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
Notification of Changes
(Tag F0580)
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 immediately consult with the resident's physician; and notify, consi...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review the facility failed to immediately consult with the resident's physician; and notify, consistent with his or her authority, the resident representative(s) when there was a significant change in the resident's physical, mental, or psychosocial status for 1 of 1 (CR #2) residents reviewed for notification of changes in that:
The facility failed to notify the physician when CR #2 displayed a change in condition on 1/22/23.
An Immediate Jeopardy (IJ) was identified on 8/30/23 at 2:44pm. While the IJ was removed on 8/31/23 at 3:56pm the facility remained out of compliance at a severity level of actual harm and a scope of isolated due to the facility continuing to monitor the implementation and effectiveness of their corrective systems.
This failure could place residents at risk for a decline in health, and possible death.
Findings include:
CR #2's undated face sheet revealed she was an [AGE] year-old female readmitted on [DATE], with diagnoses of Alzheimer's Disease, major depression (extreme sadness, tearfulness), hypertension (high blood pressure), heart failure (heart does not pump blood efficiently), and dysphagia (trouble swallowing). CR #2 was sent to the hospital on 1/22/23 and expired on 1/28/23.
Record review of CR #2's Quarterly MDS dated [DATE], revealed a BIMS score of 3 out of 15, which indicated severely impaired cognition. CR #2 required extensive assistance with bed mobility, transferring, eating, and locomotion. CR #2 used a wheelchair and was always incontinent of bowel and bladder. No was answered to the question, Life expectancy of less than 6 months? According to the MDS, CR #2 required a mechanically altered diet (a change in texture of food or liquids like pureed foods, thickened liquids, Etc.).
Record review of CR #2's care plan, revised 12/4/22, revealed Resident has DX of Alzheimer/Dementia. Resident has short- and long-term memory deficits. Needs moderate assistance with decisions-Resident will have no S/S of side effects to medications through next review date: Observe for change in mental status, increased behaviors, confusion, and notify MD. Observe for/document/report to MD and changes in cognitive function, specifically changes in: decision making ability, memory, recall and general awareness .level of consciousness, mental status. The resident has ADL Self Care Performance deficits regarding .eating r/t cognitive deficits .and resisting care-The resident will remain clean, dry, odor free and appropriately dressed daily with interventions through next review date: Resident requires extensive assistance and verbal cue for eating. Provide physical assistance as needed. Encourage and assist as need to upright position for meals and PO intake.
Record review of CR #2's lab results from 1/13/23 revealed potassium 5.2 (normal 3.5-5.2), BUN 31 (how well kidneys are functioning, normal 6-25%), Creatinine 1.79 (how well kidneys are functioning, normal 0.57-1.11), and eGFR 28 (how well kidneys are working, normal >60).
Record review of CR #2's medical record revealed a progress note from 1/17/23 by MD #1 that stated the reason for the appointment was for a sick visit. CR #2's Labs reviewed creatinine 1.79, potassium 5.2. No significant leg swelling, no shortness of breath. Discontinue Spironolactone.
Record review of CR #2's medical record revealed one blood pressure recorded for 1/22/23 at 7:32am, and it was 111/72.
Record review of CR #2's MAR for 1/22/23 revealed an order to record the Side Effects to Hypnotic/Sedative Medication: (0)None, (1)Anxiety, (2)Blurred Vision, (3)Confusion, (4)Daytime Sedation, (5)Dizziness, (6)Fatigue, (7)Hallucinations, (8)Headache, (9)Mania, (10)Nightmares, (11)Syncope, (12)Urinary Retention, (13)Other, to be done Every day and night shift. The answer for Days on 1/22/23 by LVN #A was (0) or None.
Record review of CR #2's medical record revealed she had the following medications ordered by MD A:
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Amlodipine Besylate Tablet 5mg, 1 PO QD, started on 2/5/22
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Aspirin Tablet Chewable 81mg, 1 PO QD, started on 1/16/18
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Bupropion HCl ER Oral Tablet Extended Release 12 Hr 100mg, 1 PO QD, started on 1/13/23
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Lasix Tablet 20mg, 1 PO QD, started on 11/5/21
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Lisinopril Tablet 5mg, 1 PO QD, started on 2/6/21
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Multivitamin, 1 PO QD, started on 7/1/21
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Docusate Sodium 100mg, 1 PO BID, started on 10/21/20
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Memantine HCl Tablet 10mg, 1 PO BID, started on 10/2/17
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Depakote Sprinkles Capsule Delayed Release 125mg, 1 PO TID, started on 11/19/22
Record review of CR #2's medical record revealed she received the following medications on 1/22/23 by MA A:
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amlodipine Besylate 5mg tab PO at 8:00am
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aspirin 81mg chewable tab PO at 8:00am
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bupropion HCL 100mg PO at 8:00am
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Lasix 20mg PO at 8:00am
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lisinopril 5mg PO at 8:00am
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multivitamin PO at 8:00am
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docusate sodium 100mg PO at 8:00am and 4:00pm
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memantine 10mg PO at 8:00am and 4:00pm
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Depakote sprinkles 125mg PO at 8:00am, 12:00pm, and 4:00pm.
Record review of CR #2's medical record revealed a progress note from 1/22/23 at 5:20pm by LVN A that stated, [Family] in facility concerned about Resident not opening her eyes and not speaking throughout the day. Request for transfer to Patients ER for evaluation. On call Nurse notified of request. Called [name of EMS] and they stated they do not have units out today. On call notified and called 911. Upon arrival of EMS vs 114/92, HR-64, RR-20, 97%, glucose 74, 97.5 vs stable. Resident continues hard to arouse. [Family] request to continue with transfer to Patients ER. Resident leaves via stretcher and report called. No other notes were documented for 1/22/23.
Record review of CR #2's EMS report from 1/22/23 at 5:42pm revealed she was unresponsive and had weakness to her left and ride side. At 5:50pm it revealed CR #2's GCS (used to objectively describe extent of impaired consciousness) was E (best eye response) 2, V (best verbal response) 1, M (best motor response) 3 for a total score of 6 out of 15 which indicated severely impaired consciousness. The E/V/M were scored from 1 (no response) to 4 (normal response). At 6:12pm CR #2 was intubated (a tube in the throat to breathe for you). According to the EMS narrative it revealed, Patient is unconscious and only responsive to pain. It also stated, Facility was unable to obtain vitals. EMS left the facility at 6:07pm and arrived at the hospital at 6:20pm.
Record review of CR #2's hospital record's from 1/22/23, revealed a patient registration form stating admit date was 1/22/23 at 10:16pm to ICU due to UTI, septic shock, and renal failure. Record review of CR #2's hospital records also revealed an H&P from 1/23/23 which indicated she had pyuria (infected urine), leukocytosis (elevated white blood cells) at 13.54, elevated lactic acid (indicator of systemic infection), and renal failure with BUN 79, creatinine 4.13, and GFR 10. According to the H&P, CR #2 was seen in room xxx and was obtunded (unconscious). The H&P also revealed CR #2 had a BP of 42/26 on 1/22/23 at 8:15pm, BP of 77/42 early in the morning of 1/23/23, and a BP of 60/39 on 1/23/23 at 1:00am. It was also revealed CR #2 had coarse rhonchi throughout her lungs and was on 2 L/min of O2 via NC. Her GCS was 7 with E(1), V(1), M(5). According to the assessment/plan from the H&P, CR #2 had a urinary tract infection with severe sepsis, aspiration pneumonia, acute renal failure with acute hyperkalemia, and acute metabolic encephalopathy.
Record review of LVN A's statement from 6/27/23 at 2:30pm revealed on 1/21/23 CR #2 was fine and ate all 3 meals in her wheelchair. LVN A received in morning report on 1/22/23 that CR #2 did not sleep well through the night. LVN A got CR #2 out of bed for breakfast, into her wheelchair, and into the dining room. Per LVN A's statement, she did not wake up enough to eat breakfast, but she was able to wake her up to drink fluids. After breakfast, LVN A laid CR #2 back down in bed, changed her and took her vital signs, which were stable. LVN A's statement revealed before lunch, her and another staff member tried to get CR #2 up, but she was resisting and replied no when asked if she wanted to get up. The 2 staff members changed CR #2 and left her in bed with the HOB raised. Per the statement, when lunch came CR #2 did not wake up to eat, but LVN A checked her vitals, and they were stable (the only vital signs in the medical record were at 7:32am). LVN A's statement said, before dinner they changed CR #2, got her up into the wheelchair and took her to the dining room. Resident CR #2 still said no when asked if she wanted to get up, but since she did not eat lunch, LVN A got her up anyway. During dinner CR #2 did not eat, and her family member came and requested her to be sent to the hospital. LVN A stated her vital signs were stable (the only vital signs in the medical record were taken at 7:32am). EMS arrived and checked CR #2's vitals and they were stable. According to LVN A's statement, EMS asked what they wanted to do because the patient was ok with her eyes closed but was replying verbally very little and vitals were stable. EMS was told to take CR #2 to the hospital for further evaluation d/t sleeping throughout the day.
In an interview with MA A on 7/26/23 at 11:01am she stated she remembered CR #2 and that she was sleepier on 1/22/23 then most days. She said it was normal for CR #2 be sleepy though, because sometimes she would stay up all night and then sleep during the day. She did not remember giving medications to CR #2, how awake she was when she took them, or how she took them because it was too long ago. She stated she made sure residents were awake enough before giving medications by ensuring they could open their eyes, say something, and take a sip of water first.
In an interview with LVN A on 7/26/23 at 11:15am she stated it took 2 people to get CR #2 into a wheelchair on 1/22/23 because she was so sleepy, and she was not able to assist getting into the wheelchair. She also stated CR #2 resisted when they were changing her. LVN A stated CR #2 opened her mouth to drink when she asked her to, but never opened her eyes. She also said she did not feed CR #2 anything, and only gave her water to drink. LVN A stated she could not wake up CR #2 when tapping her shoulder or calling her name, but that was normal for her when she did not sleep at night. She stated she did not open her eyes, but she would say 1 word like no every now and then. When LVN A changed her, she said CR #2 pushed against them and resisted. LVN A stated her vital signs were normal so there was nothing wrong. She stated she did not feel the resident had a change in condition because she was sleepy like this sometimes during the day, when she stayed up all night. She stated she felt like it was okay for her to have gotten CR #2 into her wheelchair, even though she was sleepy, because she had the dining table in front of her so she could not have fallen. LVN A did not remember she documented 0 or none, for side effects to hypnotics/sedatives on 1/22/23. LVN A said she did not understand how EMS could have scored CR #2 as a GCS of 6, because she was not.
In an interview with the DON on 7/26/23 at 11:43am she stated she was not there the day the incident happened because it was a Sunday. She stated it was normal for CR #2 to sleep all day sometimes, if she stayed up all night, and was a heavy sleeper. She stated LVN A had worked with CR #2 for about 5yrs and knew the resident well. She also stated that she was told the family member left for about 3hrs, and if she was that concerned about CR #2, she would not have left. The DON stated the family member went to the facility more than any other family member and staff knew what the family wanted/expected and would not have left the resident like that. She also said if a family member wanted a resident to be sent to the hospital, there were no questions asked and they sent them right away.
In an interview with CR #2's family member on 7/26/23 at 12:03pm, she revealed she arrived at the facility on 1/22/23 between 11:00am and 11:30am and found CR #2 unresponsive in her bed. The family member called out CR #2's name, patted her on the shoulder, and gave her a hug and she still did not respond. The family member went and spoke to LVN A, who stated CR #2 was just really sleepy from staying up the night before. The family member asked MA A why CR #2's food tray was still on her bedside table because she always ate in the dining room. MA A stated LVN A was unable to get CR #2 to eat, so she was going to try again later. The family member stated she told LVN A that CR #2 was not just sleepy and then went back to the resident's room. The family member stayed with CR #2 for a while and stated LVN A never came back into the room. The family member stated she left the facility for about 45min to get her phone charger and a change of clothes because she was going to send CR #2 to the hospital when she got back. The family member stated when she got back to the facility, LVN A told her she was able to get CR #2 to eat some cake and drink some water while she was gone. Then she saw CR #2 in the dining room in her wheelchair, slumped down in the chair with her head hanging back on the wheelchair. She tapped CR #2's arm and called her name, and she did not respond. The family member went back to LVN A and told her she wanted CR #2 transported to the hospital. The family member stated that LVN A said, You want her transported to the hospital? She is just sleepy. The family member said yes, and CR #2 was taken to her room to be changed. According to the family member, when EMS arrived LVN A told EMS She thought CR #2 was just sleepy, but the family member wanted her transferred. The family member stated CR #2 never opened her eyes the whole time she was there and never said one word. Also, the family member stated she last saw CR #2 on Friday, 1/20/23 and she was up in her wheelchair in the lobby, and they were laughing and having a good time. The family member also stated that CR #2 would be sleepy sometimes from staying up all night, but she could be woken up by calling her name or tapping her on the arm. She said she never had been in such a deep sleep that she could not have been woken up.
In an interview with LVN B on 7/26/23 at 12:48pm she revealed she had worked with CR #2 for more than 5yrs and knew her and her family member well. She stated she worked with CR #2 on Friday 1/20/23 and she was awake, alert, and her usual self. She stated that CR #2 would sometimes be sleepy during the day but could be woken up by talking to her or tapping her shoulder. She also stated that it would be abnormal if CR #2 did not wake up or respond if she tried to wake her. LVN B stated she ensured residents were awake enough before giving them something to eat/drink by making sure their eyes were open, and they were talking first. She also stated on the days CR #2 was sleepy, she would not get her out of bed because she would be at risk of falling out of her wheelchair or hurting herself. She said she would not have gotten CR #2 out of bed, to her wheelchair, if she was that sleepy. She said she knew the family member really well and she did not feel that she was overreacting and would have believed that something was wrong.
In an interview with MD A on 9/1/23 at 12:pm revealed, he was CR #2's doctor for many years, and he knew she was declining. He stated she had been diagnosed with heart failure, kidney failure, COPD, as well as dementia. He said he had been fine tuning her medications to allow for all her chronic conditions. He said she was always friendly when she saw him, but lately he could tell she was not feeling well and was slowly declining. He stated he always monitored her lactic acid levels with her chronic kidney disease and liver disease, and there was a decline from her normal baseline. MD A confirmed he was not called on 1/22/23 when CR #2 first displayed a change of condition. Regarding the change of condition in a resident, he said the nurses at the facility were familiar with the residents, and knew their baseline. He revealed he would expect them to call him, call the family, and call 911 if an emergency.
Record review of the facility's policy and procedure on Change in Resident Condition, with no date, read in part: The facility shall promptly notify the resident, his or her Attending Physician, and representative of changes in the resident's medical/mental condition and/or status. 1. The Nurse Supervisor/Charge Nurse will notify the resident's Attending Physician or On-Call Physician when there has been: . d. A significant change in the resident's physical/emotional/mental condition . i. Instructions to notify the Physician of changes in the resident's condition. 2. A significant change of condition is a decline or improvement in the resident's status that: a. Will not normally resolve itself without intervention by staff or by implementing standard disease-related clinical interventions (is not self-limiting) b. Impacts more than one area of the resident's health status . 3. Prior to notifying the Physician or healthcare provider, the nurse will make detailed observations and gather relevant and pertinent information for the provider. 4. Unless otherwise instructed by the resident, the Nurse Supervisor/Charge Nurse will notify the resident's family or representative when: . b. There is a significant change in the resident's physical, mental, or psychosocial status . 7. The Nurse Supervisor/Charge Nurse will record in the resident's medical record information relative to changes in the resident's medical/mental condition or status.
The facility Administrator received the IJ template on 8/30/23 at 2:44pm.
The Plan of Removal (POR) was accepted on 8/31/23 at 2:50pm and reflected:
Immediate Action Taken
(Initiated (08/29/23) (Completion 08/29/23)
1.
Resident #1 was discharged 911 to [Name of the Medical Center] on 01/22/2023 and did not return to the facility. On 08/29/2023 LVN A, B, and C on duty, the Director of Nurses, the ADON, Wound Care Nurse, and two MDS nurses did an immediate assessment of all 101 residents in the building. All vital signs and any concerns regarding residents' physical, mental, and psychosocial conditions were documented in {EMR system]. This immediate action was initiated at 1:00PM by all 8 nurses and completed by 3:00PM. The medical director was also in the facility while 100% of residents were assessed. No residents were found exhibiting a change of condition of an emergency nature. All on-going concerns were already being addressed by the physician and staff
(Initiated 08/29/23) (Completion 08/29/23)
2.
The three charge nurses, LVN A, charge nurse #1 and identified as Resident #1's charge nurse, LVN B, charge nurse #2, and LVN C, charge nurse #3 were the three charge nurses who were in the facility on 08/29/2023 and helped conduct the initial assessments of 100 percent of the residents along with LVN D, wound care, RN A, ADON, LVN E, MDS and LVN F, MDS. All of the nurses on duty at that time were in-serviced by the Director Nurses, on the following on 08/29/2023. RN B and RN C were the other two charge nurses working the shift that was identified in the immediate jeopardy. Both of them are being in-serviced on 08/30/2023 and are not scheduled to work for several days.
a.
Existing Change of Condition policy. No policy changes required.
b.
How to perform a complete resident assessment, including, vitals, other staff interviews, and concerns of a physical, mental, or psychosocial nature.
c.
How to properly document all findings in the EMR and on the 24 hour report.
d.
Emergency Change of Condition requiring 911. In the event of a medical emergency regarding change of condition, the charge nurse shall immediately call 911 for transport to the nearest local hospital. The judgement of the clinical staff and guidelines outlined in the Resident Assessment Instrument and 42 CFR 483.20 (b)(ii) shall be the guiding principle.
e.
Non-Emergencv Change of Condition requiring physician intervention, continued monitoring.
The charge nurse shall notify the physician, nursing supervisor, and family (RP) of any significant change in the resident's physical, mental, and psychosocial status. The nurse will gather info on the resident and immediately contact the physician to obtain orders for the continued monitoring and treatment of the resident. All staff present on 08/29/2023 were required to take a five (5) question test following the in-service. Any staff not making a 100 were required to be in-serviced again by the DON. Then, they were required to take the test again. Anyone not passing after three (3) consecutive times were not allowed to work their assigned shift on that day, until all in-service requirements were met. All nursing staff present passed on their first try.
(Initiated (08/29/23) (Completion 08/29/23)
3.
A Quality Assurance Performance Improvement meeting was held on 08/29/2023 at 12:00PM to review the allegations surrounding the Immediate Jeopardy and the plan moving forward related to the Plan of Removal. The Medical Director was notified and in attendance for the meeting on 08/29/2023.
(Initiated 08/30/23) Completion 08/30/23)
4.
The Medical Director was notified by phone of the additional IJ for Tag 580 - Notification to Physician.
(Initiated 08/30/23) (Completion 09/01/23)
5.
The Director of Nursing in-serviced all licensed nurses in the facility on 08/30/2023 on notification of the physician when a change of condition occurs. The charge nurse, LVN A, who was identified as CR#2 's charge nurse and both other nurses who worked that specific shift on 01/28/2023 received the in-service. All other licensed nurses in the facility, including two additional charge nurses, the ADON, wound care nurse, and two MDS nurses also received the training. All permanent nurses will be required to receive the same training prior to working any further shifts. Also, this in-service provision for any agency nurses or new hires will be on-going from 08/30/23. Any agency and new hires will be required to receive the training before they will be allowed to work a shift.
On-Going Training
(Initiated (08/29/23) (Completion 08/30/23)
1.
While all staff present on 08/29/2023 completed their in-service successfully, all other permanent, licensed nurses will be required to undergo the same in-service prior to working their assigned shift.
(Initiated (08/29/23) (On-going)
2.
If the facility requires the use of agency staff, they will be required to go through the same training as permanent staff. Each shift shall identify one charge nurse who has been properly trained in providing the in-service and training to the agency staff prior to their working their assigned shift. Agency staff [NAME] not be allowed to work unless they successfully pass the test per the above requirements.
(Initiated (08/29/23) (On-going)
3.
Newly hired staff will have this entire component of the same exact training and testing by the Director of Nurses built into their orientation process. No newly hired staff will be allowed to train on the floor until they successfully complete the training and pass the test in the same manner as all other staff.
(Initiated (08/30/23) (On-going)
4.
The DON and Administrator will review the 24 report daily for any changes in condition. They will also verify that the charge nurse notified the physician regarding that change of condition.
From 8/31/23-9/1/23 a monitoring visit was conducted to ensure the facility was following it's POR. The visits revealed:
On 8/29/31-8/31/23, the Director of Nursing began in-services with all nursing staff on change of condition and notification of physician. The Director of Nursing also had nurses perform assessments on all residents in the facility on 8/29/23, including vital signs. The DON also said she would monitor the 24hr report daily, for any change of condition reports.
Record review of assessments performed by nurses on 8/29/23-8/31/23, revealed no concerns.
Record review of in-services on 8/31/23 revealed nursing staff had a Change of Resident Condition in-service on 8/29/23 and 8/30/23, with a 5-question posttest.
Record review of in-services on 8/31/23 also revealed nursing staff had a Notification of Physician, Family and Others in-service on 8/30/23 and 8/31/23.
Record review on 8/31/23 revealed a QAPI meeting was conducted on 8/29/23 to review the Plan of Removal and the plan moving forward on trainings.
Record review of the facility's policy and procedure on Notification to Physician, Family and Others on 8/31/23 revealed facility will inform the resident's physician, and resident's representative of any changes in the resident's physical, mental, or psychological status, including in emergency or non-emergency changes in condition.
Interviews with nursing staff on 8/31/23 revealed they had training on changes of resident condition with a post-test. Nursing staff were able to describe what to do in an emergency and non-emergency changes of condition, including notifying the physician. Nursing staff also confirmed they assessed the residents on 8/29/23-8/31/23.
Interviews with CNA's on 8/31/23 revealed they would let the charge nurse know about any change in condition in the resident, and they would stay with the resident.
Observations and interviews with residents on 8/31/23 revealed they were satisfied with their care. They also confirmed that they had a nurse come and assess them in the last couple of days.
Interview with the physician on 8/31/23 revealed he expected staff to call him, call the family, and call 911 if it was an emergency regarding change of condition. He stated the staff knew the resident's well and knew their baseline.
The facility's ADM was notified the IJ was removed on 8/31/23 at 3:46 PM.
While the Immediate Jeopardy was removed on 8/31/23, the facility remained out of compliance due to the facility's need to evaluate the effectiveness of the Plan of Removal
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
Quality of Care
(Tag F0684)
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 ensure residents received treatment and care in accordance with pro...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure residents received treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the residents' choices, for 1 of 1 resident (CR #2) reviewed for quality of care.
-The facility failed to provide needed care and services resulting in a decline of CR #2's physical, mental, and psychosocial wellbeing on 1/22/23.
-CR #2 was identified as unresponsive at 11:00am on 1/22/23 by the family, and only at the request of the family was CR #2 sent out to the hospital.
An Immediate Jeopardy (IJ) was identified on 8/30/23 at 2:44pm. While the IJ was removed on 8/31/23 at 3:56pm the facility remained out of compliance at a severity level of actual harm and a scope of isolated due to the facility continuing to monitor the implementation and effectiveness of their corrective systems.
These failures could place residents at risk for a decrease in their physical, mental, and psychosocial wellbeing.
Findings include:
CR #2's undated face sheet revealed she was an [AGE] year-old female readmitted on [DATE], with diagnoses of Alzheimer's Disease, major depression (extreme sadness, tearfulness), hypertension (high blood pressure), heart failure (heart does not pump blood efficiently), and dysphagia (trouble swallowing). CR #2 was sent to the hospital on 1/22/23 and expired on 1/28/23.
Record review of CR #2's Quarterly MDS dated [DATE], revealed a BIMS score of 3 out of 15, which indicated severely impaired cognition. CR #2 required extensive assistance with bed mobility, transferring, eating, and locomotion. CR #2 used a wheelchair and was always incontinent of bowel and bladder. No was answered to the question, Life expectancy of less than 6 months? According to the MDS, CR #2 required a mechanically altered diet (a change in texture of food or liquids like pureed foods, thickened liquids, Etc.).
Record review of CR #2's care plan, revised 12/4/22, revealed Resident has DX of Alzheimer/Dementia. Resident has short- and long-term memory deficits. Needs moderate assistance with decisions-Resident will have no S/S of side effects to medications through next review date: Observe for change in mental status, increased behaviors, confusion, and notify MD. Observe for/document/report to MD and changes in cognitive function, specifically changes in: decision making ability, memory, recall and general awareness .level of consciousness, mental status. The resident has ADL Self Care Performance deficits regarding .eating r/t cognitive deficits .and resisting care-The resident will remain clean, dry, odor free and appropriately dressed daily with interventions through next review date: Resident requires extensive assistance and verbal cue for eating. Provide physical assistance as needed. Encourage and assist as need to upright position for meals and PO intake.
Record review of CR #2's medical record revealed a progress note from 1/22/23 at 5:20pm by LVN A that stated, [Family] in facility concerned about Resident not opening her eyes and not speaking throughout the day. Request for transfer to Patients ER for evaluation. On call Nurse notified of request. Called [name of EMS] and they stated they do not have units out today. On call notified and called 911. Upon arrival of EMS vs 114/92, 64, 20, 97%, glucose 74, 97.5 vs stable. Resident continues hard to arouse. [Family] request to continue with transfer to Patients ER. Resident leaves via stretcher and report called. No other notes were documented for 1/22/23.
Record review of CR #2's EMS report from 1/22/23 at 5:42pm revealed she was unresponsive and had weakness to her left and ride side. At 5:50pm it revealed CR #2's GCS (used to objectively describe extent of impaired consciousness) was E (best eye response) 2, V (best verbal response) 1, M (best motor response) 3, for a total score of 6 out of 15 which indicated severely impaired consciousness. The E/V/M were scored from 1 (no response) to 4 (normal response). At 6:12pm CR #2 was intubated (a tube in the throat to breathe for you). According to the EMS narrative it revealed, Patient is unconscious and only responsive to pain. It also stated, Facility was unable to obtain vitals. EMS left the facility at 6:07pm and arrived at the hospital at 6:20pm.
On 1/28/23 at 9:26am the ICU progress note revealed CR #2 had an O2 saturation of 67%. A progress note from 1/28/23 at 4:50pm revealed CR #2's time of death was 4:50pm.
Record review of CR #2's Certificate of Death issued 2/22/23, revealed the cause of death as aspiration pneumonia with severe sepsis.
Record review of LVN As statement from 6/27/23 at 2:30pm revealed on 1/21/23 CR #2 was fine and ate all 3 meals in her wheelchair. LVN A received in morning report on 1/22/23 that CR #2 did not sleep well through the night. LVN A got CR #2 out of bed for breakfast, into her wheelchair, and into the dining room. Per LVN A's statement, she did not wake up enough to eat breakfast, but she was able to wake her up to drink fluids. After breakfast, LVN A laid CR #2 back down in bed, changed her and took her vital signs, which were stable. LVN A's statement revealed before lunch, her and another staff member tried to get CR #2 up, but she was resisting and replied no when asked if she wanted to get up. The 2 staff members changed CR #2 and left her in bed with the HOB raised. Per the statement, when lunch came CR #2 did not wake up to eat, but LVN A checked her vitals, and they were stable (the only vital signs in the medical record were at 7:32am). LVN A's statement said, before dinner they changed CR #2, got her up into the wheelchair and took her to the dining room. Resident CR #2 still said no when asked if she wanted to get up, but since she did not eat lunch, LVN A got her up anyway. During dinner CR #2 did not eat, and her family member came and requested her to be sent to the hospital. LVN A stated her vital signs were stable (the only vital signs in the medical record were taken at 7:32am). EMS arrived and checked CR #2's vitals and they were stable. According to LVN A's statement, EMS asked what they wanted to do because the patient was ok with her eyes closed but was replying verbally very little and vitals were stable. EMS was told to take CR #2 to the hospital for further evaluation d/t sleeping throughout the day.
In an interview with MA A on 7/26/23 at 11:01am she stated she remembered CR #2 and that she was sleepier on 1/22/23 then most days. She said it was normal for CR #2 be sleepy though, because sometimes she would stay up all night and then sleep during the day. She did not remember giving medications to CR #2, how awake she was when she took them, or how she took them because it was too long ago. She stated she made sure residents were awake enough before giving medications by ensuring they could open their eyes, say something, and take a sip of water first.
In an interview with LVN A on 7/26/23 at 11:15am she stated it took 2 people to get CR #2 into a wheelchair on 1/22/23 because she was so sleepy, and she was not able to assist getting into the wheelchair. She also stated CR #2 resisted when they were changing her. LVN A stated CR #2 opened her mouth to drink when she asked her to, but never opened her eyes. She also said she did not feed CR #2 anything, and only gave her water to drink. LVN A stated she could not wake up CR #2 when tapping her shoulder or calling her name, but that was normal for her when she did not sleep at night. She stated she did not open her eyes, but she would say 1 word like no every now and then. When LVN A changed her, she said CR #2 pushed against them and resisted. LVN A stated her vital signs were normal so there was nothing wrong. She stated she did not feel the resident had a change in condition because she was sleepy like this sometimes during the day, when she stayed up all night. She stated she felt like it was okay for her to have gotten CR #2 into her wheelchair, even though she was sleepy, because she had the dining table in front of her so she could not have fallen. LVN A did not remember she documented 0 or none, for side effects to hypnotics/sedatives on 1/22/23. LVN A said she did not understand how EMS could have scored CR #2 as a GCS of 6, because she was not.
In an interview with CR #2's family member on 7/26/23 at 12:03pm, she revealed she arrived at the facility on 1/22/23 between 11:00am and 11:30am and found CR #2 unresponsive in her bed. The family member called out CR #2's name, patted her on the shoulder, and gave her a hug and she still did not respond. The family member went and spoke to LVN A, who stated CR #2 was just really sleepy from staying up the night before. The family member asked MA A why CR #2's food tray was still on her bedside table because she always ate in the dining room. The MA A stated LVN A was unable to get CR #2 to eat, so she was going to try again later. The family member stated she told LVN A that CR #2 was not just sleepy and then went back to the resident's room. The family member stayed with CR #2 for a while and stated LVN A never came back into the room. The family member stated she left the facility for about 45min to get her phone charger and a change of clothes because she was going to send CR #2 to the hospital when she got back. The family member stated when she got back to the facility, LVN A told her she was able to get CR #2 to eat some cake and drink some water while she was gone. Then she saw CR #2 in the dining room in her wheelchair, slumped down in the chair with her head hanging back on the wheelchair. She tapped CR #2's arm and called her name, and she did not respond. The family member went back to LVN A and told her she wanted CR #2 transported to the hospital. The family member stated that LVN A said, You want her transported to the hospital? She is just sleepy. The family member said yes, and CR #2 was taken to her room to be changed. According to the family member, when EMS arrived LVN A told EMS She thought CR #2 was just sleepy, but the family member wanted her transferred. The family member stated CR #2 never opened her eyes the whole time she was there and never said one word. Also, the family member stated she last saw CR #2 on Friday, 1/20/23 and she was up in her wheelchair in the lobby, and they were laughing and having a good time. The family member also stated that CR #2 would be sleepy sometimes from staying up all night, but she could be woken up by calling her name or tapping her on the arm. She said she never had been in such a deep sleep that she could not have been woken up.
In an interview with LVN B on 7/26/23 at 12:48pm she revealed she had worked with CR #2 for more than 5yrs and knew her and her family member well. She stated she worked with CR #2 on Friday 1/20/23 and she was awake, alert, and her usual self. She stated that CR #2 would sometimes be sleepy during the day but could be woken up by talking to her or tapping her shoulder. She also stated that it would be abnormal if CR #2 did not wake up or respond if she tried to wake her. LVN B stated she ensured residents were awake enough before giving them something to eat/drink by making sure their eyes were open, and they were talking first. She also stated on the days CR #2 was sleepy, she would not get her out of bed because she would be at risk of falling out of her wheelchair or hurting herself. She said she would not have gotten CR #2 out of bed, to her wheelchair, if she was that sleepy. She said she knew the family member really well and she did not feel that she was overreacting and would have believed that something was wrong.
In an interview on 8/2/23 at 8:50am with the Activities Director she stated, the family member went to her office on 1/22/23 around lunch time and asked her to come look at CR #2. When the Activities Director got to the room and saw CR #2, she thought the resident was just sleeping. She said she saw the resident was not waking up when the family member was trying to wake her up. She stated that she whispered in the family member's ear to send her out to the hospital and was trying to convince her to call EMS. She said that she was only the Activity Director and did not want to step on anyone's shoes, so she stayed in her lane and could not tell the nurse's what to do. She said the incident happened before lunch and she did not see the family member anymore after that because she got busy with her activities, and she did not know what happened after that.
In an interview with MD A on 9/1/23 at 12:pm revealed, he was CR #2's doctor for many years, and he knew she was declining. MD A confirmed he was not called on 1/22/23 when CR #2 first displayed a change of condition. Regarding the change of condition in a resident, he said the nurses at the facility were familiar with the residents, and knew their baseline. He revealed he would expect them to call him, call the family, and call 911 in an emergency if there was a decline from her baseline.
The facility Administrator received the IJ template on 8/30/23 at 2:44pm.
The Plan of Removal (POR) was accepted on 8/31/23 at 2:50pm and reflected:
Immediate Action Taken
(Initiated (08/29/23) (Completion 08/29/23)
1.
Resident #1 was discharged 911 to (Name of Medical Center) on 01/22/2023 and did not return to the facility.
On 08/29/2023 three charge nurses on duty, the Director of Nurses, the ADON, Wound Care Nurse, and two MDS nurses did an immediate assessment of all 101 residents in the building. All vital signs and any concerns regarding residents' physical, mental, and psychosocial conditions were documented in (name of EMR). This immediate action was initiated at 1:00PM by all 8 nurses and completed by 3:00PM. The medical director was also in the facility while 100% of residents were assessed. No residents were found exhibiting a change of condition of an emergency nature. All on-going concerns were already being addressed by the physician and staff
(Initiated 08/29/23) (Completion 08/29/23)
2.
The three charge nurses, LVN A, charge nurse #1 and identified as Resident #1's charge nurse, LVN B, charge nurse #2, and LVN C, charge nurse #3 were the three charge nurses who were in the facility on 08/29/2023 and helped conduct the initial assessments of 100 percent of the residents along with LVN D, wound care, RN A, ADON, LVN E, MDS and LVN F, MDS. All of the nurses on duty at that time were in-serviced by the Director Nurses, on the following on 08/29/2023. RN B and RN C were the other two charge nurses working the shift that was identified in the immediate jeopardy. Both of them are being in-serviced on 08/30/2023 and are not scheduled to work for several days.
a.
Existing Change of Condition policy. No policy changes required.
b.
How to perform a complete resident assessment, including, vitals, other staff interviews, and concerns of a physical, mental, or psychosocial nature.
c.
How to properly document all findings in (name of EMR) and on the 24 hour report.
d.
Emergency Change of Condition requiring 911. In the event of a medical emergency regarding change of condition, the charge nurse shall immediately call 911 for transport to the nearest local hospital. The judgement of the clinical staff and guidelines outlined in the Resident Assessment Instrument and 42 CFR 483.20 (b)(ii) shall be the guiding principle.
e.
Non-Emergencv Change of Condition requiring physician intervention, continued monitoring.
The charge nurse shall notify the physician, nursing supervisor, and family (RP) of any significant change in the resident's physical, mental, and psychosocial status. The nurse will gather info on the resident and immediately contact the physician to obtain orders for the continued monitoring and treatment of the resident. All staff present on 08/29/2023 were required to take a five (5) question test following the in-service. Any staff not making a 100 were required to be in-serviced again by the DON. Then, they were required to take the test again. Anyone not passing after three (3) consecutive times were not allowed to work their assigned shift on that day, until all in-service requirements were met. All nursing staff present passed on their first try.
(Initiated (08/29/23) (Completion 08/29/23)
3.
A Quality Assurance Performance Improvement meeting was held on 08/29/2023 at 12:00PM to review the allegations surrounding the Immediate Jeopardy and the plan moving forward related to the Plan of Removal. The Medical Director was notified and in attendance for the meeting on 08/29/2023.
(Initiated 08/30/23) Completion 08/30/23)
4.
The Medical Director was notified by phone of the additional IJ for Tag 684.
On-Going Training
(Initiated (08/29/23) (Completion 08/30/23)
1.
While all staff present on 08/29/2023 completed their in-service successfully, all other permanent, licensed nurses will be required to undergo the same in-service prior to working their assigned shift.
(Initiated (08/29/23) (On-going)
2.
If the facility requires the use of agency staff, they will be required to go through the same training as permanent staff. Each shift shall identify one charge nurse who has been properly trained in providing the in-service and training to the agency staff prior to their working their assigned shift. Agency staff [NAME] not be allowed to work unless they successfully pass the test per the above requirements.
(Initiated (08/29/23) (On-going)
3.
Newly hired staff will have this entire component of the same exact training and testing by the Director of Nurses built into their orientation process. No newly hired staff will be allowed to train on the floor until they successfully complete the training and pass the test in the same manner as all other staff.
(Initiated (08/30/23) (On-going)
4.
The DON and Administrator will review the 24 report daily for any changes in condition. They will also verify that any non-emergency physician orders are being administered and that any resident who experienced an emergency change in condition was transported to the nearest hospital via 911.
From 8/31/23-9/1/23 a monitoring visit was conducted to ensure the facility was following it's POR. The visits revealed:
On 8/29/31-8/31/23, the Director of Nursing began in-services with all nursing staff on change of condition and notification of physician. The Director of Nursing also had nurses perform assessments on all residents in the facility on 8/29/23, including vital signs. The DON also said she would monitor the 24hr report daily, for any change of condition reports.
Record review of assessments performed by nurses on 8/29/23-8/31/23, revealed no concerns.
Record review of in-services on 8/31/23 revealed nursing staff had a Change of Resident Condition in-service on 8/29/23 and 8/30/23, with a 5-question posttest.
Record review of in-services on 8/31/23 also revealed nursing staff had a Notification of Physician, Family and Others in-service on 8/30/23 and 8/31/23.
Record review on 8/31/23 revealed a QAPI meeting was conducted on 8/29/23 to review the Plan of Removal and the plan moving forward on trainings.
Record review of the facility's policy and procedure on Notification to Physician, Family and Others on 8/31/23 revealed facility will inform the resident's physician, and resident's representative of any changes in the resident's physical, mental, or psychological status, including in emergency or non-emergency changes in condition.
Interviews with nursing staff on 8/31/23 revealed they had training on changes of resident condition with a post-test. Nursing staff were able to describe what to do in an emergency and non-emergency changes of condition, including notifying the physician. Nursing staff also confirmed they assessed the residents on 8/29/23-8/31/23.
Interviews with CNA's on 8/31/23 revealed they would let the charge nurse know about any change in condition in the resident, and they would stay with the resident.
Observations and interviews with residents on 8/31/23 revealed they were satisfied with their care. They also confirmed that they had a nurse come and assess them in the last couple of days.
Interview with the physician on 8/31/23 revealed he expected staff to call him, call the family, and call 911 if it was an emergency regarding change of condition. He stated the staff knew the resident's well and knew their baseline.
The facility's ADM was notified the IJ was removed on 8/31/23 at 3:46 PM.
While the Immediate Jeopardy was removed on 8/31/23, the facility remained out of compliance due to the facility's need to evaluate the effectiveness of the Plan of Removal.
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0726
(Tag F0726)
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 ensure licensed nurses had the specific competencies and skill sets ...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review the facility failed to ensure licensed nurses had the specific competencies and skill sets necessary to care for residents' needs, as identified through resident assessments, and described in the plan of care for 1 of 1 nurse (LVN A) reviewed for nursing services.
LVN A failed to identify CR #2 was unresponsive on 1/22/23.
LVN A got CR #2 into her wheelchair and attempted to give her water to drink, when she was unresponsive.
An Immediate Jeopardy (IJ) was identified on 8/30/23 at 2:44pm. While the IJ was removed on 8/31/23 at 3:56pm the facility remained out of compliance at a severity level of actual harm and a scope of isolated due to the facility continuing to monitor the implementation and effectiveness of their corrective systems.
These failures could place all residents at risk for inadequate or delayed treatment and interventions, based on inaccurate assessments.
Findings include:
CR #2's undated face sheet revealed she was an [AGE] year-old female readmitted on [DATE], with diagnoses of Alzheimer's Disease, major depression (extreme sadness, tearfulness), hypertension (high blood pressure), heart failure (heart does not pump blood efficiently), and dysphagia (trouble swallowing). CR #2 was sent to the hospital on 1/22/23 and expired on 1/28/23.
Record review of CR #2's Quarterly MDS dated [DATE], revealed a BIMS score of 3 out of 15, which indicated severely impaired cognition. CR #2 required extensive assistance with bed mobility, transferring, eating, and locomotion. CR #2 used a wheelchair and was always incontinent of bowel and bladder. No was answered to the question, Life expectancy of less than 6 months? According to the MDS, CR #2 required a mechanically altered diet (a change in texture of food or liquids like pureed foods, thickened liquids, Etc.).
Record review of CR #2's care plan, revised 12/4/22, revealed Resident has DX of Alzheimer/Dementia. Resident has short- and long-term memory deficits. Needs moderate assistance with decisions-Resident will have no S/S of side effects to medications through next review date: Observe for change in mental status, increased behaviors, confusion, and notify MD. Observe for/document/report to MD and changes in cognitive function, specifically changes in: decision making ability, memory, recall and general awareness .level of consciousness, mental status. The resident has ADL Self Care Performance deficits regarding .eating r/t cognitive deficits .and resisting care-The resident will remain clean, dry, odor free and appropriately dressed daily with interventions through next review date: Resident requires extensive assistance and verbal cue for eating. Provide physical assistance as needed. Encourage and assist as need to upright position for meals and PO intake.
Record review of CR #2's lab results from 1/13/23 revealed potassium 5.2 (normal 3.5-5.2), BUN 31 (how well kidneys are functioning, normal 6-25%), Creatinine 1.79 (how well kidneys are functioning, normal 0.57-1.11), and eGFR 28 (how well kidneys are working, normal >60).
Record review of CR #2's medical record revealed a progress note from 1/17/23 by MD A that stated the reason for the appointment was for a sick visit. CR #2's Labs reviewed creatinine 1.79, potassium 5.2. No significant leg swelling, no shortness of breath. Discontinue Spironolactone.
Record review of CR #2's medical record revealed one blood pressure recorded for 1/22/23 at 7:32am, 111/72.
Record review of CR #2's MAR for 1/22/23 revealed an order to record the Side Effects to Hypnotic/Sedative Medication: (0)None, (1)Anxiety, (2)Blurred Vision, (3)Confusion, (4)Daytime Sedation, (5)Dizziness, (6)Fatigue, (7)Hallucinations, (8)Headache, (9)Mania, (10)Nightmares, (11)Syncope, (12)Urinary Retention, (13)Other, to be done Every day and night shift. The answer for Days on 1/22/23 by LVN A was (0) or None.
Record review of CR #2's medical record revealed she had the following medications ordered by MD A:
-
Amlodipine Besylate Tablet 5mg, 1 PO QD, started on 2/5/22
-
Aspirin Tablet Chewable 81mg, 1 PO QD, started on 1/16/18
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Bupropion HCl ER Oral Tablet Extended Release 12 Hr 100mg, 1 PO QD, started on 1/13/23
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Lasix Tablet 20mg, 1 PO QD, started on 11/5/21
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Lisinopril Tablet 5mg, 1 PO QD, started on 2/6/21
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Multivitamin, 1 PO QD, started on 7/1/21
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Docusate Sodium 100mg, 1 PO BID, started on 10/21/20
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Memantine HCl Tablet 10mg, 1 PO BID, started on 10/2/17
-
Depakote Sprinkles Capsule Delayed Release 125mg, 1 PO TID, started on 11/19/22
Record review of CR #2's medical record revealed she received the following medications on 1/22/23 by MA A:
-
amlodipine Besylate 5mg tab PO at 8:00am
-
aspirin 81mg chewable tab PO at 8:00am
-
bupropion HCL 100mg PO at 8:00am
-
Lasix 20mg PO at 8:00am
-
lisinopril 5mg PO at 8:00am
-
multivitamin PO at 8:00am
-
docusate sodium 100mg PO at 8:00am and 4:00pm
-
memantine 10mg PO at 8:00am and 4:00pm
-
Depakote sprinkles 125mg PO at 8:00am, 12:00pm, and 4:00pm.
Record review of CR #2's medical record revealed a progress note from 1/22/23 at 5:20pm by LVN A that stated, [Family] in facility concerned about Resident not opening her eyes and not speaking throughout the day. Request for transfer to Patients ER for evaluation. On call Nurse notified of request. Called [name of EMS] and they stated they do not have units out today. On call notified and called 911. Upon arrival of EMS vs 114/92, 64, 20, 97%, glucose 74, 97.5 vs stable. Resident continues hard to arouse. [Family] request to continue with transfer to Patients ER. Resident leaves via stretcher and report called. No other notes were documented for 1/22/23.
Record review of CR #2's EMS report from 1/22/23 at 5:42pm revealed she was unresponsive and had weakness to her left and ride side. At 5:50pm it revealed CR #2's GCS (used to objectively describe extent of impaired consciousness) was E (best eye response) 2, V (best verbal response) 1, M (best motor response) 3, for a total score of 6 out of 15 which indicated severely impaired consciousness. The E/V/M were scored from 1 (no response) to 4 (normal response). At 6:12pm CR #2 was intubated (a tube in the throat to breathe for you). According to the EMS narrative it revealed, Patient is unconscious and only responsive to pain. It also stated, Facility was unable to obtain vitals. EMS left the facility at 6:07pm and arrived at the hospital at 6:20pm.
Record review of CR #2's hospital record's from 1/22/23, revealed a patient registration form stating admit date was 1/22/23 at 10:16pm to ICU. Record review of CR #2's hospital records revealed an H&P from 1/23/23 which revealed CR #2 had a BP of 42/26 on 1/22/23 at 8:15pm, BP of 77/42 early in the morning of 1/23/23, and a BP of 60/39 on 1/23/23 at 1:00am. It was also revealed CR #2 had coarse rhonchi throughout her lungs and was on 2 L/min of O2 via NC. According to the labs from 1/22/23 she had pyuria (infected urine), leukocytosis (elevated white blood cells) at 13.54, elevated lactic acid (indicator of systemic infection), and renal failure with BUN 79, creatinine 4.13, and GFR 10. Her GCS was 7 (severe) with E(1), V(1), M(5). According to the assessment/plan from the H&P, CR #2 had a urinary tract infection with severe sepsis, aspiration pneumonia, acute renal failure with acute hyperkalemia, and acute metabolic encephalopathy.
Record review of CR #2's ICU progress notes from 1/24/23 revealed she was still unconscious, had a foley catheter, and was on 4 L/min of O2 via NC. The ICU progress note from 1/25/23 revealed CR #2's urine culture came back positive for an MDRO-E. Coli. It also revealed CR #2 had to be switched to a NRBM at 4 L/min of O2. It also stated CR #2's ABG revealed hypoxia and her chest x-ray was worse than the previous one. On 1/28/23 at 9:26am the ICU progress note revealed CR #2 had an O2 saturation of 67%. A progress note from 1/28/23 at 4:50pm revealed CR #2's time of death was 4:50pm.
Record review of CR #2's Certificate of Death issued 2/22/23, revealed the cause of death as aspiration pneumonia with severe sepsis.
Record review of LVN As statement from 6/27/23 at 2:30pm revealed on 1/21/23 CR #2 was fine and ate all 3 meals in her wheelchair. LVN A received in morning report on 1/22/23 that CR #2 did not sleep well through the night. LVN A got CR #2 out of bed for breakfast, into her wheelchair, and into the dining room. Per LVN A's statement, she did not wake up enough to eat breakfast, but she was able to wake her up to drink fluids. After breakfast, LVN A laid CR #2 back down in bed, changed her and took her vital signs, which were stable. LVN A's statement revealed before lunch, her and another staff member tried to get CR #2 up, but she was resisting and replied no when asked if she wanted to get up. The 2 staff members changed CR #2 and left her in bed with the HOB raised. Per the statement, when lunch came CR #2 did not wake up to eat, but LVN A checked her vitals, and they were stable (the only vital signs in the medical record were at 7:32am). LVN A's statement said, before dinner they changed CR #2, got her up into the wheelchair and took her to the dining room. Resident CR #2 still said no when asked if she wanted to get up, but since she did not eat lunch, LVN A got her up anyway. During dinner CR #2 did not eat, and her family member came and requested her to be sent to the hospital. LVN A stated her vital signs were stable (the only vital signs in the medical record were taken at 7:32am). EMS arrived and checked CR #2's vitals and they were stable. According to LVN A's statement, EMS asked what they wanted to do because the patient was ok with her eyes closed but was replying verbally very little and vitals were stable. EMS was told to take CR #2 to the hospital for further evaluation d/t sleeping throughout the day.
In an interview with MA A on 7/26/23 at 11:01am she stated she remembered CR #2 and that she was sleepier on 1/22/23 then most days. She said it was normal for CR #2 be sleepy though, because sometimes she would stay up all night and then sleep during the day. She did not remember giving medications to CR #2, how awake she was when she took them, or how she took them because it was too long ago. She stated she made sure residents were awake enough before giving medications by ensuring they could open their eyes, say something, and take a sip of water first.
In an interview with LVN A on 7/26/23 at 11:15am she stated it took 2 people to get CR #2 into a wheelchair on 1/22/23 because she was so sleepy, and she was not able to assist getting into the wheelchair. She also stated CR #2 resisted when they were changing her. LVN A stated CR #2 opened her mouth to drink when she asked her to, but never opened her eyes. She also said she did not feed CR #2 anything, and only gave her water to drink. LVN A stated she could not wake up CR #2 when tapping her shoulder or calling her name, but that was normal for her when she did not sleep at night. She stated she did not open her eyes, but she would say 1 word like no every now and then. When LVN A changed her, she said CR #2 pushed against them and resisted. LVN A stated her vital signs were normal so there was nothing wrong. She stated she did not feel the resident had a change in condition because she was sleepy like this sometimes during the day, when she stayed up all night. She stated she felt like it was okay for her to have gotten CR #2 into her wheelchair, even though she was sleepy, because she had the dining table in front of her so she could not have fallen. LVN A did not remember she documented 0 or none, for side effects to hypnotics/sedatives on 1/22/23. LVN A said she did not understand how EMS could have scored CR #2 as a GCS of 6, because she was not.
In an interview with the DON on 7/26/23 at 11:43am she stated she was not there the day the incident happened because it was a Sunday. She stated it was normal for CR #2 to sleep all day sometimes, if she stayed up all night, and was a heavy sleeper. She stated LVN A had worked with CR #2 for about 5yrs and knew the resident well. She also stated that she was told the family member left for about 3hrs, and if she was that concerned about CR #2, she would not have left. The DON stated the family member went to the facility more than any other family member and staff knew what the family wanted/expected and would not have left the resident like that. She also said if a family member wanted a resident to be sent to the hospital, there were no questions asked and they sent them right away.
In an interview with CR #2's family member on 7/26/23 at 12:03pm, she revealed she arrived at the facility on 1/22/23 between 11:00am and 11:30am and found CR #2 unresponsive in her bed. The family member called out CR #2's name, patted her on the shoulder, and gave her a hug and she still did not respond. The family member went and spoke to LVN A, who stated CR #2 was just really sleepy from staying up the night before. The family member asked MA A why CR #2's food tray was still on her bedside table because she always ate in the dining room. The MA A stated LVN A was unable to get CR #2 to eat, so she was going to try again later. The family member stated she told LVN A that CR #2 was not just sleepy and then went back to the resident's room. The family member stayed with CR #2 for a while and stated LVN A never came back into the room. The family member stated she left the facility for about 45min to get her phone charger and a change of clothes because she was going to send CR #2 to the hospital when she got back. The family member stated when she got back to the facility, LVN A told her she was able to get CR #2 to eat some cake and drink some water while she was gone. Then she saw CR #2 in the dining room in her wheelchair, slumped down in the chair with her head hanging back on the wheelchair. She tapped CR #2's arm and called her name, and she did not respond. The family member went back to LVN A and told her she wanted CR #2 transported to the hospital. The family member stated that LVN A said, You want her transported to the hospital? She is just sleepy. The family member said yes, and CR #2 was taken to her room to be changed. According to the family member, when EMS arrived LVN A told EMS She thought CR #2 was just sleepy, but the family member wanted her transferred. The family member stated CR #2 never opened her eyes the whole time she was there and never said one word. Also, the family member stated she last saw CR #2 on Friday, 1/20/23 and she was up in her wheelchair in the lobby, and they were laughing and having a good time. The family member also stated that CR #2 would be sleepy sometimes from staying up all night, but she could be woken up by calling her name or tapping her on the arm. She said she never had been in such a deep sleep that she could not have been woken up.
In an interview with LVN B on 7/26/23 at 12:48pm she revealed she had worked with CR #2 for more than 5yrs and knew her and her family member well. She stated she worked with CR #2 on Friday 1/20/23 and she was awake, alert, and her usual self. She stated that CR #2 would sometimes be sleepy during the day but could be woken up by talking to her or tapping her shoulder. She also stated that it would be abnormal if CR #2 did not wake up or respond if she tried to wake her. LVN B stated she ensured residents were awake enough before giving them something to eat/drink by making sure their eyes were open, and they were talking first. She also stated on the days CR #2 was sleepy, she would not get her out of bed because she would be at risk of falling out of her wheelchair or hurting herself. She said she would not have gotten CR #2 out of bed, to her wheelchair, if she was that sleepy. She said she knew the family member really well and she did not feel that she was overreacting and would have believed that something was wrong.
In an interview on 8/2/23 at 8:50am with the Activities Director she stated, the family member went to her office on 1/22/23 around lunch time and asked her to come look at CR #2. When the Activities Director got to the room and saw CR #2, she thought the resident was just sleeping. She said she saw the resident was not waking up when the family member was trying to wake her up. She stated that she whispered in the family member's ear to send her out to the hospital and was trying to convince her to call EMS. She said that she was only the Activity Director and did not want to step on anyone's shoes, so she stayed in her lane and could not tell the nurse's what to do. She said the incident happened before lunch and she did not see the family member anymore after that because she got busy with her activities, and she did not know what happened after that.
Record review of the facility's policy and procedure on Change in Resident Condition, with no date, read in part: The facility shall promptly notify the resident, his or her Attending Physician, and representative of changes in the resident's medical/mental condition and/or status. 1. The Nurse Supervisor/Charge Nurse will notify the resident's Attending Physician or On-Call Physician when there has been: . d. A significant change in the resident's physical/emotional/mental condition . i. Instructions to notify the Physician of changes in the resident's condition. 2. A significant change of condition is a decline or improvement in the resident's status that: a. Will not normally resolve itself without intervention by staff or by implementing standard disease-related clinical interventions (is not self-limiting) b. Impacts more than one area of the resident's health status . 3. Prior to notifying the Physician or healthcare provider, the nurse will make detailed observations and gather relevant and pertinent information for the provider. 4. Unless otherwise instructed by the resident, the Nurse Supervisor/Charge Nurse will notify the resident's family or representative when: . b. There is a significant change in the resident's physical, mental, or psychosocial status . 7. The Nurse Supervisor/Charge Nurse will record in the resident's medical record information relative to changes in the resident's medical/mental condition or status.
The facility Administrator received the IJ template on 8/30/23 at 2:44pm.
The Plan of Removal (POR) was accepted on 8/31/23 at 2:50pm and reflected:
Immediate Action Taken
(Initiated (08/29/23) (Completion 08/29/23)
Resident #1 was discharged 911 to (Name of Medical Center) on 01/22/2023 and did not return to the facility.
On 08/29/2023 three charge nurses on duty, the Director of Nurses, the ADON, Wound Care Nurse, and two MDS nurses did an immediate assessment of all 101 residents in the building. All vital signs and any concerns regarding residents' physical, mental, and psychosocial conditions were documented in (name of EMR). This immediate action was initiated at 1:00PM by all 8 nurses and completed by 3:00PM. The medical director was also in the facility while 100% of residents were assessed. No residents were found exhibiting a change of condition of an emergency nature. All on-going concerns were already being addressed by the physician and staff
(Initiated 08/29/23) (Completion 08/29/23)
1.
The three charge nurses, LVN A, charge nurse #1 and identified as Resident #1's charge nurse, LVN B, charge nurse #2, and LVN C, charge nurse #3 were the three charge nurses who were in the facility on 08/29/2023 and helped conduct the initial assessments of 100 percent of the residents along with LVN D, wound care, RN A, ADON, LVN E, MDS and LVN F, MDS. All of the nurses on duty at that time were in-serviced by the Director Nurses on the following on 08/29/2023. RN B and RN C were the other two charge nurses working the shift that was identified in the immediate jeopardy. Both of them are being in-serviced on 08/30/2023 and are not scheduled to work for several days.
a.
Existing Change of Condition policy. No policy changes required.
b.
How to perform a complete resident assessment, including, vitals, other staff interviews, and concerns of a physical, mental, or psychosocial nature.
c.
How to properly document all findings in (name of EMR) and on the 24 hour report.
d.
Emergency Change of Condition requiring 911. In the event of a medical emergency regarding change of condition, the charge nurse shall immediately call 911 for transport to the nearest local hospital. The judgement of the clinical staff and guidelines outlined in the Resident Assessment Instrument and 42 CFR 483.20 (b)(ii) shall be the guiding principle.
e.
Non-Emergencv Change of Condition requiring physician intervention, continued monitoring.
The charge nurse shall notify the physician, nursing supervisor, and family (RP) of any significant change in the resident's physical, mental, and psychosocial status. The nurse will gather info on the resident and immediately contact the physician to obtain orders for the continued monitoring and treatment of the resident. All staff present on 08/29/2023 were required to take a five (5) question test following the in-service. Any staff not making a 100 were required to be in-serviced again by the DON. Then, they were required to take the test again. Anyone not passing after three (3) consecutive times were not allowed to work their assigned shift on that day, until all in-service requirements were met. All nursing staff present passed on their first try.
Plan of Removal - 8/29/23
(Initiated (08/29/23) (Completion 08/29/23)
3. A Quality Assurance Performance Improvement meeting was held on 08/29/2023 at 12:00PM to review the allegations surrounding the Immediate Jeopardy and the plan moving forward related to the Plan of Removal. The Medical Director was notified and in attendance for the meeting on 08/29/2023
On-Going Training
(Initiated (08/29/23) (Completion 08/30/23)
1. While all staff present on 08/29/2023 completed their in-service successfully, all other permanent, licensed nurses will be required to undergo the same in-service prior to working their assigned shift.
(Initiated (08/29/23) (On-going)
2.
If the facility requires the use of agency staff, they will be required to go through the same training as permanent staff. Each shift shall identify one charge nurse who has been properly trained in providing the in-service and training to the agency staff prior to their working their assigned shift. Agency staff [NAME] not be allowed to work unless they successfully pass the test per the above requirements.
(Initiated (08/29/23) (On-going)
3.
Newly hired staff will have this entire component of the same exact training and testing by the Director of Nurses built into their orientation process. No newly hired staff will be allowed to train on the floor until they successfully complete the training and pass the test in the same manner as all other staff.
(Initiated (08/30/23) (On-going)
4.
The DON and Administrator will review the 24 report daily for any changes in condition.
From 8/31/23-9/1/23 a monitoring visit was conducted to ensure the facility was following it's POR. The visits revealed:
On 8/29/31-8/31/23, the Director of Nursing began in-services with all nursing staff on change of condition and notification of physician. The Director of Nursing also had nurses perform assessments on all residents in the facility on 8/29/23, including vital signs. The DON also said she would monitor the 24hr report daily, for any change of condition reports.
Record review of assessments performed by nurses on 8/29/23-8/31/23, revealed no concerns.
Record review of in-services on 8/31/23 revealed nursing staff had a Change of Resident Condition in-service on 8/29/23 and 8/30/23, with a 5-question posttest.
Record review of in-services on 8/31/23 also revealed nursing staff had a Notification of Physician, Family and Others in-service on 8/30/23 and 8/31/23.
Record review on 8/31/23 revealed a QAPI meeting was conducted on 8/29/23 to review the Plan of Removal and the plan moving forward on trainings.
Record review of the facility's policy and procedure on Notification to Physician, Family and Others on 8/31/23 revealed facility will inform the resident's physician, and resident's representative of any changes in the resident's physical, mental, or psychological status, including in emergency or non-emergency changes in condition.
Interviews with nursing staff on 8/31/23 revealed they had training on changes of resident condition with a post-test. Nursing staff were able to describe what to do in an emergency and non-emergency changes of condition, including notifying the physician. Nursing staff also confirmed they assessed the residents on 8/29/23-8/31/23.
Interviews with CNA's on 8/31/23 revealed they would let the charge nurse know about any change in condition in the resident, and they would stay with the resident.
Observations and interviews with residents on 8/31/23 revealed they were satisfied with their care. They also confirmed that they had a nurse come and assess them in the last couple of days.
Interview with the physician on 8/31/23 revealed he expected staff to call him, call the family, and call 911 if it was an emergency regarding change of condition. He stated the staff knew the resident's well and knew their baseline.
The facility's ADM was notified the IJ was removed on 8/31/23 at 3:46 PM.
While the Immediate Jeopardy was removed on 8/31/23, the facility remained out of compliance due to the facility's need to evaluate the effectiveness of the Plan of Removal.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Transfer
(Tag F0626)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview, the facility failed to follow written policies on permitting residents to ret...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview, the facility failed to follow written policies on permitting residents to return to the facility after they were hospitalized or placed on therapeutic leave for 1 of 2 closed Records (CR #1) reviewed.
1. The facility failed to readmit CR #1 after he was hospitalized .
This failure could place residents, who transfer to the hospital, at risk of being denied readmission to the facility.
Findings include:
Observation of the facility on 06/26/23 at 12:15PM, revealed CR #1 was not in the facility.
Record review of CR #1's undated face sheet revealed he was [AGE] year-old male admitted to the facility on [DATE]. His diagnoses included, heart disease, essential hypertension (High blood pressure), lack of coordination cerebral infarction, dementia, psychotic disturbance, mood disturbance, and anxiety.
Record review of CR #1's nurse note dated 1/2023 read in part- : 1200- transportation EMS transportation scheduled for resident to go to Local Hospital ER. ETA 1 hour. Resident was notified that he would be going to the local Hospital when transportation arrived. Resident stated, Good, I have friends there. I like their food better. 1250- EMS transportation arrived at facility to transport resident. CR #1 was assisted onto stretcher. While on stretcher, resident yelling using explicit and being verbally abusive. Resident kicked female paramedic in the leg and hit her in stomach. Resident rolling on stretcher trying to get off and attempting to hit any staff close to him. Stretcher moved away from desk to prevent resident from hitting his head or any other body parts on desk. Resident stating, he was going to put himself on the ground and tried to slide himself off stretcher. At this time, paramedics denied transport stating they will not take him while he is being combative and aggressive. This nurse asked resident if he would get onto the stretcher peacefully because this nurse did not want to call police to help. Resident replied with, Call them. 911 called and awaiting arrival. EMS called to have another ambulance sent. This nurse, CNAs, staff, and administration present. 1:10PM - Police arrived. Resident was friendly and cooperative with police and stated that he will get on the stretcher for safety to be transported to the local Hospital. This nurse, CNAs, staff, and administration present .
In a telephone interview on 06/23/23 at 9:20AM, CR #1's RP said she got a five-day discharge letter from the facility that CR #1 was discharged to the hospital and would only be readmitted back for few days. She said she was supposed to get a 30- day letter. She said she felt CR #1 was not treated fairly. She said she would not send CR #1 back to the facility. She sent the letter but was not assessable. CR #1's RP was contacted but did not respond.
In an interview with the facility Administrator and DON on 06/27/23 at 1:00PM, the Administrator said CR#1 was not present at the facility. He said CR #1 was sent out due to behavior. He said CR#1 threatened another resident that he was going to beat him and cut his head off. The Administrator said CR#1 was cursing and yelling at every one on his way and the facility staff could not get him to calm down. The DON said CR#1 was very aggressive during transfer that he kicked the first ambulance driver that came to pick him up to go to the hospital. She said all was documented on the nurse's notes. She said the police had to be called and he finally slowed down when the police appeared. The Administrator said CR #1 said he was not going anywhere unless he had all his belonging, and his belongings were given to him before leaving the facility.
The Administrator said he had a conversation with the hospital case worker that he would take CR #1 back for few days and assist CR # 1 in locating a suitable facility that could manage his behavior. He said he was willing to accept CR #1 back but never received a call back from the local hospital that CR #1 was ready to come back to the facility. He provided a telephone # to hospital case worker.
During an interview with the Hospital Case worker on 07/07/23 at 11:30AM, hospital CW said, during a phone conversation, the Facility Administrator told her that he would only admit CR #1 for a few days and assist in discharging him to a more appropriate facility. The Hospital CW said after that conversation she did not reach out to the facility. The Hospital CW said she decided to find a placement for CR #1.
Interview with the Administrator on 07/26/23 at 9:40AM, he said he did not refuse to take CR #1 back but would discharge him if his behavior continued and the facility would assist CR #1 to locate a safe place where his behavior could be managed.
Record review of a facility's provided letter to local Hospital dated 06/02/23 at 11:11AM read in part As you are aware, CR #1 was sent to the hospital on Wednesday for behaviors. Wednesday was incredibly difficult day for him behavior wise, as was the week before. After sending him to the hospital, we notify them that we will still help so that he has a safe discharge to another facility .
In an interview on 07/26/23, the Administrator said CR # 1's discharge was an emergency discharge and for the safety of other residents. He said he would have taken CR #1 back if the local hospital CW reached out for CR #1's return but the local hospital did not. He said he issue the 5 days letter since no one reached out to him.
Record review of the facility's policy/procedure related to admission, transfer, and discharge undated did not address emergency discharge.
permitting residents to return to the facility after being sent out to hospital for evaluation. The policy read in part, Emergency discharge.