Failure to Respond to Changes in Condition and Follow Continuous Oxygen Orders
Summary
The deficiency involves the facility’s failure to recognize and respond to significant changes in condition and to follow physician orders for continuous oxygen therapy. One resident with severe cognitive impairment and multiple cardiopulmonary diagnoses, including COPD, chronic respiratory failure with hypoxia, and CHF, had an active order and care plan for continuous oxygen at 2 L via nasal cannula and monitoring for signs of respiratory distress with provider notification as needed. On one night, an LPN documented that the resident was drowsy, complained of shortness of breath, and had a respiratory rate of 44 breaths per minute; a nebulizer treatment was given and the respiratory rate decreased only to 36, but there was no documentation of provider notification. On another shift, an agency LPN found the same resident struggling to breathe, with wheezing, tachycardia, tachypnea, and oxygen saturation of 93% on 5 L of oxygen; a nebulizer treatment was administered and vital signs were reassessed, but again there was no provider notification documented. The agency LPN reported being unfamiliar with facility protocol for shortness of breath and stated that an RN advised giving a breathing treatment and passing the information to the next shift. An RN also reported observing fast, shallow respirations and a respiratory rate of 31 but was not concerned and did not notify a provider. The same resident, who had recently been hospitalized and intubated for acute respiratory failure with hypoxia and CHF exacerbation, was sent out of the facility to a nephrology appointment without oxygen, despite an active order for continuous oxygen at 2 L via nasal cannula. The transport driver reported that the resident was breathing fast and worsened during transport and was unsure if oxygen was in use. At the nephrology office, the resident was noted to be only arousable to verbal stimuli, slumped in a wheelchair, with fast, shallow respirations and not wearing oxygen. The nephrologist’s office called 911, and the resident was sent to the emergency department, where documentation showed hypoxia with an oxygen saturation of 86%, a diagnosis of acute respiratory failure and CHF exacerbation, and initiation of BiPAP. A second resident, admitted for rehabilitation after a femur fracture and documented as cognitively intact and requiring partial to moderate assistance with transfers, experienced multiple indicators of a change in condition that were not adequately assessed or communicated. On the morning of the resident’s death, vital signs showed hypotension with a blood pressure of 98/45 and pulse of 61, leading an LPN to hold Metoprolol per parameters and also to hold another medication without parameters, with no documentation of physician notification. There was no skilled nursing assessment or progress note documented for that day or the previous day, and CNA documentation of meal intake was missing for both days. A CNA reported that the resident was pale, lethargic, weak, refused breakfast, and complained of not feeling well, and stated these findings were reported to the LPN, but the CNA did not observe further follow-up. Later that morning, a nurse practitioner assessed the resident and documented that the resident appeared ill, pale, drowsy but arousable, with a dry mouth, nausea, fatigue, and a low blood pressure of 98/45. The NP reported these concerns to the LPN, advised administration of Compazine, and contacted another NP, recommending laboratory testing and/or further evaluation. The LPN acknowledged awareness of the low blood pressure and that the resident was ill, but stated that she did not physically assess the resident before going to lunch, only visually observing the resident sleeping from outside the room, did not notify a provider of the condition, and could not document the time of anti-nausea medication administration, which was not found in the record. A late entry note by the LPN later described the resident as sleeping with even, unlabored respirations. When the consulting NP arrived later that day, family friends expressed concern, and the NP found the resident unresponsive, pulseless, cold, and CPR was initiated. The DON and regional nurse consultant both confirmed that the nurse should have documented the change in condition and promptly notified the physician, and the facility’s Notification of Changes and Oxygen Administration policies require prompt provider notification for significant changes in condition and changes related to oxygen therapy. The facility’s own policies on Notification of Changes and Oxygen Administration state that physicians must be consulted when there is a significant change in condition, including life-threatening conditions or clinical complications, and that staff must document assessments and notify the physician of changes in vital signs and oxygen-related issues. In both residents’ cases, documented abnormal vital signs, respiratory distress, and clear changes from baseline were not followed by timely provider notification, comprehensive assessment, or adherence to ordered continuous oxygen therapy. These omissions and failures to follow policy and physician orders form the basis of the cited deficiency.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release June 24, 2026) and official state health department websites — never guesswork.
Trusted by long-term care providers and associations.



