the supracondylar distal femur that required surgical procedure. Physician A and Orthopedic Surgeon said that it would require force to break and stated that something traumatic happened to the resident.
1.
The facility failed to ensure Resident #4 did not have smoking materials on his person and in his room.
2.
The facility failed to ensure Resident #5 did not have smoking materials in her room.
3.
The facility failed to ensure Resident #7 was supervised and wore a smoking apron while smoking.
These deficient practices could place residents at risk for an unsafe smoking environment and injury.
An Immediate Jeopardy (IJ) situation was identified on 8/10/2023 at 1:23 p.m. While the IJ was removed on 8/18/2023 at 12:08p.m. the facility remained out of compliance at a scope of isolated with actual harm due to the facility's need to evaluate the effectiveness of the corrective system.
This failure could place residents at risk of severe injuries, require hospitalization, or death due to lack of supervision by facility staff.
Findings included:
Record review of CR #1's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. CR #1 had diagnoses which included: Quadriplegia(paralysis of all four limbs), injury of cervical spinal cord, contracture of left and right hand(condition that causes one or more fingers to bend towards the palm of the hand), contracture of muscle(a fixed tightening of muscle, tendons or ligaments), acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood), flexion deformity(the inability to straighten or extend the knee), stage 4 pressure ulcer on spine(injury to skin and underlying tissue resulting from prolonged pressure on the skin) and epilepsy(disorder of the brain).
Record review of CR #1's quarterly MDS assessment, dated 6/17/23, indicated the following:
Section B0600- Speech clarity- (2) no speech
B0700- Ability to make self-understood (3)-Rarely or never.
B0800- Ability to understand others (3)-Rarely or never
Section C500- Brief Interview of Mental Status was unscored.
Section G0110- Activities of Daily Living (ADL's) include: bathing, toileting, grooming and hygiene) revealed the following:
A. Bed Mobility - total dependence (4) required full staff performance every time during 7-day period with support (2)- (one-person physical assist),
B. Transfer (4-total dependence) support (3) (two-person assist),
C. Walk in room by self- 8 (never happened), toilet use -total dependence (4) support -(1-person assist), Bathing (4-total dependence)- support (1-person assist)
Section G0130- Functional Status revealed CR #1 was dependent - helper did all effort. Resident did none of the effort to complete activity for eating, oral hygiene, toileting hygiene, shower/bathe, upper body dressing, lower body dressing, and putting on or taking off footwear.
Section G0170- Mobility revealed CR #1 was dependent on staff (01) for roll left and right, sit to lying, lying to sitting on side of bed, chair/bed, chair transfer and sit to stand. Code 01- dependent- Helper does all of the effort. Resident did none of the effort to complete the activity. Toilet transfer, car transfer, and walk 10 feet were coded (88) for not attempted due to medical condition or safety concerns.
Section H0300 - Urinary Incontinence revealed CR #1 was (3) always incontinent of bowel and bladder.
Record review of CR #1's care plan, dated 6/17/23, revealed CR #1 had an ADL self-care performance deficit r/t traumatic brain injury and spinal cord injury. Interventions were transferring required total assistance with mechanical lift and two-person staff assistance and bed mobility required extensive assistance by (2) staff to turn and reposition.
Record review of CR#1 facesheet, careplan dated 6/17/2023 and MDS dated [DATE], revealed that CR#1 had no diagnosis of Osteoarthritis and no care plan interventions for the disease.
Record review of progress note, dated 8/1/23 at 6:37 p.m. written by LVN A, revealed CNA A reported CR #1's knee was swollen.
Record review of physician orders revealed Physician A ordered a blood test and x-rays of bilateral knees for CR #1 on 8/1/23.
Record review of progress note dated 8/2/23 at 12:01 p.m, RN C wrote called to follow up with local x-ray company on orders for bilateral patella X-ray and was informed that the order was in dispatch status.
Record review of progress note dated 8/2/23 at 9:34 p.m., written by, revealed the results of the x-ray report showed a fractured femur, MD notified, ordered to send CR#1 to local hospital emergency room.
Record review of progress note dated 8/2/23 at 10:16 p.m., written by LVN A, indicated CR#1 was transported to a local hospital via ambulance.
Record review of radiology results for CR #1, dated 8/2/2023 at 2:19 PM, revealed the resident had an impacted acute or subacute fracture of the supracondylar distal femur. Conclusion: Fracture of the distal right femur.
Record review of CR#1 facesheet, careplan dated 6/17/2023 and MDS dated [DATE], revealed that CR#1 had no diagnosis of Osteoarthritis and no care plan interventions for the disease.
Record review of CR #1's hospital record revealed CR#1 was admitted on [DATE] at 10:48 PM. Chief complaint was at baseline nonverbal patient with possible fracture of the right femur and swollen right knee. A pre-operative evaluation was conducted and surgical procedure to repair the fracture would take place on 8/3/23.
Observation of CR#1 on 8/4/23 at 2:40 p.m. at the local hospital revealed the resident was asleep. His right leg was wrapped with bandages from his thigh to just passed his knee.
Interview with the hospital charge nurse on 8/4/23 at 3:07 p.m., revealed the leg injury caused CR #1 to require a surgical procedure. She said he had a broken right femur, lateral collateral ligament (LCL) repair, washout, and open reduction internal fixation (process of putting pieces of a broken bone into place using surgery). She stated it was in her professional experience as a registered nurse that the resident was not capable of falling out of bed on his own. She said he was not able to move his limbs. She said whatever happened to him took force. She said that she was unable to say if it was abuse. She said the resident had not grimaced or shown any facial expressions since she had been observing him today (8/4/23).
Interview with an anonymous nurse at the local hospital on 8/4/23 at 3:32 pm, revealed her to state that it appears that someone intentionally hurt him. She said, off the record, the charge nurse might not have said that, but everyone that has cared for him at the hospital felt like someone did this to him. She said as a mother this would be very upsetting to her. She said that she felt like he was abused.
Interview with the FM on 8/4/23 at 8:11 p.m., revealed that she received a call from LVN A (8/2/23) concerning CR #1's knee being swollen and later a call from LVN A that the lab results confirmed the resident had a fractured femur. She stated she inquired about what happened to CR #1. She said LVN A stated she was not sure, but the first report of a swollen knee was on 8/1/23. She said LVN A refused to say anymore. She denied talking with any other administration or nursing staff concerning the injury. She said the surgeon told her the longest and strongest bone in the bone was broken along with ligaments in his knee had to be repaired. The FM stated the surgeon said whatever happened to him required force to break his femur. She said that the admitting physician told her that it is difficult to break this bone. She said that she believes that someone at the facility intentionally hurt him, and she is very upset about him being treated in this way.
Interview with LVN A on 8/4/23 at 8:40 p.m., revealed on 8/1/23, CNA A called her to the room after discovering CR #1's knee was swollen. She said she called Physician A and he asked her to send a picture of CR #1's knee. He ordered labs and an x-ray. She said the company did not come until the next day to complete the x-ray. She stated the results on (8/2/23) confirmed he had a fractured right femur. She said she sent the results to Physician A and he said to have him transported to the emergency room.
Interview with the Director of Clinical Operations on 8/5/23 at 2:03 p.m., revealed the Medical Director was working on a clinical study on CR #1. She stated the lab results revealed CR #1 had osteoarthritis and his contractures made him vulnerable to losing bone density and thus could have caused his fracture. She denied investigating the injury because she said that it was not suspicious.
Interview with the DON on 8/5/23 at 2:06 p.m., revealed LVN A reported CR #1 knee was swollen (8/1), and a S-Bar was put in on Wednesday (8/2/23). She said that the Director of Clinical Operation requested that the test be done stat due to his co-morbidities, but they believe his fracture was due to his osteoarthritis. She said that he was sent to the emergency room for care. She said there were no reports of CR #1 falling or trauma. She said that LVN A was informed of the swelling from CNA A. She denied an investigation because she said that they investigate when an injury is suspicious.
Interview with CNA B on 8/5/23 at 2:38 p.m., she stated she was responsible for CR #1's incontinent care and she provided bed baths. She denied using a mechanical lift with CR #1. She said she had never moved him from the bed using the lift because he never got out of the bed. She said all she would do is turn and position him. She said that she saw him last on 8/2/23. She denied his knee was swollen.
Interview with Physician A on 8/8/23 at 3:05 p.m., revealed he received a call and/or text from LVN A on 8/1/23 concerning CR #1's swollen knee. He stated he ordered blood work to rule out gout and rheumatoid arthritis and an x-ray of right bilateral knee. He said the resident did not have evidence of gout or rheumatoid arthritis. He said osteoarthritis would not cause a fracture. He said given CR #1's age of 25, and the fact he did not have any diagnosis that would cause a fracture of the femur, he was baffled at how something like this could have happened. He stated CR #1 had been under his care since he was admitted to the facility (1/13/22) and have not had any seizures.
Interview with CNA A on 8/8/23 at 3:23 p.m., revealed she had been off three days prior to 8/1/23. She stated upon her return to work she was doing rounds and noticed CR #1 right knee was swollen. She said it was like a large grapefruit. She said she immediately called LVN A into the room to observe. She said she had not tried to transfer or change the resident. She said she checked his brief to see if the previous shift had changed him and that is when she saw his knee as she pulled back the covers. She denied witnessing him fall or any trauma.
Interview with the Orthopedic Surgeon on 8/9/23 at 1:29 p.m., he stated he conducted surgery on CR #1's femur and repaired ligaments on the outside of the patella on 8/3/23. He said he did not understand how the largest and strongest bone in your body could be fractured. He said especially since he was not ambulatory and was total care. He said CR #1 had a supra condylar femur fracture which is very complex fracture. He said that it required quite a bit of force to break. He said something traumatic happened to the resident for such as break to occur. He said he has osteoarthritis himself, but it would not cause this type of fracture.
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws.
Record review of the DON's, undated, job description responsibilities states: (1) DON assumes responsibility of facility in absence of Administrator. (2) Works in collaboration with the center; ensures education and understanding by all team members of abuse recognition, protecting and reporting responsibilities; responds swiftly to any allegation of abuse, neglect or misappropriation by protecting, investigating and making any required reporting.
The interim Administrator and DON was notified of an Immediate Jeopardy (IJ) on 8/10/23 at 1:23p.m., due to the above failures, the interim Administrator was given a copy of the IJ template and a Plan of Removal (POR) was requested.
The following Plan of Removal submitted by the facility was accepted on 8/13/23 at 12:43 p.m.:
Immediate action taken in response to the resident's injures included the following:
The resident no longer resides at the center as of 8/2/23. He has not returned to the center as of 8/13/23. When/if he returns, the IDT team will assess the resident and update the care plan.
ick Compliance Actions:
8/10/23- The Senior director of Clinical Operations conducted a root cause analysis of the injury to this resident.
8/10 /23 -8/12/23- Lift evaluations were completed for all residents by the Director of Nursing and the Assistant Director of Nursing.
8/10/23- 100 % audit was completed by the Director of Nurses, Assistant Director of Nursing and Unit Manager of lift evaluations compared with the care plan to assure accuracy. Care plans were updated as needed.
8/10/23- The Director of Nurses identified the center has 20 bedbound residents in need of assist with bed mobility. The Care Plan coordinator reviewed the care plans for each of the 20 bed bound residents to ensure safety measures and interventions were added for those residents.
8/10/23-8/12/23 -Education related to Turning and Positioning, Use of Lifts, Abuse and Neglect (to include reporting any incidents), and Customer Service was continued by the Administrator, Director of Nursing and the Assistant Director of Nursing. Education regarding use of lifts was based on the manufacture's guidelines. No one will be allowed to work prior to completion of in service. The Turning and Repositioning and Lift competencies criteria will be based on instruction and a successful return demonstration.
8/10/23 The Lift for Care Policy was reviewed by Senior Director of Clinical Operations.
8/10/23- All lifts were assessed by the Maintenance Director and found to be in good working order.
8/10/23-An Ad Hoc QAPI meeting was held to discuss immediate jeopardy findings and the plan of correction going forward on August 10, 2023. Attendees were Administrator, Director of Nursing, Medical Director, Senior Director of Clinical Operations, and Regional [NAME] President.
8/12/23- Competencies for all CNAs and Nurses related to turning/ repositioning and use of lifts were initiated by the Director of Nurses and Assistant Director of Nurses on 8/12 and are on- going until all CNAS are deemed competent. As of 8/12, no CNA or nurse will work until deemed competent.
Going forward to assure continued compliance with corrective actions, the Director of Nursing and Assistant Director of Nursing will conduct audits of resident positioning and lifts at least 3 times per week for one month, then 2 times per week for one month, and then weekly for one month.
A QAPI PIP has been initiated to report the above monitoring and audit procedures. All findings from the PIP will be presented at the monthly QAA meeting. Monitoring/auditing and reporting will continue for a minimum of three months.
Monitoring of the plan of removal included the following:
Interview with the Maintenance Director on 8/15/23 at 3:05 p.m., he stated he received parts for the Hoyer lifts and would be repairing 4-5 Hoyer's that were broken.
Observation on 8/16/23 at 3:13pm revealed 9 mechanical lifts were operable and in good repair. The lift from Hall 100 was included in the nine repaired due to a broken brake.
Interviews with multiple anonymous staff between 8/15-8/16/23 revealed they were not able to state if the mechanical lift training was conducted one-on-one or in group setting, demonstration completed or just a verbal training and when/if they had abuse, neglect and exploitation training. More interviews were conducted.
Interview on 8/17/23 at 12:17pm with the DON, VP of Operations (VPO), VP of Clinical Operations (VPCO), and Interim Administration revealed staff were not consistent in what recent in-services and/or demonstration they had in the past week. The DON stated she would ensure everyone had been re-educated before working a shift. This task would be completed by 8/18/23.
Interviews on 8/17/23 and 8/18/23 with 2 LVN's, 1 RN and 3 CNA's, housekeeping, floor tech and maintenance on the 6a-2pm and 2p-10pm shifts were interviewed and had been trained on reporting incidents of abuse, neglect, exploitation, falls, and use of mechanical lifts and safe transfers. Staff reported that the Interim Administrator was the Abuse Coordinator, all incidents or falls should be reported immediately to nursing administration, and they had been in-serviced on using the mechanical lift properly by Therapy Director.
Interviews on 8/18/23 at 8:24am, with two overnight (10p-6am) CNAs stated that they received training on the lift, repositioning and abuse reporting.
Interview with the DON on 8/18/23 at 11:15am, revealed her to state that all but four employees had been trained on the re-positioning and mechanical lift competencies. She said that two were on vacation and the two were not scheduled to work the week of 8/28-9/1/23. She said that she would ensure they were trained before working on the floor.
Interview with the Therapy Director on 8/18/23 at 11:55am, revealed him to state that he provided training on properly using the mechanical lift, turning and repositioning for all CNA's on 6a-2pm and 2pm-10pm shifts. He stated that the overnight charge nurse would train the CNA's and provide documentation to the DON.
Interview with Interim Administrator B on 9/8/23 at 5:47p.m., revealed her to state that when she first learned about the incident, she was told that CR#1 had co-morbidities that could have caused the injury, but that the DON started an investigation. She stated that she did not think any staff had been suspended.
Record review of the list of bedbound residents included 20 residents were deemed bedfast had updated care plans.
Record review of in-services on 8/17-8/18/23 revealed abuse, neglect and exploitation, reporting incidents, turning and repositioning competencies and EZ way smart lift competencies were completed by all but 4 staff.
Record review of an undated lift care policy revealed the total lift will be used when residents were non-ambulatory and residents could not bear weight or if they did not qualify for the sit-to stand lift.
The Interim Administrator, DON and RVP were informed the Immediate Jeopardy was removed on 8/18/23 at 12:08pm. The facility remained out of compliance at a severity level of actual harm that is not IJ and a scope of isolated due to the facility's need to evaluate the effectiveness of the corrective systems that were put into place.
A second supervision issues was discovered on 8/11/2023 at 12:40pm
Findings Included:
1.
The facility failed to ensure Resident #4 did not have smoking materials on his person and in his room.
2.
The facility failed to ensure Resident #5 did not have smoking materials in her room.
3.
The facility failed to ensure Resident #7 was supervised and wore a smoking apron while smoking.
These deficient practices could place residents at risk for an unsafe smoking environment and injury.
Findings Included:
Record review of the facility list of smokers revealed there were 23 smokers who resided at the facility.
Resident #4
Record review of Resident #4's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. Resident #4 had diagnoses which included spinal stenosis (spinal narrowing often caused by age-related wear and tear) , abnormality of gait(an usual walking pattern), polyarthritis(when at least five joints are affected by arthritis), presence of left artificial knee joint.
Record review of Resident #4's care plan, dated 4/12/2022 and revised on 8/19/2023, revealed Resident #4 was at risk for smoking related injuries related to attempts to obtain lighters or matches and a history of smoking incidents. Intervention: Resident is not to have cigarettes or smoking material on person.
Record review of nursing progress note, dated 8/12/23, revealed the DON must be notified if Resident # 4 is non-compliant with the facility's smoke policy.
Observation from the items from Administrator, DON and ADON room sweep on 8/11/23 at 2:17 p.m., revealed the administration team found the following:
Resident #4 had a Ziplock bag of cigarette filters, 2 packs of buglers (loose tobacco used for rolling into a cigarette) and 6 lighters found in his room.
Interview with Resident #4 on 8/11/23 at 3:04 p.m., revealed he always kept his cigarette filters and materials with him. He stated as a resident he should be able to keep his smoking material. He said he smoked at least 5-6 times per day. He stated that the former Administrator was going to discharge him. But they could not discharge him without him having someplace to live. He said he guessed that they could not find anywhere else for him to go.
Resident #5
Record review revealed Resident #5's face sheet revealed a [AGE] year-old female who was admitted to the facility on [DATE]. Resident #5 had diagnoses which included: Lack of coordination, Abnormality of gait and mobility (change to normal walking pattern), cognitive communication deficit, schizoaffective disorder (a combination of symptoms of schizophrenia and mood disorder), infection and inflammatory reaction due to internal prosthetic devices, implants or grafts.
Record review of progress note dated 8/12/23, for Resident #5 revealed the DON was to be informed if she should be incompliant with the facility's smoking policy.
Observation on 8/11/23 at 12:40 PM, revealed Resident #5 was smoking a cigarette. No staff was outside at the time.
Observation of items from the sweep on 8/11/23 at 2:17 p.m., revealed 2 packs of cigarettes and a lighter was found in Resident #5's room.
Interview with Resident #5 on 8/11/23 at 3:07 p.m., revealed her to state that she did not have anything to say.
Record review of Resident #7's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. Resident #7 had diagnoses which included: Chronic systolic (congestive heart failure), Chronic kidney disease, Diabetes Mellitus uncontrolled, Schizophrenia, Hypertension, Dysphagia, Abnormality of gait and mobility, muscle wasting in right and left shoulders.
Record review of Resident #7's smoking assessment dated [DATE] revealed in section D. Summary of evaluation 1. Based on the above evaluation the resident will require supervision with smoking the answer was (1) Yes. Goal: Will have no smoking related injury. Interventions: place patient in position to assure visualization of ashtray, provide smoking apron while smoking, review smoking policy and storage of smoking materials per center policy.
Record review of Resident #7's care plan, dated 6/22/23, revealed the resident was at risk for smoking related injury related to his inability to manage ashes and non-compliant with smoking policies, refuses to wear apron and smoking outside of schedule. Interventions: 6/22/23- Provide smoking apron while smoking.
8/15/23-Resident requires supervision while smoking.
8/21/23-refused to wear smoke apron during smoke break.
Observation on 8/11/23 at 12:40 p.m., revealed Resident #7 was smoking in the smoking area unsupervised and without a smoking apron.
Interview with the ADON on 8/11/23 at 12:47 p.m., revealed her to state that the residents should not have been smoking unsupervised, and it was not their smoke times. She was at the nursing station at the time. But she stated that she did not see them going out there. She said different staff are scheduled to supervise the residents at each smoke time.
Interview with CNA E on 8/11/23 at 1:45 p.m., revealed the residents were aware of the smoke times, they should not have been out there. He said they were also sharing cigarettes because Resident #4 left the facility and got his cigarettes and shared them with other residents.
Interview with Resident #6 on 8/11/23 at 1:49 p.m., he stated although he was sitting out in the smoking area he was not smoking earlier when the State Surveyor was getting the names of the residents that were unsupervised. He stated they all knew the smoke times and the facility threatened the residents with 30-day notices but did not kick them out because they did not have anywhere else to go or they did not want to leave. He said they continued to do whatever they wanted to do and smoked anytime they pleased.
Interview with the DON on 8/11/23 at 2:00 p.m., revealed she was aware there was an issue with compliance of the smoke policy. She said since day one of her employment she learned it was a problem in the facility (July 2023). She said they had given discharge notices and yet the residents still smoked when they should not be smoking. She said she would provide those discharge notices.
Interview with the Interim Administrator on 8/11/23 at 2:00 p.m., revealed they would conduct a sweep of the rooms to search for cigarettes and lighters and report their findings.
Interview with the RVP on 8/11/23 at 2:00 pm, revealed administration would meet resident council, all smokers and give them discharge notices if necessary for them to adhere to the smoking policy.
During an interview with Resident #7 on 8/12/23 at 1:03 p.m., he stated he wanted to know when the State Surveyor would be leaving the facility. He stated he used to smoke when he wanted. He stated he had to sign himself out to smoke outside of the facility smoke times. He said he did not wear an apron because he did not want to.
Record review of the facility's, undated, smoke policy revealed: In order to protect all residents at the facility the following smoking policy must be strictly enforced by Team Members and adhered to by all residents and families and visitors.
1. Resident must smoke in designated area at posted times.
Smoke times are:
8:30- 9:00am (Activity supervise)
11:00am- 11:30am (Nursing supervise)
1:30pm-2pm (Nursing supervise)
3:30pm-4:00pm (Activities supervise)
6:45pm-7:15pm (Station 1)
2. Residents may not have cigarettes, cigars, matches, lighters, light fluid, in their possession or in their rooms at any time.
6. Smoking privileges will be suspended entirely if a resident becomes harmful to self and others. Non-compliance with the facility smoking policy will lead to discharge.
Record review of the facility's Safe Smoking policy, effective date: November 1, 2016, revealed .(4) Staff members will monitor or obtain fire igniting materials (matches/lighters) for the benefit of smokers at the nurses' station or other designated locations.
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 observation, record review and interviews the facility failed to be administered in a manner that enables it to use its...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interviews the facility failed to be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident.
The facility failed to ensure that residents were free from accidents and injuries for 1 (CR#1) of 8 reviewed for accident and injuries.
The facility failed to follow their policy and procedure for investigating injuries of unknown origin after both Interim Administrator A and the DON became aware that CR#1 sustained an impacted acute or subacute fracture of the supracondylar distal femur.
The facility failed to thoroughly investigate CR#1 injury of unknown origin which was suspicious due him being a total care resident with an impacted fracture of the distal metaphysis of the right femur and a diagnosis of Quadriplegia.
The facility failed to implement interventions to ensure CR#1 was safe after learning that his knee was swollen and was totally dependent on staff for care.
The facility failed to report the results of all investigations to officials in accordance with state law, including to State agency within 5 working days of the incident.
An Immediate Jeopardy (IJ) situation was identified on 9/9/23 at 10:19 a.m. While the IJ was removed on 9/13/2023, the facility remained out of compliance at a scope of isolated with no actual harm due to the facility's need to evaluate the effectiveness of the corrective system.
Findings Included:
Record review of CR #1's face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. CR #1 had diagnoses which included: Quadriplegia(paralysis of all four limbs), injury of cervical spinal cord, contracture of left and right hand(condition that causes one or more fingers to bend towards the palm of the hand), contracture of muscle(a fixed tightening of muscle, tendons or ligaments), acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood), flexion deformity(the inability to straighten or extend the knee), stage 4 pressure ulcer on spine(injury to skin and underlying tissue resulting from prolonged pressure on the skin) and epilepsy(disorder of the brain).
Record review of care plan, dated 6/17/23, revealed CR #1 had an ADL self-care performance deficit r/t traumatic brain injury and spinal cord injury. Interventions were transferring required total assistance with mechanical lift and two-person staff assistance and bed mobility required extensive assistance by (2) staff to turn and reposition.
Record review of progress note #1, dated 8/1/23 at 6:37 p.m., LVN A wrote: CNA A reported CR #1's knee was swollen assessed and contacted physician.
Record review of progress note dated 8/2/23 at 12:01p.m., RN A wrote: Called to follow up with local x-ray company on orders for bilateral patella X-ray and was informed that the order was in dispatch status.
Record review of radiology results for CR #1, dated 8/2/23 at 2:19 p.m., revealed the resident had an impacted acute or subacute fracture of the supracondylar distal femur. Conclusion: Fracture of the distal right femur.
Record review of progress note dated 8/2/23 at 9:34 p.m., LVN A wrote: The results of the x-ray report showed a fracture femur, MD notified, ordered to send CR#1 to local hospital emergency room.
Record review of CR #1's hospital record revealed CR#1 was admitted on [DATE] at 10:48 PM. Chief complaint was at baseline nonverbal patient with possible fracture of the right femur and swollen right knee. A pre-operative evaluation was conducted and surgical procedure to take place on 8/3/23.
Observation of CR#1 on 8/4/23 at 2:40 p.m. at the local hospital revealed the resident was asleep. His right leg was wrapped with bandages from his thigh to just passed his knee.
Interview with the hospital charge nurse on 8/4/23 at 3:07 p.m., revealed the leg injury caused CR #1 to require a surgical procedure. She said he had a broken right femur, lateral collateral ligament (LCL) repair, washout, and open reduction internal fixation (process of putting pieces of a broken bone into place using surgery). She stated it was in her professional experience as a registered nurse that the resident was not capable of falling out of bed on his own. She said he was not able to move his limbs. She said whatever happened to him took force. She said that she was unable to say if it was abuse. She said the resident had not grimaced or shown any facial expressions since she had been observing him today (8/4/23).
Interview with an anonymous nurse at the local hospital on 8/4/23 at 3:32 p.m., revealed her to state that it appears that someone intentionally hurt him. She said, off the record, the charge nurse might not have said that, but everyone that has cared for him at the hospital felt like someone did this to him. She said as a mother this would be very upsetting to her. She said that she felt like he was abused.
Interview with the FM on 8/4/23 at 8:11 p.m., revealed that she received a call from LVN A (8/2/23) concerning CR #1's knee being swollen and later a call from LVN A that the lab results confirmed the resident had a fractured femur. She stated she inquired about what happened to CR #1. She said LVN A stated she was not sure, but the first report of a swollen knee was on 8/1/23. She said LVN A refused to say anymore. She denied talking with any other administration or nursing staff concerning the injury. She said the surgeon told her the longest and strongest bone in the bone was broken along with ligaments in his knee had to be repaired. The FM stated the surgeon said whatever happened to him required force to break his femur. She said that the admitting physician told her that it is difficult to break this bone. She said that she believes that someone at the facility intentionally hurt him, and she is very upset about him being treated in this way.
Interview with the Interim Administrator A on 8/5/23 at 12:11 p.m., revealed he was a traveling Administrator and his 1st day of work at the facility was on 8/3/23. He said that he was just made aware of the incident on 8/3/23. He stated he did not call in an incident to State Agency. He said that the Administrator is responsible for investigating and reporting incidents of unknown origin. However, the DON and ADON can investigate and call in an incident as well. He said that incidents not investigated or reported to State agency can leave residents vulnerable to abuse, neglect or exploitation.
Interview with the Director of Clinical Operations on 8/5/23 at 2:03 p.m., revealed the lab results revealed CR #1 had osteoarthritis and his contractures made him vulnerable to losing bone density and this could have caused his fracture. She denied investigating the incident of unknown origin because she said that it was not considered suspicious. She denied reporting the incident of unknown origin to the State Agency.
Interview with the DON on 8/5/23 at 2:06 p.m., revealed LVN A reported CR #1's knee was swollen (8/1/23), and a S-Bar was put in on Wednesday (8/2/23) once the results came back and informed them of his fracture. She said the Director of Clinical Operation requested the test be done stat due to his co-morbidities, but they believed his fracture was due to his osteoarthritis. She said he was sent to the emergency room for care. She said there were no reports of CR #1 falling or trauma. She denied an investigation because she said they investigated when an injury was suspicious. She stated she had not called the State Agency because she was not sure if the former Administrator had called it in. She said the Administrator was not the only person who could call in an incident of unknown origin. She said, I guess any nurse could have called the incident in to State agency.
Interview with Physician A on 8/8/23 at 3:05 p.m., revealed he received a call and/or text from LVN A on 8/1/23 concerning CR #1's swollen knee. He stated he ordered blood work to rule out gout and rheumatoid arthritis and an x-ray of right bilateral knee. He said the resident did not have evidence of gout or rheumatoid arthritis. He said osteoarthritis would not cause a fracture. He said given CR #1's age of 25, and the fact he did not have any diagnosis that would cause a fracture of the femur, he was baffled at how something like this could have happened. He stated CR #1 had been under his care since he was admitted to the facility (1/13/22) and have not had any seizures.
Interview with CNA A on 8/8/23 at 3:23 p.m., revealed she had been off three days prior to 8/1/23. She stated upon her return to work she was doing rounds and noticed CR #1 right knee was swollen. She said it was like a large grapefruit. She said she immediately called LVN A into the room to observe. She said she had not tried to transfer or change the resident. She said she checked his brief to see if the previous shift had changed him and that is when she saw his knee as she pulled back the covers. She denied witnessing him fall or any trauma.
Interview with the Orthopedic Surgeon on 8/9/23 at 1:29 p.m., he stated he conducted surgery on CR #1's femur and repaired ligaments on the outside of the patella on 8/3/23. He said he did not understand how the largest and strongest bone in your body could be fractured. He said especially since he was not ambulatory and was total care. He said CR #1 had a supra condylar femur fracture which is very complex fracture. He said that it required quite a bit of force to break. He said something traumatic happened to the resident for such as break to occur. He said he has osteoarthritis himself, but it would not cause this type of fracture.
Interview with DON on 9/8/23 at 5:50 p.m., she stated that she did conduct an interview she stated that she started the investigation process by getting statements from staff. She did not call in CR#1 injury of unknown origin to State agency because she said that it was not suspicious. She stated that she should have called it in to the State because now she understands how it was could have been considered suspicious. She stated that no staff had been suspended pending an investigation. She said that she had no evidence to accuse anyone. She stated that she does understand that she was supposed to protect CR#1 while investigating.
Interview with LVN A on 9/10/23 at 12:29 p.m., revealed her to state that she worked on 8/1 (day CNA reported CR#1 swollen knee), 8/2/23 (day results confirmed fracture) and worked Hall 100 (where CR#1 resided) on both days. She admitted that she had not been sent home or suspended. She was not aware of an investigation, but she said documented the progress note as they are required to do.
Subsequent interview with DON on 9/11/23 at 2:10 p.m., revealed her to state that her investigation revealed that no one saw anything. She said no one was suspended because she did not find that anyone intentionally hurt CR#1. When asked how did she protect CR#1 during her investigation, she responded, He was already gone, we sent him to the ER after getting the results. She was asked if the same staff (LVN A, CNA A and CNA P had access to CR#1 and she responded, she was not sure without looking at the schedule. But, she should have suspended the CNA that worked overnight 10p-6a on 7/31/23, CNA P (worked 6-2pm shift on 8/1 and 8/2) , CNA A (reported the swollen knee 2-10pm shift on 8/2). She was unable to say why she did not protect CR#1 as their policy requires.
Interview with Interim Administrator B on 9/11/23 at 2:16 p.m., revealed her to state that she was not working here at the time, but she began an investigation of her own. She stated that because of his osteoarthritis no one suspected abuse. She said that she can understand how this incident could be viewed as suspicious though and thus called for a thorough investigation and reporting. She said she would report the incident to State agency immediately.
Record review of the schedule dated 8/1/23 and 8/2/23, revealed that LVN A was scheduled as the nurse for Hall 100, CNA B worked 6a-2pm shift on Hall 100, CNA A was scheduled to work Hall 100 (2pm-10pm shift).
Record review of punch detail report dated 8/1/23- 8/4/23 provided by HR revealed that LVN A, CNA A and CNA B all worked on 8/1/23, 8/2/23 and 8/3/23 and had access to CR#1 for over 24 hours.
Record review of the DON's, undated, job description responsibilities states: (1) DON assumes responsibility of facility in absence of Administrator. (2) Works in collaboration with the center; ensures education and understanding by all team members of abuse recognition, protecting and reporting responsibilities; responds swiftly to any allegation of abuse, neglect or misappropriation by protecting, investigating and making any required reporting.
Record review of the facility's abuse, neglect policy, dated 1/2019, revealed the purpose is to prohibit and prevent abuse, neglect and exploitation of resident property and to ensure reporting and investigation of alleged violations (to include injuries of unknown source, mistreatment and involuntary seclusion) in accordance with Federal and State Laws. Definitions: Injuries of Unknown origin source: When both criteria are met: the source of the injury was not observed, or the source could not be explained by the resident and the injury is suspicious because of the extent of the injury or the location of the injury (i.e. the injury is located in an area not generally vulnerable to trauma). Protection: First and foremost, the resident/patient will be immediately assessed and removed from any potential harm. The results of all investigations must be reported to the Administrator, designee to the appropriate state agency, as required by state law, within five (5) working days of alleged violation.
Record review of TULIP on 8/9/23 and 9/9/23 revealed no incident report was found concerning CR #1's injury of unknown origin.
Record review of TULIP on 9/14/23 revealed a provider's report dated 9/12/23 with findings of inconclusive for the allegation of injury of unknown origin.
The Interim Administrator B was notified of an Immediate Jeopardy (IJ) on 9/9/2023 at 10:19p.m., due to the above failures, the Interim Administrator B was given a copy of the IJ template and a Plan of Removal (POR) was requested.
The following Plan of Removal submitted by the facility was accepted on 9/13/23 at 1:56pm
Facilities Plan to ensure compliance quickly by the following actions:
The center initiated an investigation immediately upon the knowledge of the incident on 8/2/2023, concerning the fracture of the right knee for resident. After the IJ was given on 9/9/23 the interim Administrator reviewed the findings and agreed that the etiology of the fracture was inconclusive. Based on interviews with staff, residents, observation of other residents, medical record review and medical record review by the Medical Director, there was lack of evidence to support abuse and neglect. Based on the investigation, and the review, the facility is unable to substantiate abuse and neglect.
Immediate action to ensure residents were not in jeopardy and threat of harm:
The previous full-time administrator who was in charge of the building at the time of the incident separated employment with the center on the day following the incident. Since then, the center secured a new administrator. This administrator will assume the assignment as the center leader on 9/18/23. Until she arrives, the center will be directed by an interim administrator.
On 9/8/23, the Administrator and the DNS immediately took the following actions to address the citation to prevent any additional residents from experiencing an adverse outcome.
On 9/8/23, the DNS and her designee conducted medical record reviews of all residents to identify which residents were interview able verses those that could not be interviewed. BIMS scores were collected to determine those residents that could be interviewed verses those that were considered non interview able.
On 9/8/23, the DNS and her designees completed physical assessments of all residents with a BIMS score of less than 11 to determine if there was evidence or abuse or injury of unknown origin. Assessments of these resident revealed no such evidence of abuse or injury of unknown origin. Documentation of these assessments was captured on an assessment tool and placed in the survey binder. This action was completed on 9/8/23.
On 9/8/23, the DNS and her designees interviewed each resident with a BIMS of 11 or higher to assure they had not been abused or experienced an injury of unknown origin. Interview of these residents was captured on an interview tool and placed in the survey binder. Neither evidence of abuse nor injury of unknown origin was identified through interviews or body audits. This action was completed on 9/8/23.
If evidence of abuse or injury of unknown origin had been identified, the Administrator would have suspended any accused staff and reported the incidents to the state and law enforcement in accordance with the State law and licensing agency requirements. A detailed investigation would have been conducted and the results submitted within 5 days of the negative findings.
On 9/8/23, the Regional [NAME] President and the Senior Director of Clinical Operations provided training for the interim administrator and the Director of Nurses regarding abuse identification, protection, conducting a thorough investigation and reporting requirements. This action was completed on 9/8/23.
Following the Adm and DNS training on 9/8/23, training on the center's abuse and neglect policy was initiated by DNS and her designee to include identification of abuse, protections of residents, investigation and reporting requirements. The DNS completed training on the morning of 9/9/23 for all staff that were working on the evening and night shifts. This training will continue until all staff are training. Employees will not be allowed to work until they have received this training.
Facilities Plan to ensure compliance quickly by the following actions:
All federal and State protocols will be followed going forward to include investigating and reporting abuse and injury of unknown origin allegations. The ADM is designated as the Abuse Coordinator. On 9/8/23, the Regional [NAME] President and the Senior Director of Clinical Operations provided training for the interim administrator and the Director of Nurses regarding abuse identification, protection, conducting a thorough investigation and reporting requirements. This action was completed on 9/8/23.
On 9/8/23, Residents with BIMS scores of 11 or higher were interviewed by the DNS and her designees to identify in they felt safe and if they had experienced abuse while living at the center. No concerns were identified. These interviews were completed on 9/8/23.
On 9/8/23, the Abuse policy was reviewed by the Regional [NAME] President and the Senior Director of Clinical Operations. This review was completed on 9/8/23. No updates were necessary.
On 9/8/23, Interim Administrator implemented an abuse investigation checklist to ensure investigations will be initiated and completed thoroughly.
On 9/8/23, the DNS and her designee educated all staff on abuse prevention and reporting. This education was completed on 9/8/23. Going forward, any staff that were not present on 9/8/23 will not be allowed to work until they have been trained.
On 9/9/23, the Activities Director will hold a Resident Council meeting in which the residents will be educated on the facility's abuse policies. This council meeting will conclude on 9/9/23.
The Administrator or designee will continue to interview residents with a BIMS score of 11 or greater monthly to ensure they have not experienced abuse. 5 residents per week will be interviewed for 3 months starting the week of 9/11/23. The Director of Nursing or designee will conduct physical assessments on 5 residents per week with BIMS score of less than 11 to determine if there is evidence of abuse or injury of unknown origin for 3 months starting the week of 9/11/23. The findings of these interviews will be presented in QAPI as a PIP project.
On 9/9/23, the Regional Director of Maintenance will conduct an environmental safety concern assessment of the center. This assessment will be completed by the center's maintenance director or the administrator on a weekly basis for 3 months beginning the week of 9/11/23. The findings of these assessments will be presented in QAPI as a PIP project.
Competency of staff related to the Abuse/Neglect training will be captured by a competency test after each training. These competencies will continue until all are trained and deemed competent.
Monitoring of the plan of removal included the following:
Record review of in-services revealed that abuse, neglect, expliotation, including injuries of unknown origin, turning and repostioning, lift and transfers, customer service, reporting incidents and abuse coordinator acknowledgements were conducted.
Interview with the Interim Administrator B on 9/10/23 at 11:24 a.m., revealed her to state that BIM scores were pulled from MDS and she compared with the census to ensure every resident was either deemed interviewable (BIM score above 11) or required a body audit if BIM score was under 11. She provided a list of the residents that were interviewed and those that they conducted body audits on.
Interview with Activity Director on 9/10/23 at 12:02 p.m., revealed her to state that she conducted a resident council meeting with the residents, and none of the residents had any concerns about abuse, neglect or misappropriations. She said that she had a training and in-service on abuse and neglect, professionalism, transfers, smoking policy.
Interview with two housekeepers on 9/10/23 at 12:07p.m., revealed them to state that they had an in-service on abuse, neglect, reporting if they see someone mistreating the residents to report it to the Administrator or DON.
Interview with Maintenance and Regional Maintenance on 9/10/23 at 12:12 p.m., revealed them to state that on a daily basis they are checking the building for safety hazards such as: fire extinguishers, doors, outlets, Hoyer lifts and checking for any safety issues in the facility.
Interviews with five CNA's on all three shifts, LVN A, two housekeepers, one floor tech, one MA, two charge nurses and maintenance and they all stated that they had been in-serviced on abuse, neglect and exploitation, reporting abuse and told if they had witnessed abuse they would report it to the Administrator.
The Interim Administrator B was informed the Immediate Jeopardy was removed on 9/13/23 at 1:56 p.m. The facility remained out of compliance at a severity level of actual harm that is not IJ and a scope of isolated due to the facility's need to evaluate the effectiveness of the corrective systems that were put into place.
SERIOUS
(G)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
ADL Care
(Tag F0677)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record reviews the facility failed to ensure a resident who was unable to carry out activiti...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record reviews the facility failed to ensure a resident who was unable to carry out activities of daily living received the necessary services to maintain good nutrition, grooming and personal and oral hygiene for 2 of 8 residents (Resident #2 and Resident #3) reviewed for Activities of Daily Living.
1.
The facility failed to ensure Resident #2's received incontinent care since the previous day which resulted in his adult brief, sheets and bed soaked with urine.
2.
The facility failed to ensure Resident # 2 was given scheduled showers.
3.
The facility failed to ensure Resident #3's adult brief was clean and dry.
These failures could place residents at risk of embarrassment, discomfort, and skin breakdown.
Findings included:
Resident #2
Record review of Resident #2 face sheet revealed a [AGE] year-old male who was admitted to the facility on [DATE]. Resident #2 had diagnoses which included: dementia, hypertension, hemiplegia and hemiparesis following cerebral infarction (stroke-occurs when there is a disrupted blood flow to the brain) affecting left side, contracture of left wrist, pain in left shoulder, and Type 2 diabetes (condition that affects the way your body uses sugar).
Record review of Resident #2's quarterly Minimum Data Set (MDS), dated [DATE], section C500 BIM summary score of 11 (means moderately impaired). Section G0110 Activities of Daily Living assistance revealed (A) Bed mobility - Limited assistance needed with one person physically assisting. G0120- Bathing required physical help in part of bathing activity with one staff. Section G0300- Moving on and off toilet (8) for activity did not occur. Section H0300- Urinary Incontinence (3) Always incontinent.
Record review of resident care plan, revised of 5/12/23, revealed Resident #2 had an ADL self-care deficit due to previous CVA with residual left side hemiparesis and contracture in left hand. Interventions would be to anticipate and meet the resident's needs.
Observation of Resident #2 on 8/13 at 2:46 p.m., revealed he had a urine odor and soiled brief.
Observation of Resident #2 on 8/16/23 at 11:11 a.m., revealed he had a soiled brief, sheets and the bed was soaked with urine.
Interview with Resident #2 on 8/13/23 at 2:46 p.m., revealed his brief was wet and no one was in to change him since about 5am. He stated that he was told by an unknown CNA that she would be back. However, she did not come back.
Interview with Resident #2 on 8/16/23 at 11:11 a.m. revealed staff did not check on him often nor changed his brief as needed. He stated despite him pressing the call light, staff usually told him they would come back and never return. He stated he had not had a shower since the previous week on Thursday (8/10/23). He said he should have a shower every Tuesday, Thursday and Saturday. He stated it was very embarrassing that he smelled due to staff not changing him and not getting showers on the days he was supposed to get them. He said he wanted to leave the facility because they were not providing services he was paying for.
Interview with the Charge Nurse A on 8/16/23 at 11:17 a.m., revealed she would check to see what staff were responsible for residents on the hall (Hall 300). She stated, This does not make any sense that he was this soaked with urine. She removed the sheets off him and requested Nurse C come to observe. She stated CNA E was responsible for caring for the resident today and did not provide incontinent care for Resident #2. She said she would ensure Resident #2 received a shower and linen was changed because there was no excuse for him not being changed or showered. She said the resident required assistance with incontinent care and showers. CNA's are responsible for bathing and incontinent care of the residents. She said keeping the residents' briefs dry lowered their risk of skin breakdown.
Interview with CNA D on 8/16/23 at 12:07 p.m., revealed CNA E was responsible for Resident #2's room.
Interview with CNA E on 8/16/23 at 1:18 p.m., revealed someone called in and no one told him to cover Resident #2's room. He stated he had not been in Resident #2's room at all during his shift which was 6AM-2PM. He said that the schedule usually had what rooms each staff were responsible for daily.
Resident #3
Record review of Resident #3 face sheet revealed an 85- year-old female that was admitted to the facility on [DATE] with diagnoses which included Alzheimer Disease (a progressive disease that destroys memory), Dementia (a thinking and social symptoms that interferes with daily functioning), Dysphagia (impairment in the production of speech from brain disease), and severe cognitive communication deficit.
Record review of Resident #3's annual MDS revealed in section C500-BIM score was 0. Section H0300- Urinary Incontinence (3)- Always incontinent.
Record review of the care plan dated 5/24/22 and revised date of 4/13/23 revealed Resident #3 had an ADL self-care deficit due to Alzheimer's disease and abnormality of gait and mobility. Bed mobility: The resident required assistance by 1 staff to turn and reposition. Bathing and showering- The resident required physical help by 2 staff with bathing.
Observation on 8/16/23 at 11:19 a.m of Resident #3 revealed she had a strong urine odor. There were no sheets on the bed.
Interview with Resident #3 on 8/16/23 at 11:19 a.m., revealed she was not interview able.
Interview with Charge Nurse on 8/16/23 at 11:22 a.m., revealed her to state the resident was sometimes combative, but she should still receive incontinent care as needed. She removed the sheet off the resident and stated she was wet, and she would get staff to change her.
Interview with the ADON on 8/16/23 at 1:17 p.m., revealed she was unaware two residents were found in wet soiled briefs and that Resident #2 had not had a shower in 3 days. She said that she would look into it and find out why they had not been changed as needed and why Resident #2 had not been showered according to his care plan.