F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
E

Failure to Ensure Nursing Competency in Respiratory Care and Safe Narcotic Management

Warren Center For Rehabilitation And NursingQueensbury, New York Survey Completed on 04-15-2026

Summary

The deficiency involves the facility’s failure to ensure that licensed nursing staff, including nursing leadership, possessed the competencies and skills necessary to provide specialized respiratory care and safe medication practices, as required by facility policy. The facility’s competency policy required managers to ensure job-specific training and competency validation on hire, annually, upon changes in duties or processes, and when performance concerns were identified, with documentation of training and validation. Despite this, surveyors found that staff providing tracheostomy and respiratory care lacked documented competencies in these areas, and that the Director of Nursing did not carry out required oversight functions related to investigation of incidents, physician notification, and corrective actions. For one resident with throat cancer, a tracheostomy, and HIV, the Minimum Data Set documented that the resident was cognitively intact, required substantial to maximal assistance with activities of daily living, and received suctioning and tracheostomy care. Physician orders required tracheostomy care every shift and as needed. During observations on two separate dates, the resident’s tracheostomy setup included an uncovered suction catheter lying on top of a suction canister containing cloudy fluid, with no dates on tubing or equipment, and later the same setup was seen unchanged with a used urinal directly below and an undated water bottle connected to the tracheostomy collar. The care plan called for an Ambu bag at bedside, but no Ambu bag was present. The resident reported that tracheostomy care and suctioning were not being performed, that staff were not skilled to perform it, and that they did not offer the care. When interviewed, an LPN stated they had performed tracheostomy care for this resident on a specific date, but the supplies in the room appeared unchanged from prior observations. The LPN was unable to locate necessary supplies, could not describe full tracheostomy care, and stated they had required additional training to be competent in proper tracheostomy care. Review of the Treatment Administration Record showed inconsistent documentation of ordered tracheostomy care across shifts, with multiple staff initials and variability in completion, and included directions to encourage the resident to allow staff or self-clean, which was inconsistent with the resident’s documented need for skilled nursing interventions. The LPN’s competency records showed validation for infection control, medication administration, and blood glucose monitoring, but no documented competency validation for tracheostomy care or respiratory equipment management. For another resident with head and neck cancer, an artificial laryngectomy tube, and cirrhosis, the care plan identified pain management needs and respiratory needs related to the artificial airway, including monitoring respiratory status, observing for signs of respiratory distress or changes in secretions, and providing suctioning as ordered. The Medication Administration Record documented that a narcotic pain medication had been administered by an RN and that pain was reassessed and evaluated as effective, with no incident documented in the medical record. However, an incident statement later documented that the RN had placed a crushed narcotic in a medication cup in the resident’s room, left it unattended, and upon return found the medication missing. The RN assumed the resident had taken the medication, confronted the resident, and the resident denied taking it, yet the MAR for the surrounding dates documented the narcotic as administered by the RN. The facility’s narcotic management policy required that all narcotics be secured, accounted for, and discrepancies immediately reported to the Director of Nursing, and the notifications and accident/incident policies required prompt reporting, investigation, and physician notification of incidents and adverse events. The Medical Director stated they were not notified of the narcotic discrepancy and that the medication should not have been documented as administered if the facts were unclear. A law officer reported that they had deferred further action based on the DON’s assurance that the facility would conduct an internal investigation. The DON acknowledged responsibility for oversight of clinical care and investigations but did not provide evidence that a complete investigation was conducted, and there was no documentation of staff interviews, fact-finding, determination of cause, or corrective actions. There was also no evidence that the resident’s physician was notified of the missing narcotic or the allegation that the resident consumed the medication, no documentation of disciplinary or performance action for the nurse involved, and no evidence that performance concerns led to competency evaluation or retraining. Additionally, although the care plan identified airway management and monitoring needs for this resident, physician orders did not reflect airway management needs or emergency equipment. These findings collectively demonstrated that the facility failed to ensure nursing staff competency in respiratory care, safe medication practices, and appropriate investigation and physician notification, as required by policy and regulation.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

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See other F0726 citations
Failure to Provide Competent CPR Response and Verify Code Status for Full Code Resident
J
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with full code status was found unresponsive without respirations or pulse during the night shift. An RN and an LPN initiated CPR but did not activate EMS, and they discontinued CPR after about 20 minutes. The RN, who lacked documented orientation and competency assessment and had obtained BLS certification through a fully online, non–instructor-led course, pronounced the resident deceased without authority and later stated she believed the resident was on hospice and did not verify code status. The LPN’s BLS certification was expired, and a CNA with an expired BLS certification performed several chest compressions despite facility policy that CNAs were not to perform CPR. The RN had not participated in documented code blue drills, and leadership confirmed that required clinical orientation and skills competencies had not been completed for her, leading surveyors to determine that staff were not adequately trained or competent to respond to a cardiopulmonary arrest for a full code resident, resulting in an Immediate Jeopardy finding.

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Lack of Qualified Oversight and Documentation in Restorative Nursing Program
D
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility failed to ensure that the nurse overseeing the Restorative Nursing Program had documented competencies, qualifications, or a defined job description, despite policy assigning responsibility for restorative oversight to specific clinical staff. One resident with severe dementia developed left-hand clenching and pain; the Restorative Nurse documented assessments and the possible use of a palm protector, but there was no further documentation of restorative services, no record that restorative services were in place, and no follow-up provider communication beyond an earlier notification noted by the DON. Another resident with advanced debility, chronic pain, and hand tremors had a care plan for frequent restorative services, but documentation showed repeated refusals due to pain, painful palm protector application, and lack of a consistent pain-management plan before interventions. The Restorative Nurse reported evaluating the resident and notifying the provider to discontinue restorative services, yet no supporting provider notification documentation was available, while she also stated she independently assesses and determines residents’ appropriateness for restorative services without documented restorative-specific competencies.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Uncertified Unit Aides Performing CNA-Level Direct Care
F
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility allowed uncertified Unit Aides (UAs) to perform CNA-level direct care despite job descriptions and the DON’s statements limiting UAs to non–hands-on helper tasks. Multiple alert and oriented residents reported that a UA assisted them with bed baths, incontinence care, transfers (including use of a mechanical lift), showering, and dressing. A CNA confirmed that, when short-staffed, UAs were used as additional CNAs and performed ADL care and transfers, and that another UA on nights escorted residents requiring one-person assist to the restroom. The DON stated that CNAs must be certified or enrolled in an LPN program and that UAs have no formal training requirement and should not provide resident care, while facility job descriptions showed UAs are intended only for cleaning, transport, and simple assistance at meals, and CNAs are responsible for ADLs and direct resident care.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Perform and Document Accurate Skin Assessments for Newly Admitted Resident
D
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with aphasia and chronic kidney disease was admitted with documented redness on the right thigh and a physician order for weekly skin assessments. The admission evaluation instructed staff to complete a thorough head-to-toe skin assessment, but the next-day skilled documentation by an LVN indicated the resident had no skin conditions. Later that day, a hospital documented redness and bruising to the hip, back, and leg, and the DON reported to a hospital physician that bruising had been present on admission but had enlarged. Facility CNAs and an LVN gave inconsistent accounts of seeing or not seeing bruising, with one LVN stating she used only bathroom light and that night nurses did not typically perform full skin assessments. The DON and ADON acknowledged that admitting nurses were responsible for initial skin assessments, that staff generally did not measure skin conditions, and that a recent EMR change contributed to incomplete documentation. These actions and omissions resulted in incomplete and inaccurate skin assessment and documentation, contrary to the facility’s Skin Management policy and the physician’s orders.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Assess, Monitor, and Notify Provider for Resident With Profuse Bleeding and Critical Lab Value
J
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with a history of circulatory surgery, an aortocoronary bypass graft, and on anticoagulant therapy experienced an acute onset of profuse rectal bleeding and shortness of breath during a night shift. An ACMA was functioning as charge on one hall while an LPN covered the other hall; the ACMA reported the resident’s bleeding and distress, and the LPN came once to the room but did not provide ongoing assessment or monitoring, later stating they were behind on work and relying on the ACMA to monitor. EMS later found the room with evidence of a significant hemorrhagic event and the resident unconscious on the toilet. Progress notes lacked documentation of significant change in condition, assessments, or interventions for the bleeding and respiratory distress, and the facility failed to notify the medical provider of a critical Hgb of 6.3 or of the acute bleeding. The facility also could not produce annual competency records for the LPN or ACMA, and the resident’s family was not notified of the change in condition or death until later.

Fine: $99,585
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Maintain Nursing Staff Competency, CPR Certification, and Appropriate Emergency Response
E
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility failed to ensure nursing staff maintained required competencies and responded appropriately during an emergency. Review of personnel files showed that nearly half of the CNAs lacked current CPR certification, despite job descriptions requiring CPR training and maintenance, and the DSD confirmed that CPR renewals and mock codes were not being maintained or documented. CNA competency evaluations had not been completed annually since 2024, and licensed nurse skill evaluations for an RN and several LVNs were incomplete, missing dates and signatures. One RN’s IV therapy competency was evaluated by an LVN, even though the DON stated IV therapy was outside the LVN scope, while the DON’s job description assigned her responsibility for annual competency training. In a resident emergency involving low oxygen saturation, an RN did not assess the resident, did not obtain full VS, left the bedside to call 911, and did not return or document assessments, while an LVN left the resident alone multiple times instead of using a walkie talkie, administered only 2 L/min O2 without reassessment, did not obtain BP, and failed to document pre- and post-oxygen VS, contrary to facility CPR and oxygen administration policies.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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