Lewis & Clark Gardens
Inspection history, citations, penalties and survey trends for this long-term care facility in Saint Charles, Missouri.
- Location
- 1221 Boones Lick Road, Saint Charles, Missouri 63301
- CMS Provider Number
- 265160
- Inspections on file
- 29
- Latest survey
- April 1, 2026
- Citations (last 12 mo.)
- 7
Citation history
Health deficiencies cited at Lewis & Clark Gardens during CMS and state inspections, most recent first.
The facility failed to ensure the DON fulfilled full-time administrative responsibilities when the census exceeded 60 residents. The DON job description required the DON to direct nursing services and be present or engaged in work-related activities at least eight hours per weekday, but census records showed 80+ residents while staffing sheets documented the DON repeatedly working as a charge nurse on day, evening, and night shifts. In interviews, the DON reported routinely covering floor shifts due to licensed nurse shortages, was unaware this was not permitted with a high census, and acknowledged being unable to consistently complete chart reviews and audits, including for falls and interventions. The Administrator also stated unawareness that the DON could not routinely work the floor under these census conditions.
Surveyors found persistent urine and fecal odors and stained carpeting throughout multiple hallways, the lobby, and several resident rooms, with strong air freshener smells often masking underlying urine odors. Observations documented strong urine and feces odors near a nurses’ station, in specific rooms, and along entire hallways, as well as multiple areas of visibly stained carpet. The Housekeeping Supervisor reported that two floor technicians rotated daily carpet cleaning with an extractor and odor agent, that carpets were cleaned every two to three days, and that odors were usually floor-related, worsened by residents who frequently spilled urinals or refused room access. The Administrator acknowledged there was no odor-specific policy, stated expectations that staff identify and eliminate odor sources, and confirmed that carpets were cleaned on a rotating and as-needed basis, despite the facility’s housekeeping standard that "no smells" equaled clean.
Surveyors found that the facility failed to consistently investigate falls, identify root causes, and update care plans with individualized fall-prevention interventions for two residents with dementia, cognitive impairment, and dependence in ADLs, despite multiple unwitnessed and witnessed falls resulting in pain and skin tears. Required event reports were often missing or incomplete, contributing factors were not analyzed, and care plans were not revised after repeated falls, even though the facility’s policies and Fall Champion Program required detailed post-fall investigation, IDT review, and care plan updates. In one case, CNAs assisted a resident from the floor and returned the resident to bed before an RN assessed the resident, contrary to the facility’s event/accident policy requiring immediate nursing assessment prior to moving a resident after a fall.
A cognitively intact, fully dependent resident with hemiparesis and traumatic spinal cord dysfunction reported to a CNA and the Activity Director that a staff member, identified by nickname, squeezed the resident’s cheeks and told the resident to shut up while the resident was yelling and felt like falling out of bed. The CNA and Activity Director reported this as potential abuse to the DON and Administrator, and the DON and ADON obtained a similar account from the resident and had the resident identify the suspected CNA. The Administrator then brought the CNA into the resident’s room and questioned them together, at which point the resident denied the allegation. Despite facility policy requiring immediate reporting of all abuse allegations to the state agency within two hours, the Administrator did not report the allegation or complete an investigation, basing this inaction on the resident’s later denial in the presence of the accused staff member.
The facility failed to promptly and thoroughly investigate an allegation of verbal and physical abuse involving a cognitively intact resident who was dependent on staff for ADLs and had hemiparesis, respiratory failure, and traumatic spinal cord dysfunction. The resident reported that a CNA entered the room, yelled at the resident to shut up, and forcefully squeezed the resident’s face, causing pain and fear. Although the allegation was reported by another CNA to the DON and ADON and brought to the Administrator, the Administrator interviewed the resident with the alleged CNA present, accepted the resident’s denial in that context, and did not report the allegation to the state agency or initiate the required investigation. Record review showed no interviews or statements from the alleged perpetrator, other residents, or staff, and no evidence that a comprehensive abuse investigation was conducted.
The facility did not consistently serve meals at appropriate temperatures or follow standardized recipes, resulting in residents receiving cold, unappetizing, and improperly prepared food. Multiple residents reported dissatisfaction with meal quality, and observations confirmed food was often served below required temperatures, with missing ingredients and incomplete temperature logs. Dietary staff admitted to not recording temperatures and deviating from recipes, while management was unaware of the ongoing issues.
Four dependent residents, including those on hospice and with cognitive impairment or incontinence, did not receive scheduled showers or alternative bathing assistance for several days while on the COVID isolation unit. Documentation was lacking, and interviews revealed that staff did not offer or provide bathing help despite resident requests, resulting in poor hygiene and unmet care needs.
A resident with Huntington's disease, at risk for falls, was pushed by a CNA while attempting to retrieve paper from the floor, resulting in a fall and a large bruise. The CNA did not assist the resident after the fall or call for a nurse, and the facility failed to assess the resident's injury until it was brought to their attention by a surveyor. Facility policies required protection from abuse and neglect, but these were not followed in this incident.
A resident with Huntington's disease was found living in unsanitary conditions, with food debris, dirty linens, and a cluttered room that had not been cleaned for over a week. Housekeeping staff avoided the room due to a prior incident, and the facility lacked a policy for maintaining a clean, homelike environment. The resident's needs for assistance and communication were not adequately addressed, resulting in a failure to provide a safe and sanitary living space.
A resident with Parkinson's disease reported that a staff member threatened to hit them after refusing assistance, and multiple staff became aware of the allegation. However, the incident was not promptly reported to the Administrator or state authorities as required by facility policy, resulting in a delay in addressing the abuse allegation.
A resident with Huntington's disease, traumatic subdural hemorrhage, and anxiety did not have a comprehensive, person-centered care plan addressing the specific symptoms and care needs related to Huntington's disease. Staff were not adequately informed about the disease, leading to fear, miscommunication, and misunderstanding of the resident's behaviors. Family and staff interviews confirmed that the lack of a disease-specific care plan resulted in inadequate and inappropriate care approaches.
A certified medication technician verbally abused a resident with dementia and other cognitive impairments by yelling, cussing, and using vulgar language after the resident refused care. Multiple witnesses, including another resident and a visitor, confirmed the staff member's inappropriate behavior, and the staff member admitted to verbally abusing the resident in response to the situation.
A resident with severe cognitive impairment and a history of wandering exited the facility through an alarmed door without staff knowledge due to insufficient alarm volume and missed 15-minute checks. The resident was later found outside with multiple injuries, and staff only became aware of the absence after noticing a call light and searching the premises.
A CNA took a resident's government-issued debit card without permission and used it for unauthorized ATM withdrawals and payments for food delivery, utilities, and a cell phone provider, totaling over $1,300. The resident, who was able to handle their own finances, noticed the missing funds and reported it to the BOM. The incident was confirmed through transaction records and ATM footage, and the resident denied authorizing the transactions.
The facility failed to maintain a clean kitchen environment, with issues in food storage, preparation, and service. Observations showed improper sealing and labeling of food, unclean kitchen surfaces, and a freezer not maintaining the required temperature. Staff did not follow handwashing and glove use protocols, handling food and utensils without changing gloves or washing hands. The three-compartment sink lacked sanitizer, and the sink compartments did not hold water, leading to improper dishwashing. The Dietary Manager was aware of these issues but did not address them effectively.
During a survey, hazardous materials such as chafing fuel, nail polish remover, and cleaning products were found unsecured in areas accessible to residents. Staff interviews revealed a lack of awareness about securing these items, contributing to the deficiency.
The facility failed to provide adequate respiratory care for several residents, including improper use and documentation of CPAP and BiPAP machines, unlabeled oxygen tubing, and improperly stored nebulizer masks. Observations and interviews revealed a lack of adherence to physician's orders and facility policies, resulting in inadequate care for residents with chronic respiratory conditions.
The facility failed to serve food that was palatable and at the correct temperature, as required by policy. Residents reported the food as bland and cold. Observations showed pasta salad and barbeque pork were served below the required temperatures, and potatoes were served without seasoning. The Dietary Manager confirmed that food temperatures were only checked at the start of meal service.
The facility failed to provide bedtime snacks to residents, despite having a policy and physician orders in place. Several residents reported not receiving snacks, and staff interviews revealed a lack of awareness and communication about the requirement to offer snacks to all residents. Snacks were often left at the nurse's station, leading to limited availability for residents.
The facility failed to ensure proper hand hygiene and glove use during resident care, did not implement Enhanced Barrier Precautions for a resident with a urinary catheter, and neglected to complete Tuberculin Skin Testing for three employees. Staff were observed not washing hands or changing gloves appropriately, and there was a lack of awareness regarding PPE use. Employee files showed missing documentation for TB testing, which was attributed to the departure of the responsible Staffing Coordinator.
The facility failed to administer pneumococcal vaccinations according to CDC guidelines for five residents. Despite consent from residents or their representatives, the PCV20 vaccine was not documented as administered, and no clinical decision-making or refusal was recorded. Interviews with the DON and ADON indicated awareness of the issue, but necessary follow-up actions were not completed.
A resident with shortness of breath and a pacemaker was not provided with portable oxygen or a wheelchair, despite requests and medical necessity. Staff were unaware of the resident's needs, and the care plan did not address these requirements. The resident attempted to walk to the dining room without assistance, leading to dizziness and shortness of breath. Observations confirmed the lack of necessary equipment, and the facility did not have a policy for accommodating resident needs.
The facility failed to prepare pureed food to the required smooth consistency for a resident on a pureed diet. Observations showed that pureed meals, including chicken, carrots, barbeque pork, pasta salad, and three-bean salad, contained visible chunks, contrary to the facility's policy. Interviews confirmed that pureed food should be smooth, like baby food or applesauce, but the served meals required chewing.
The facility failed to provide necessary care and services for two residents who were unable to perform their own ADLs, specifically neglecting nail care and grooming, including shaving. This deficiency was identified through observation, interview, and record review during the survey.
A facility failed to apply hand splints and palm protectors for a resident with hand contractures as directed by Occupational Therapy. This deficiency was identified through observation, interview, and record review, affecting the resident's care and potentially leading to further deformity.
Two residents with cognitive impairments engaged in sexual intercourse without their capacity to consent being determined. Despite prior observations of the residents' interactions, staff failed to report or address these appropriately. The primary care physician confirmed neither resident could consent, highlighting a significant oversight in the facility's duty to protect its residents.
Two residents in an LTC facility did not receive necessary assistance with ADLs, including regular showers and grooming. One resident, dependent due to quadriplegia, had long, dirty fingernails and was unshaven, while another resident reported infrequent bathing and dry skin. Staff interviews revealed issues with staffing and time constraints, leading to missed care opportunities.
A resident with quadriplegia and hand contractures did not receive necessary care as the facility failed to apply hand splints and palm protectors as directed by occupational therapy. Despite training, staff did not consistently apply these devices, leading to the resident experiencing pain and further contracture. Observations showed the resident's hands were in poor condition, and interviews revealed a lack of clarity among staff regarding the application of these devices.
Failure to Maintain DON in Full-Time Administrative Role at High Census
Penalty
Summary
The deficiency involves the facility’s failure to ensure that the Director of Nursing (DON) functioned in the full-time DON role and did not routinely work as a charge nurse when the average daily census exceeded 60 residents. The facility’s DON job description, dated May 2006, specified that the primary purpose of the position was to plan, organize, develop, and direct the overall operation of the nursing service department in accordance with applicable regulations and facility policies, and that the DON must be in the facility or engaged in work-related activities a minimum of eight hours per day, Monday through Friday. Review of the daily census recapitulation for March 2026 showed a census ranging from 83 to 91 residents, indicating an average daily occupancy well above 60 residents. Despite this census level, staffing sheets for March 2026 showed that the DON repeatedly worked the floor as the charge nurse on multiple evening, night, and day shifts throughout the month. During interview, the DON reported that since December 2025 she had been working evening and night shifts as a floor nurse due to shortages of licensed nursing staff and stated she was unaware that the DON could not routinely cover the floor with a census over 60 residents. She also stated it was difficult to work the floor and complete DON duties, and that she was unable to adequately review and audit charts, including falls and related interventions, and that on days she worked the floor she only managed a few hours of DON duties and found this exhausting. In a separate interview, the Administrator stated she was unaware that the DON could not routinely work the floor with a census over 60 and that she expected the facility to follow the regulatory requirement regarding the DON and floor coverage.
Persistent Urine and Fecal Odors and Stained Carpets Compromise Homelike Environment
Penalty
Summary
The facility failed to maintain a safe, clean, comfortable, and homelike environment free from persistent urine and fecal odors and with carpets in good repair. Surveyor observations over multiple days showed strong odors and visibly stained carpeting in multiple areas. On one day of observation, upon entry there was a very strong smell of air freshener throughout the lobby, with C hallway carpeted and showing several stained areas and a strong air freshener smell, two resident rooms with strong urine odors, and B hallway carpet with several stained areas and a faint urine smell masked by strong air freshener. On subsequent days, surveyors noted a strong urine odor throughout the lobby, a strong urine odor throughout the entire A hallway, and a strong urine and feces odor near the B hallway nurses’ station. One resident room had a strong urine and feces odor and several areas of stained carpet. On another day, surveyors again noted urine odors in the lobby and A hallway, and urine odors in B hallway masked by strong air freshener. During interview, the Housekeeping Supervisor reported there were two floor technicians who rotated cleaning carpets daily using a floor extractor and odor cleaning agent, and that carpets on each hall were cleaned every two to three days. The supervisor stated that odors in the facility were usually related to the floors, that one resident on A hall would not allow staff into the room and that room had very strong odors, and that certain residents frequently spilled urinals, making floor cleaning a constant battle. The supervisor also stated some aides routinely sprayed a “spring time” air freshener to help with odors. The Administrator stated there was no policy specific to odors, that she expected staff to find and eliminate the source of any odor, that carpets were cleaned daily on a rotating basis and as needed for spills, and that she expected the facility to be homelike, including being odor free. The facility’s housekeeping policy stated that no dust, no spots, no smudges, and no smells equaled clean, but persistent odors and stained carpets were still present throughout multiple areas of the building.
Failure to Investigate Falls, Update Care Plans, and Ensure Nurse Assessment Before Residents Were Moved
Penalty
Summary
The deficiency involves the facility’s failure to consistently investigate resident falls, determine root causes, and evaluate or revise fall-prevention interventions, as well as failure to follow its own event/accident policy requiring immediate nursing assessment before moving a resident after a fall. The facility’s Event Investigation policy required any staff member who discovered or witnessed an event to immediately report it to the nurse in charge, with the charge nurse responsible for completing a Report of Event form, documenting factual details, location, type of event, injuries, vital signs, neuro status, pain, first aid, and actions taken to prevent recurrence. The facility’s Fall Champion Program guidelines further required that every fall be reviewed in morning meetings, with IDT notes, updated fall risk assessments, and care plan revisions, and that after 72 hours the DON, ADON, and MDS Coordinator review the event and documentation. Post-fall guidelines required staff to stay close to the resident, provide emergency care, take vital signs, notify the physician, fall champion, administrator, and family, and for the charge nurse to initiate and document preventative fall interventions in the care plan. For one resident with repeated falls, dementia, stroke, difficulty walking, and muscle weakness, the facility documented multiple falls but did not consistently complete event reports, analyze contributing factors, or update the care plan after each fall. The resident’s care plan initially included a history of falls and interventions such as keeping the bed in the lowest position with brakes on, and after a fall on 2/23/26, fall mats and a bolster mattress were ordered and a directive to analyze falls for patterns and trends was added. However, after subsequent unwitnessed and witnessed falls on 03/06/26, 03/07/26, 03/11/26, 03/16/26, 03/18/26, 03/20/26, and 03/25/26, documentation repeatedly lacked completed event reports, contributing factor analysis, or evidence that the care plan was reviewed or revised. Some event reports listed no contributing factors or immediate measures, and several falls were only documented in progress notes without corresponding event reports or care plan updates, despite the resident experiencing pain, skin tears, and multiple unwitnessed falls. Interviews with nursing staff and the MDS Coordinator confirmed that the only consistent interventions were a fall mat, low bed, and bolsters, that the MDS Coordinator had been off work and was unaware of the multiple March falls, and that care plans with new fall interventions had not been reviewed or revised for some time. For another resident with moderate cognitive impairment, dependence in ADLs, Alzheimer’s disease, non-Alzheimer’s dementia, spinal stenosis, and identified as at risk for falls on the MDS, the facility failed to complete a fall risk assessment, event reports, or a fall-related care plan with interventions after two documented falls. A nurse’s note described an unwitnessed fall from bed at 5:30 A.M. with mild left shoulder pain and administration of pain medication, but there was no event report or documented fall-prevention interventions. The nurse later stated that upon returning from break, he was informed by staff that the resident had fallen and that CNAs had already put the resident back in bed. The CNA reported that, unable to find the RN and with the resident asking to get off the floor, he assessed the resident by moving arms and legs, noted no complaints of pain, and, together with another CNA, assisted the resident off the floor before a nurse assessment, contrary to facility policy. A second fall was documented in a nurse’s note as an unwitnessed fall near a window with no injury identified, but again there was no event report, no documented interventions to prevent further falls, and no fall care plan, even though the comprehensive MDS identified the resident as at risk for falls. Interviews with the Administrator, DON, and MDS Coordinator confirmed that CNAs should not get residents up before a nurse assessment, that any nurse could update care plans after falls, that staff were expected to follow the event/accident policy and update care plans with each fall, and that routine IDT meetings to review falls were not being conducted.
Failure to Timely Report and Investigate Allegation of Physical Abuse
Penalty
Summary
The deficiency involves the facility’s failure to immediately report an allegation of physical abuse to the state survey agency within the required two-hour timeframe and to conduct an appropriate investigation. Facility policy stated that all allegations of abuse, neglect, exploitation, mistreatment, injuries of unknown origin, and misappropriation of resident property must be reported immediately, and no later than two hours, when abuse or serious bodily injury is alleged. Despite this, the Administrator acknowledged that an allegation that a staff member squeezed a resident’s face and told the resident to shut up was not reported to the state agency, and no investigation was completed because the resident later denied the allegation when interviewed in the presence of the accused staff member. The resident involved had a quarterly MDS dated 1/6/26 showing that the resident was cognitively intact (BIMS score of 13), able to make self-understood and understand others, and dependent on staff for ADLs, with diagnoses including hemiparesis, respiratory failure, and traumatic spinal cord dysfunction. The resident’s care plans documented behavioral issues, including becoming easily angered, yelling at staff and family, and pushing against staff while demanding unsafe repositioning methods. Interventions included redirection, involvement of family, and reminders about safe repositioning techniques. These documented behaviors formed part of the context in which the alleged abuse occurred but did not negate the requirement to treat the report as an abuse allegation. Multiple staff interviews established that on or about Friday, January 9th, the resident told a CNA and the Activity Director that a staff member the resident called “Firehead” had squeezed the resident’s cheeks and told the resident to shut up while the resident was yelling and felt like falling out of bed. The CNA and Activity Director reported this as potential abuse to the DON and Administrator. The DON and ADON then interviewed the resident, who reported that a CNA had come into the room, told the resident to be quiet, and squeezed the resident’s cheeks, and the Administrator walked the suspected CNA past the resident’s door, where the resident identified the CNA as the person involved. The Administrator then brought the CNA into the room and questioned both together; at that time, the resident denied the allegation. The Administrator later confirmed that the allegation had been reported to her on January 9th, but she did not report it to the state agency or complete an investigation because the resident denied the allegation during that joint interview.
Failure to Investigate Allegation of Verbal and Physical Abuse
Penalty
Summary
The facility failed to conduct a timely and thorough investigation of an allegation of verbal and physical abuse involving one resident. Facility policy required that all reports of abuse, including verbal and physical abuse, be promptly and thoroughly investigated, with the investigation begun immediately and including interviews with the involved resident, alleged perpetrator, other residents, and staff, as well as steps to protect residents. Resident #1, who was cognitively intact per a recent MDS with a BIMS score of 13 and dependent on staff for ADLs with diagnoses including hemiparesis, respiratory failure, and traumatic spinal cord dysfunction, reported that a CNA the resident referred to as “Firehead” had been rude. The Administrator stated that CNA B reported to the DON and ADON that Resident #1 said this staff member, later identified as CNA A, squeezed the resident’s face and told the resident to shut up. Resident #1 later described that the staff member entered the room, yelled at the resident to shut up, and squeezed the resident’s cheeks very hard, causing pain and fear. The Administrator initially considered the report could be abuse but interviewed the resident with CNA A present, and when the resident denied the allegation in that setting, the Administrator did not report the allegation to the state agency and did not initiate or complete an investigation. Review of facility documentation showed no interviews or statements from the alleged perpetrator, other staff, residents, or witnesses, and no evidence of a thorough investigation. The Administrator later clarified that the incident had been reported to her on January 9 but still had not been investigated at the time of the surveyor’s review.
Failure to Serve Palatable Meals at Safe Temperatures
Penalty
Summary
The facility failed to provide residents with meals that were palatable, served at appetizing temperatures and textures, and that conserved nutritive value and flavor, as required by facility policy. Observations and interviews revealed that hot foods were often served below the required temperature, with a sample tray showing a hot dog at 118°F, below the minimum standard of 120°F, and salads and desserts served at improper temperatures. The dietary temperature logs were incomplete, with missing entries for vegetables and desserts, and staff admitted to not recording temperatures due to being busy. Additionally, the preparation of menu items did not always follow standardized recipes, such as the banana pudding being served without bananas or vanilla wafers due to lack of ingredients and no substitutions being made. Multiple residents reported dissatisfaction with the food, describing it as cold, undercooked, bland, and sometimes unidentifiable. Several residents stated that their meals were cold by the time they were delivered, and that food was often served without proper covering, resulting in dried-out meals. Observations confirmed that salads were limp and at room temperature, and desserts were not properly chilled. Residents also noted that condiments and margarine were not consistently provided with meals. Interviews with dietary staff and the Dietary Manager revealed inconsistencies in following recipes and food preparation procedures. The Dietary Manager acknowledged receiving complaints about cold food and described efforts to keep food hot, such as using plate warmers and domes, but was unable to explain delays in meal delivery. The staff also deviated from recipes, such as using more salad dressing than required, and failed to document food temperatures as expected. The Administrator stated that there were no instructions for the amount of salad dressing to use and was unaware of the extent of food temperature and palatability issues.
Failure to Provide Bathing Assistance to Dependent Residents During COVID Isolation
Penalty
Summary
The facility failed to provide adequate bathing assistance to four residents who were dependent on staff for activities of daily living (ADLs) during their temporary relocation to the COVID isolation unit. These residents, some of whom were receiving hospice services and had varying levels of cognitive impairment and incontinence, did not receive scheduled showers or alternative bathing assistance for extended periods, ranging from six to thirteen days. Documentation such as shower sheets and care plans lacked specific instructions on bathing frequency, and there was no record of showers or bed baths being provided during the isolation period for these residents. Interviews with residents revealed that they were not offered showers or assistance with bathing while on the COVID isolation unit, despite requesting help from staff. Some residents reported feeling dirty, not having changed clothes, or not having brushed their teeth for several days. Observations confirmed physical signs of poor hygiene, such as greasy hair and unshaven facial hair. Staff interviews indicated confusion regarding responsibilities for providing showers, especially for residents on hospice, and inconsistent documentation of care provided. Facility leadership, including the DON, ADON, and Administrator, acknowledged that residents were supposed to receive showers at least twice a week, including those on the COVID isolation unit and those receiving hospice care. However, there was a lack of clear documentation and follow-through, particularly when the designated shower aide was absent or when the shower facility was temporarily out of service. Staff reported that bed baths were to be provided when the shower was unavailable, but these were not documented. The deficiency was identified through observation, interview, and record review, highlighting a failure to ensure basic hygiene care for dependent residents during a critical period.
Failure to Protect Resident from Abuse and Neglect During Fall Incident
Penalty
Summary
A deficiency occurred when a certified nurse aide (CNA) failed to protect a resident with Huntington's disease from abuse and neglect. The resident, who had a history of falls, impaired mobility, and behavioral symptoms related to Huntington's disease, requested assistance to retrieve paper from the floor. The CNA, while sweeping the resident's room, refused to assist and instead grabbed the resident's left hand/arm, pushing the resident back, which caused the resident to fall onto the footboard of the bed and then slide off onto the floor. The CNA did not attempt to prevent the fall or assist the resident after the incident, nor did the CNA call for a nurse to assess the resident. The resident sustained a large bruise to the right buttock area and reported pain, but the facility did not assess the resident after the fall until ten days later, when the surveyor brought the resident's complaint of pain to the facility's attention. Video footage confirmed the CNA's actions and lack of intervention, and interviews with the resident and family corroborated the events. The resident expressed frustration with the CNA's behavior and stated that the CNA was not nice and did not want the CNA in the room again. Facility policies reviewed indicated a clear expectation that residents be free from abuse, neglect, and exploitation, and that staff are to provide necessary assistance and report any allegations or suspicions of abuse immediately. Despite these policies, the CNA's actions and the facility's failure to promptly assess the resident after the fall constituted neglect and a violation of the resident's right to be free from abuse and neglect.
Failure to Maintain Clean and Sanitary Resident Environment
Penalty
Summary
The facility failed to provide housekeeping services to maintain a clean, sanitary, and orderly environment for one resident diagnosed with Huntington's disease, who required assistance with activities of daily living and had a history of falls. Video footage and direct observation revealed the resident's room was cluttered with numerous disposable plates, cups, utensils, and food debris on the floor, a full trash can, and dark stains on the bed linens. The over-bed table was covered with dried food and spilled drinks, attracting gnats, and the bathroom was unsanitary with a dirty toilet, empty paper towel dispenser, and no trash can. Dirty and clean clothing were scattered on the floor, and the bed frame was broken. Interviews indicated that housekeeping staff had not entered the resident's room for over a week due to a prior incident involving aggression, as directed by a former administrator. The current administrator was unaware of this directive and the lack of cleaning, as well as a request for a larger trash can to accommodate the resident's needs. The resident's family member reported that the resident often refused cleaning due to staff not communicating or discarding items without asking, and that staff did not understand the resident's condition. The facility did not provide a policy for housekeeping services or maintaining a clean and comfortable environment.
Failure to Timely Report Alleged Staff-to-Resident Abuse
Penalty
Summary
The facility failed to report an allegation of abuse in a timely manner after a resident with Parkinson's disease reported that a staff member threatened to hit them with a closed fist following an incident where the resident, unable to use their hands due to their condition, threw a urinal at the aide who refused to assist. The resident expressed fear of retaliation. The facility's policy requires all staff to report any allegations of abuse, neglect, or mistreatment to the Administrator or designee, and mandates reporting to the State Survey agency within specified timeframes depending on the severity of the event. Multiple staff members, including a therapy aide and the Social Services Director (SSD), became aware of the incident through direct reports from the resident and discussions among staff. The SSD reported the incident to the Director of Nursing (DON) and the Assistant Director of Nursing (ADON), but the ADON did not relay the information to the Administrator until much later. The DON was not aware of the incident until interviewed by surveyors. The delay in reporting the allegation to the appropriate authorities constituted a failure to follow the facility's abuse reporting policy.
Failure to Develop Disease-Specific Care Plan for Resident with Huntington's Disease
Penalty
Summary
The facility failed to develop a comprehensive, person-centered care plan for a resident diagnosed with Huntington's disease, traumatic subdural hemorrhage, and anxiety. The care plans in place addressed some behavioral symptoms, activities of daily living (ADLs), and communication challenges, but none were specific to the unique symptoms and care needs associated with Huntington's disease. The care plans lacked detailed interventions to address the resident's neurodegenerative condition, including the progressive cognitive decline, mood disturbances, and involuntary movements characteristic of Huntington's disease. Observations, interviews, and record reviews revealed that staff were not adequately informed or trained about Huntington's disease and its impact on the resident. Multiple staff members, including a Certified Medication Technician and housekeeping staff, expressed fear of the resident and admitted to not knowing what Huntington's disease was or how to approach or communicate with the resident. The resident reported that staff did not listen or understand that certain behaviors, such as spilling things, were due to the disease and not intentional actions. Family members and staff interviews further indicated that the lack of disease-specific care planning led to misunderstandings and inadequate care. Family observed that staff did not communicate effectively with the resident, often entering the room without explanation or knocking, and misinterpreted the resident's behaviors as intentional aggression rather than symptoms of the disease. The Registered Nurse responsible for care planning acknowledged the absence of a care plan specific to Huntington's disease, and the Administrator confirmed the expectation that such plans should be in place to guide staff and ensure appropriate care.
Verbal Abuse of Resident by Certified Medication Technician
Penalty
Summary
A deficiency occurred when a certified medication technician (CMT) verbally abused a resident by yelling, cussing, and using vulgar language, including telling the resident to "shut the F up" and calling the resident derogatory names. The incident took place when the resident, who had a history of dementia with behavioral disturbances, generalized anxiety disorder, Alzheimer's disease, and cerebral infarction, refused care. The resident was described as having moderately impaired cognitive skills, frequent care refusals, and requiring significant assistance with activities of daily living. Multiple sources, including the resident, another resident, a visitor, and a licensed practical nurse (LPN), confirmed that the CMT yelled and used inappropriate language toward the resident. The resident reported feeling shocked and scared by the CMT's behavior. Witnesses described the CMT as becoming frustrated and using the F word while providing care, and a visitor observed the CMT screaming and cussing at the resident in the hallway. The CMT admitted during an interview to verbally abusing the resident after being yelled at and having care refused. The CMT acknowledged that this was the first time encountering such behavior from a resident and admitted to responding inappropriately. The facility's abuse policy explicitly prohibits any form of abuse, including verbal or mental, and requires that residents be protected from such treatment.
Failure to Prevent Elopement and Provide Adequate Supervision
Penalty
Summary
A resident with a history of schizophrenia, bipolar disorder, Alzheimer's disease, and vascular dementia, who was assessed as being at risk for wandering and elopement, exited the facility through an alarmed fire exit door without staff knowledge. The resident was ambulatory with a wheelchair, had a severely impaired cognition, and had recently exhibited aggressive behavior, resulting in an order for 15-minute checks. However, staff failed to complete and document the required 15-minute checks during the relevant time period. The door alarm intended to alert staff to unauthorized exits was not loud enough to be heard until staff were already partway down the hall, as confirmed by multiple staff and resident interviews. Neither the resident's roommate nor another resident on the same hall heard the alarm, and staff only became aware of the resident's absence when a call light was noticed and the resident was found missing from their room. The resident's wheelchair was found by the exit door, and the alarm was only heard after staff began searching for the resident. The resident was later found outside the facility by a local citizen, having sustained multiple serious injuries including facial fractures and a subdural hemorrhage. The timeline and interviews indicate that the lack of timely supervision, failure to perform required checks, and insufficient alarm volume contributed to the resident's unsupervised exit and subsequent injury.
Removal Plan
- Conduct an investigation and notify appropriate parties including the police.
- Provide in-service education for all facility staff including elopement policies, check policies and door monitoring policies.
- Complete elopement risk assessments for all residents.
- Update the elopement risk and code white procedure books with current risk assessments and code white procedures.
- Adjust alarmed, fire, exit door alarms to increase the volume of the alarm for staff to recognize the alarm promptly.
- Perform alarmed door audits and check audits and continue ongoing audits.
Misappropriation of Resident Funds by CNA
Penalty
Summary
A certified nurse aide (CNA) took a resident's government-issued debit card without the resident's knowledge or permission and used it to make unauthorized withdrawals and purchases. The resident, who was newly admitted, able to make themselves understood, had some difficulty making decisions, and was independent with activities of daily living, noticed discrepancies in their account balance. The resident reported the missing funds to the business office manager (BOM), who, with the resident's permission, set up an online account to review the transactions. The review revealed multiple unauthorized ATM withdrawals and payments for food delivery, utilities, and a cell phone provider, totaling $1,369.69 over several days. The resident denied giving anyone permission to use the debit card for these transactions, except for a previous instance where the CNA was allowed to purchase cigarettes and returned the card. Law enforcement was notified, and the resident identified the CNA as the individual using the card in ATM footage provided by the police. The CNA claimed to have received permission to use the card for some purchases, but the resident denied this. The incident was reported to the facility administrator, who confirmed the resident's ability to handle their own finances and that the resident had not authorized the transactions in question. The facility's policy required that residents be free from abuse, including misappropriation of property, and outlined procedures for investigating such incidents. The investigation included interviews with the resident, staff, and review of transaction records. The facility also confirmed that the CNA was suspended pending investigation, and the incident was reported to the appropriate authorities as required by policy.
Deficiencies in Kitchen Sanitation and Food Safety Protocols
Penalty
Summary
The facility failed to maintain a clean and sanitary kitchen environment, leading to multiple deficiencies in food storage, preparation, and service. Observations revealed that open food items were not properly sealed, labeled, or dated, and various kitchen surfaces, including the stove, microwave, and cooler/freezer, were not clean. The kitchen floor, walls, and equipment such as the plate warmer and steam table were heavily soiled with food debris and grease. Additionally, the facility did not ensure that the temperature in one freezer was maintained at 0 degrees Fahrenheit or below, with temperatures observed as high as 28 degrees Fahrenheit, causing ice to melt and pool inside the freezer. Staff failed to adhere to proper handwashing and glove use protocols during meal preparation and service. Dietary staff were observed handling food with gloved hands, then touching various surfaces and utensils without changing gloves or washing hands. This included handling ready-to-eat food, opening refrigerator doors, and touching meal cards and utensils, all while wearing the same pair of gloves. The facility's policies on handwashing and glove use were not followed, as staff did not wash hands between tasks or after disposing of trash and handling dirty dishes. The facility's three-compartment sink was not properly set up for dishwashing, as the sanitizer solution was unavailable, and the sink compartments did not hold water. Staff washed dishes in dirty water without rinsing or sanitizing them, and the floor drain overflowed with dirty water and food debris. The Dietary Manager was aware of these issues but had not effectively addressed them, and the Administrator was not informed about the sink drainage problem. The facility's failure to maintain a clean kitchen and adhere to food safety protocols resulted in significant deficiencies in food service operations.
Unsecured Hazardous Materials Found in Facility
Penalty
Summary
The facility failed to ensure that hazardous materials were secured and inaccessible to residents, as observed during a life safety code tour. Several hazardous items were found in unlocked cabinets throughout the facility, including six containers of chafing fuel, a bottle of nail polish remover labeled as extremely flammable, a commercial surface disinfectant, and two unlabeled spray bottles containing cleaning products. These items were located in areas accessible to residents, such as dining rooms and sitting areas, posing potential safety risks. Interviews with facility staff revealed a lack of awareness and oversight regarding the secure storage of these hazardous materials. The Maintenance Supervisor was unaware of the unsecured items and expected them to be properly secured and labeled. The Activities Director, who had only recently started working at the facility, was also unaware of the need to secure these items from resident access. This lack of awareness and failure to secure hazardous materials contributed to the deficiency identified during the survey.
Inadequate Respiratory Care and Equipment Management
Penalty
Summary
The facility failed to provide adequate respiratory care for several residents, as evidenced by multiple observations and interviews. Resident #135 did not receive oxygen therapy per physician's orders and lacked proper documentation for the use of a CPAP machine upon admission. The resident expressed frustration over the lack of assistance in setting up the CPAP machine, which was necessary for managing obstructive sleep apnea. Observations showed the resident using oxygen without a physician's order and the oxygen tubing was not labeled as required. Resident #136 also experienced inadequate respiratory care, as the BiPAP machine was not applied at night as ordered by the physician. The resident reported feeling more tired due to not using the BiPAP, which had been a part of their routine for years. Observations confirmed that the BiPAP machine was not in use, and interviews with staff revealed a lack of awareness and responsibility for ensuring the machine was applied correctly. Additionally, the facility failed to properly store and label respiratory equipment for other residents. Residents #3, #22, #43, and #42 had issues with unlabeled oxygen tubing and humidification bottles, as well as improperly stored nebulizer masks. Observations showed nebulizer equipment left uncovered and on the floor, contrary to the facility's policy. Interviews with the Director of Nursing and the Administrator highlighted expectations for staff to label and store equipment correctly, but these practices were not consistently followed.
Failure to Serve Palatable and Properly Tempered Food
Penalty
Summary
The facility failed to ensure that food served to residents was palatable and at an appetizing temperature, as observed during a survey. The facility's policy required hot foods to be at least 120 degrees Fahrenheit when served, and cold items to be placed over an ice bath. However, multiple residents reported dissatisfaction with the food, describing it as bland and cold. Observations revealed that the pasta salad was not prepared according to the recipe, as it was served at 85 degrees Fahrenheit without being placed over an ice bath. Additionally, the barbeque pork was served at 100 degrees Fahrenheit, below the required temperature, due to the steam table heating unit being turned off. Further observations showed that potatoes were served instead of the planned cornbread stuffing, without any seasoning, resulting in a bland taste. The potatoes were served at 110 degrees Fahrenheit, below the required temperature. Interviews with residents confirmed the lack of flavor in the potatoes. The Dietary Manager admitted that staff only took food temperatures at the beginning of the meal service, indicating a lack of ongoing monitoring to ensure food was served at the correct temperature throughout the meal service.
Failure to Provide Bedtime Snacks to Residents
Penalty
Summary
The facility failed to ensure that staff offered nourishing evening snacks to residents who wished to have them, affecting nine residents out of a sample of 18, and potentially impacting the entire facility census of 82. The facility's policy required that bedtime snacks be offered to all residents, but interviews and record reviews revealed that this was not being consistently implemented. Several residents, including those with intact cognition and those with moderate cognitive impairment, expressed that they were not provided with bedtime snacks despite having physician orders for them. Some residents reported that snacks were only available at the nurse's station and were limited in quantity, leading to situations where not all residents could receive a snack. Interviews with staff, including a CNA, the Dietary Manager, the Director of Nursing, and the Administrator, highlighted a lack of awareness and communication regarding the policy to offer snacks to all residents. The CNA was unaware of the requirement to provide bedtime snacks, and the Dietary Manager described a process where snacks were prepared and taken to the nurse's station, but not directly offered to residents. The Director of Nursing and the Administrator both acknowledged that snacks should be offered to all residents, but were not aware that this was not happening. This deficiency indicates a breakdown in the implementation of the facility's policy on providing snacks, resulting in residents not receiving the nourishment they desired and were entitled to.
Infection Control and TB Testing Deficiencies
Penalty
Summary
The facility failed to ensure proper hand hygiene and glove use among nursing staff during the provision of care for several residents. Observations revealed that staff members did not wash their hands or change gloves appropriately when moving from dirty to clean tasks. For instance, a CNA was observed providing incontinence care to a resident without washing hands or changing gloves before touching clean items and assisting the resident with a drink. Similar lapses were noted with other residents, where staff did not change gloves or wash hands between tasks, leading to potential cross-contamination. Additionally, the facility did not implement Enhanced Barrier Precautions (EBP) for a resident with a urinary catheter. The resident's care plan did not identify the need for EBP, and staff were observed not wearing gowns when providing care, despite the presence of PPE on the resident's room door. Interviews with staff indicated a lack of awareness regarding the purpose of the PPE and the requirements for EBP, leading to non-compliance with infection control guidelines. The facility also failed to complete Tuberculin Skin Testing (TST) for three employees as part of their pre-employment procedures. Employee files showed missing documentation for the second-step TST, and in one case, no documentation of the first-step TST. The Director of Nursing acknowledged the oversight, attributing it to the departure of the Staffing Coordinator responsible for employee TB testing. This lapse in protocol could potentially compromise the health and safety of both staff and residents.
Failure to Administer Pneumococcal Vaccinations per CDC Guidelines
Penalty
Summary
The facility failed to provide pneumococcal vaccinations according to CDC guidelines for five residents out of a sample of 18. The facility's policy required physician consultation and orders for vaccinations, as well as informed consent from residents or their responsible parties. However, the facility did not document the administration of the PCV20 vaccine for several residents who had consented to receive it, nor did they document any clinical decision-making or refusal by the residents or their representatives. Resident #23 had received previous pneumococcal vaccinations but had not been administered the PCV20 vaccine despite consenting to it. The resident's POA confirmed that the updated pneumonia vaccine was not offered. Similarly, Resident #78 had received the PPSV23 vaccine but was not offered the PCV15 or PCV20 vaccine, and the resident's POA expressed a desire for the updated vaccine. Resident #3, who had intact cognition, believed their vaccines were up to date, but there was no evidence of receiving any pneumococcal vaccines after admission. Residents #19 and #45 had both consented to receive the pneumococcal vaccination, but their medical records showed no documentation of the vaccine being administered. Interviews with the DON and ADON revealed that the facility was aware of the issue and that the ADON was responsible for ensuring vaccinations were up to date. However, the necessary follow-up actions to administer the vaccines were not completed, leading to the deficiency.
Failure to Accommodate Resident's Needs for Oxygen and Mobility
Penalty
Summary
The facility failed to reasonably accommodate the needs of a resident, identified as Resident #135, who required portable oxygen and a wheelchair for mobility due to shortness of breath and a history of falls. Despite the resident's requests and medical conditions, staff did not provide the necessary equipment, leading to the resident feeling confined to their room. The resident attempted to walk to the dining room without assistance or oxygen, resulting in dizziness and shortness of breath. The resident's care plan and assessments did not adequately address their need for a wheelchair, portable oxygen, or the use of a cardiac monitor for their pacemaker. Staff, including a Certified Medication Technician, a Certified Nursing Assistant, and an agency Licensed Practical Nurse, were unaware of the resident's needs for these accommodations. The Director of Therapy Services was informed about the need for a wheelchair but did not evaluate the resident, and the Director of Nursing was unfamiliar with the resident's needs due to being off during the admission. Observations confirmed the absence of a portable oxygen tank and wheelchair in the resident's room, and the resident was seen without supplemental oxygen or mobility aids in the dining room. The facility lacked a policy for accommodating resident needs, contributing to the oversight in providing necessary equipment and support for Resident #135.
Failure to Prepare Pureed Food to Required Consistency
Penalty
Summary
The facility failed to prepare pureed food items according to the required smooth consistency for a resident on a pureed diet. Observations revealed that the pureed chicken and carrots served to the resident contained visible chunks, indicating that the food was not processed to the appropriate consistency. Additionally, the pureed barbeque pork was stringy with visible pieces of pulled pork, and the pureed pasta salad and three-bean salad contained chunks of pasta and beans, respectively. These observations were inconsistent with the facility's policy and recipes, which specified that pureed foods should be processed until smooth. Interviews with the Dietary Manager and the Speech Therapist confirmed that pureed food should be the consistency of baby food or applesauce, without any chunks or the need for chewing. However, the pureed roast turkey served during a test tray observation was thick and required chewing, resembling ground turkey rather than a smooth puree. The facility's failure to adhere to the pureed food preparation guidelines resulted in the resident receiving meals that did not meet their dietary needs.
Failure to Provide Necessary ADL Assistance
Penalty
Summary
The facility failed to ensure that staff provided necessary care and services to maintain good personal hygiene for two residents who were unable to complete their own activities of daily living (ADL). Specifically, staff did not assist with nail care and grooming, including shaving, for these residents. This deficiency was identified through observation, interview, and record review during the survey, which included a sample of nine residents out of a facility census of 82.
Failure to Apply Hand Splints and Palm Protectors
Penalty
Summary
The facility failed to provide appropriate care for a resident with hand contractures by not applying hand splints and palm protectors as directed by Occupational Therapy. This deficiency was identified through observation, interview, and record review. The resident, who was part of a sample of nine residents, required these devices to support and protect injured tissues and to prevent further deformity. The facility's census at the time was 82.
Failure to Prevent Sexual Abuse Between Residents
Penalty
Summary
The facility failed to prevent sexual abuse between two residents whose capacity to consent to sexual activity had not been determined. Resident #1, who was severely cognitively impaired with diagnoses including Alzheimer's disease, dementia, herpes viral infection, and HIV, was found engaging in sexual intercourse with Resident #2, who had vascular dementia and depression. The incident occurred despite Resident #2 expressing fear and unwillingness to be around Resident #1 after the event. The facility's abuse prohibition protocol and policy on resident sexual expression were not effectively implemented, as there was no documentation of interventions regarding the residents' capacity to consent to a sexual relationship. Prior to the incident, staff observed interactions between the two residents, such as holding hands and being in each other's rooms, but these observations were not adequately reported or addressed. Certified Nurse Aide C and the Maintenance Director both witnessed the residents together in situations that should have prompted further investigation and intervention. However, these observations were not communicated to the Director of Nursing or the Administrator, and no measures were taken to assess the residents' capacity to consent or to prevent inappropriate contact. The facility's failure to monitor and report the interactions between the residents led to the incident of sexual abuse. The primary care physician confirmed that neither resident had the cognitive ability to consent to sexual activity, highlighting a significant oversight in the facility's responsibility to protect its residents. The lack of communication and appropriate action by the staff contributed to the deficiency, as the facility did not ensure a safe environment for the residents involved.
Failure to Provide Adequate ADL Assistance and Hygiene Care
Penalty
Summary
The facility failed to provide adequate care and assistance with activities of daily living (ADLs) for two residents who were unable to complete these tasks independently. Resident #1, who was cognitively intact but dependent on staff for all ADLs due to quadriplegia and severely impaired vision, did not receive regular grooming and hygiene care. The resident's shower records indicated infrequent showers, with significant gaps between them, and observations showed long, dirty fingernails with debris, dry skin, and a foul odor. The resident expressed dissatisfaction with the lack of care, stating that the long nails caused pain and the lack of shaving led to discomfort. Resident #5, also cognitively intact and dependent on staff for personal hygiene, experienced similar neglect. The resident's care plan indicated a preference for weekly showers, but records showed only one shower in June 2024. Observations noted a strong body odor and flaky, dry skin. The resident reported going without a bath for up to two weeks and expressed a desire for more frequent bathing, stating that staff did not return to assist after initial refusals due to feeling unwell. Interviews with facility staff, including CNAs and the Director of Nursing, revealed systemic issues contributing to the deficiencies. Staff acknowledged difficulties in trimming nails and shaving due to time constraints and the absence of a full-time shower aide on the residents' hall. The Director of Nursing and the Administrator both stated expectations for regular showers and grooming, but acknowledged that staffing changes and inadequate follow-up on refusals may have led to missed care opportunities.
Failure to Apply Hand Splints and Palm Protectors
Penalty
Summary
The facility failed to provide appropriate care for a resident with hand contractures by not applying hand splints and palm protectors as directed by occupational therapy. The resident, who had diagnoses including quadriplegia and contractures of both hands, was dependent on staff for all activities of daily living. Despite therapy instructions and training provided to staff, there was no documentation in the medical record indicating that the splints were applied, nor was there any record of the resident refusing them. Observations over two days showed that the resident did not have palm protectors or splints in place, and their hands were in poor condition, with long, uneven fingernails and patches of dry skin. Interviews with the resident and their family member revealed that the resident experienced pain due to the lack of splints and palm protectors, and the family member confirmed that the resident never had these devices in place during visits. Staff interviews indicated a lack of clarity and consistency in applying the splints and palm protectors, with some staff unsure of the procedures or the location of the devices. The Rehab Director and Director of Nursing acknowledged the issue, noting that staff were not following through with the application of splints and palm protectors as instructed. The Rehab Director suggested that the CNAs were too rushed and did not take the time to properly stretch the resident's hands, leading to pain. The Director of Nursing admitted that new staff might not have been adequately educated on the use of special devices, resulting in the oversight. The Administrator expected that the restorative aide would ensure the application of these devices, but this was not happening consistently.
Latest citations in Missouri
The facility failed to honor residents’ rights to choose their attending physician when company leadership terminated an existing physician’s services and restricted residents to two company-selected physicians. Cognitively intact residents with multiple medical conditions, including hemiplegia, heart failure, anxiety, depression, and bipolar disorder, previously under the care of the terminated physician, were presented letters by social services instructing them to select one of the two new physicians, without the option to retain their current provider. Some residents refused to sign or later reported feeling anxious, upset, and forced into changing physicians, while one resident’s guardian stated they were told they had to choose a different physician after being informed the original physician would no longer be allowed to see residents. The Administrator, DON, and social services staff confirmed that the directive to remove the original physician and limit choices came from company management, despite facility policies stating residents have the right to choose their physician.
Surveyors found that nurse aides were being charged for CNA training and competency evaluation through a written assistance agreement requiring repayment of $720 in non‑refundable tuition via payroll deductions, and through direct payment for certification programs. Personnel file review and staff interviews showed that aides were hired into NA roles and then offered or required to participate in CNA programs funded upfront by the facility but repaid by the aides over time, or paid directly by the aides themselves, while the Administrator confirmed this reimbursement practice and the absence of an in‑house clinical training program.
A resident with epilepsy and quadriplegia, who was cognitively intact but had poor short-term memory, missed multiple doses of three prescribed anti-seizure medications (lamotrigine, levetiracetam, and lacosamide) over two days due to staff failures in medication ordering, administration, and communication. Lacosamide, a controlled drug requiring manual reorder 72 hours before the last dose, was allowed to run out and was not available for scheduled doses, and staff did not clearly document or notify the physician about its unavailability. On a day when the resident left on a leave of absence, morning and evening doses of all three anti-seizure medications were not given, medications were not sent with the family, and staff did not verify the resident’s return for the evening med pass. The following day, additional lacosamide doses were missed, there was no timely physician notification of missed doses, and the resident subsequently experienced prolonged seizure activity requiring EMS transport and hospitalization, where neurology attributed the breakthrough seizure to medication noncompliance related to missed antiepileptic doses.
Facility staff did not ensure that multiple nurse aides who had been employed for more than four months completed required CNA training and certification within the mandated timeframe, and personnel files lacked documentation of program completion. Several NAs reported working independently on the floor and performing resident care while either still in CNA classes, having recently finished classes but not yet tested, or awaiting authorization to test. The facility’s policies did not address required timeframes for CNA training completion, Human Resources acknowledged terminating and then rehiring some uncertified NAs, the administrator was aware that some NAs were beyond the four‑month limit without certification, and the DON stated they were unaware that NAs had exceeded the four‑month period and were not involved with HR decisions.
A resident with cognitive impairment and a history of sexually inappropriate behaviors, including exposing genitals and seeking sexual attention, had been placed on 1:1 supervision, but staff were not consistently informed or clearly assigned to provide continuous observation. On a locked unit, this resident left the room, went to the dining area for coffee, and stood near another cognitively impaired resident while a CMT, focused on med pass, called a CNA instead of intervening directly. Before the CNA could reach them, the sexually disinhibited resident grabbed the other resident’s breast. Multiple CNAs and the CMT reported they did not know the resident was on 1:1 or were not relieved of other duties, resulting in a lack of continuous supervision and failure to intervene in time to prevent the resident-to-resident sexual contact.
A resident with a history of stroke-related pain had an order entered by nursing for Tramadol 50 mg PO BID for moderate pain, but the medication was not administered for four consecutive days because the physician did not sign the controlled-substance order until several days after it was written. During this time, the resident reported ongoing, typical post-stroke pain and requested to resume Tramadol, which had previously been effective. The DON and NP confirmed that controlled medications require a physician’s signature before pharmacy dispensing, and the facility’s own medication administration policy called for safe, timely administration and appropriate handling of missed or delayed medications, which did not occur in this case.
A resident with heart failure and edema, but no cancer diagnosis, was intended to have a Torsemide dose reduced due to dry mouth; however, an RN entered the order incorrectly in the EMR, selecting Torpenz (Everolimus), a breast cancer medication, instead of Torsemide when both appeared together in the system’s search results. The erroneous Torpenz order, listed for edema, was not read back or verified before being saved and was transmitted to the pharmacy, which also failed to question the lack of a cancer diagnosis. As a result, the resident received 28 doses of Torpenz over several weeks, while nursing notes documented ongoing complaints of dry mouth, concerns about medication safety, and difficulty swallowing.
Multiple cognitively intact residents with psychiatric and brain disorder diagnoses were involved in separate resident‑to‑resident altercations in common areas that escalated to physical abuse, including choking, repeated blows to the head, and multiple punches to the face, resulting in bruising and scratches. In each case, disputes over a TV remote, food, coffee, or a thrown drink led one resident to physically assault another, while staff were present or nearby and either became aware only after yelling and fighting had begun or intervened only verbally despite hearing explicit threats and knowing a resident’s history of quick escalation. These events demonstrate that the facility did not effectively identify, monitor, and intervene in situations where abuse was likely to occur, as required by its own abuse and neglect policy.
The facility failed to ensure blood glucose monitoring and insulin administration were documented and carried out per physician orders and facility policy for three diabetic residents. Orders required blood sugar checks before meals and at bedtime and various insulin regimens, including long‑acting and rapid‑acting insulins, yet MAR/TAR reviews showed multiple missed opportunities for insulin doses and blood sugar checks, including one resident with no recorded blood sugar checks at all. One resident reported that staff sometimes forgot to check blood sugar or give insulin, and that the resident occasionally had to request these services. Leadership interviews revealed that the ADON had previously conducted daily medication administration audits but had been pulled to work the floor for several weeks, with no one else assigned to continue audits, and that staff were expected to chart in real time and document all administrations, refusals, and related notes, which was not consistently done.
A resident with schizophrenia, anxiety, and depression, who had a history of negative behaviors and identified triggers such as rude or "mouthy" people, became involved in a verbal argument with another cognitively intact resident in a dining area. Staff present were aware of this resident’s triggers and care-planned coping strategies but only reminded the other resident not to throw a drink and did not initiate the facility’s behavioral health response (Code [NAME]) or actively use non-pharmacological interventions at the start of the escalation. After repeated verbal warnings, the second resident threw a drink, prompting the first resident to get up and repeatedly strike the other in the face, causing visible bruising to the nose and forehead before staff separated them and called a Code [NAME].
Failure to Honor Residents’ Right to Choose Attending Physician
Penalty
Summary
The deficiency involves the facility’s failure to honor residents’ rights to choose their attending physician when new company management terminated services of an existing physician (Physician A) and limited residents’ options to two company-selected physicians (Physician B and Physician C). The facility’s own Resident Rights policy and admission packet state that residents have the right to self-determination, to choose their physician, and to designate which health care professionals will be involved in their care. Despite this, company leadership issued a 30‑day termination of services notice to Physician A, and the Administrator acknowledged that residents were only given the choice of Physician B or Physician C, even though she could see no reason why Physician A could not continue to see residents. Resident #1, who had no cognitive impairment and required partial assistance with ADLs due to hemiplegia, had Physician A listed as the attending physician on the face sheet. A letter dated 04/20/26, addressed to this resident, informed them that Physician A’s services were being terminated and that they must choose either Physician B or Physician C; the resident refused to sign because Physician A was not offered as an option. Resident #1 reported feeling anxious and upset, stated that the new company was forcing a change in primary care physician, and said the facility gave no reason why Physician A could not remain their physician. Resident #1 also reported having to comfort another resident who was crying about losing access to Physician A. Resident #2, who also had no cognitive impairment, used a walker, and had diagnoses including anxiety, depression, and hypertension, likewise had Physician A listed as attending physician and received a similar 04/20/26 letter indicating Physician A would no longer be with the facility and requiring selection of a new physician from the two listed. The Social Services Clerk told this resident they needed to pick another physician, and the resident signed the letter with Physician B circled, later stating they felt forced into choosing another physician and were anxious because they did not recognize the new physician’s name or have contact information. Resident #3, with no cognitive impairment, heart failure, bipolar disorder, and a guardian, also had Physician A listed as physician and was told by the Social Services Clerk that Physician A could no longer be their physician; no letter documenting this change was found in the record. Resident #3 reported being upset, nervous, and depressed, and their guardian stated they were told by the Administrator that they had to choose a different physician, initially being told Physician A could still come, then later that Physician A had been sent a 30‑day notice and would not return. Physician A confirmed receiving the termination letter, stated he held an active license in good standing, and reported being told by the Administrator that the new company wanted to use its own doctors and that he would no longer be allowed to see residents, despite his willingness to continue under existing protocols. The Social Services Clerk and DON both acknowledged that residents should be able to choose their physician and that the directive to remove Physician A came from company management.
Nurse aides charged for CNA training and competency evaluation
Penalty
Summary
Surveyors identified a deficiency related to the facility’s failure to ensure that nurse aides were not charged for a competency evaluation program, as required. Review of the facility’s CNA Training Program Assistance Agreement, dated 2025, showed that the agreement required the student to pay CNA training program fees set at $720.00, payable in installments per pay period, with fees described as non‑refundable and no course completion granted until the cost to the facility was reimbursed. The agreement also stated that if the student did not complete the course, no refund would be issued. Review of the active employee list and personnel files showed three nurse aides employed by the facility, including one aide enrolled in a certification program outside the facility and another aide with a signed CNA Training Program Assistance Agreement. In interviews, one NA reported working in laundry for about a year before moving into an NA position and stated the facility offered to pay the CNA program cost upfront with a repayment plan deducted from his or her paycheck, although this aide was not yet enrolled and had not received funds. Another CNA reported being hired as an NA in 2024 and stated the facility required him or her to pay for the CNA certification program, and that he or she is now certified. The Administrator confirmed that the facility did not have its own clinical program for NAs in training and that the facility’s practice was to pay the certification program cost upfront and then have NAs sign an agreement to reimburse the facility over a 12‑week period. These interviews and document reviews demonstrated that NAs were being charged, directly or through repayment agreements, for CNA training and competency evaluation programs.
Missed Anti-Seizure Medications Lead to Breakthrough Seizure and Hospitalization
Penalty
Summary
The deficiency involves the facility’s failure to ensure a resident with a seizure disorder was free from significant medication errors when multiple doses of prescribed anti-seizure medications were missed. Facility policies required medications to be ordered from the pharmacy on a timely basis, with refills requested 72 hours prior to the last dose, and required that all physician orders be followed as prescribed, with reasons for any deviations documented in the medical record. The resident had a care plan identifying a seizure disorder related to spinal cord injury and epilepsy, with interventions including administering medications as ordered and monitoring for effectiveness and side effects. Despite these policies and care plan interventions, the resident’s anti-seizure medication lacosamide, a controlled drug, was not reordered in time, resulting in the medication running out. Record review showed that the resident had physician orders for lamotrigine, levetiracetam, and lacosamide, all scheduled twice daily at 8:00 A.M. and 8:00 P.M. The controlled drug receipt for lacosamide showed that on 4/4/26 one tablet was given and zero tablets remained, and the MAR documented that on 4/6/26 both the 8:00 A.M. and 8:00 P.M. doses of lacosamide were missed, with a reference to progress notes. Progress notes on 4/6/26 documented that a medication was on order and later noted as not available, but did not specify which medication. There was no documentation that the physician was notified of the missed anti-seizure medications on 4/5/26 or 4/6/26 prior to the resident’s seizure activity. Interviews indicated that staff believed lacosamide would be automatically reordered, even though it was a controlled medication requiring a manual reorder 72 hours before the last dose. Additional missed doses occurred when the resident left the facility on a leave of absence. The Leave of Absence sheet showed the resident was signed out by family in the morning with an anticipated return in the late afternoon. The MAR documented that on that day, the 8:00 A.M. and 8:00 P.M. doses of lamotrigine, levetiracetam, and lacosamide were missed due to the resident being absent from the facility without medication. The family was not provided with the resident’s medications to administer while out, and the family member later reported only learning from the hospital that doses had been missed. A CMT stated they were not aware the resident had left until attempting the 8:00 A.M. med pass, did not check the Leave of Absence sheet, and did not recall looking for the resident for the 8:00 P.M. med pass, assuming the resident was still gone. An LPN working that evening reported the resident returned around dinner time and that they were not informed the resident had missed seizure medications earlier in the day, and could not explain why the evening doses were not administered when the resident was back in the facility. On the following day, the resident experienced seizure activity characterized by twitching, drooling, unresponsiveness to verbal stimuli, and convulsions lasting several minutes, followed by a second episode. EMS was called, and the resident was transported to the hospital. The hospital discharge summary documented that the resident, who had a history of seizure disorder and other neurologic conditions, was admitted for a breakthrough seizure and that EMS reported the resident had not received antiepileptic medications for two to three days due to supply issues at the facility. Neurology concluded the breakthrough seizure was likely due to medication noncompliance. The resident’s physician later documented that the resident had uncontrolled seizure secondary to missed doses of medication, specifically noting missed lamotrigine, and stated that they had not been informed by the facility of the missed doses of lamotrigine, levetiracetam, and lacosamide prior to the hospitalization. The DON acknowledged that lacosamide had not been reordered in a timely manner and that the resident left the facility without receiving any of the day’s medications, with no explanation for why evening doses were not given after the resident’s return. The facility’s own policies required that if a medication was ordered but not present, staff should call the pharmacy or supervisor to obtain the medication, and that all physician orders be followed with reasons for any deviations documented in the medical record. Interviews with nursing staff and the DON confirmed that CMTs were responsible for notifying nurses when medications were unavailable, and nurses were expected to contact the pharmacy, notify the DON and/or physician, and obtain further instructions if medications could not be delivered. In this case, there was no documentation that the physician was notified of the missed anti-seizure medications before the resident’s seizure, and staff interviews revealed gaps in communication about the resident’s leave of absence, the lack of medication supply, and the missed doses. These actions and inactions resulted in the resident missing multiple doses of critical anti-seizure medications over two days, culminating in a breakthrough seizure and hospitalization, with neurology attributing the seizure to medication noncompliance and the physician documenting uncontrolled seizure secondary to missed doses.
Noncompliance With CNA Training and Certification Timeframes for Multiple Nurse Aides
Penalty
Summary
Facility staff failed to ensure that nurse aides who had worked more than four months completed a nurse aide training program within the required timeframe, and that appropriate documentation of completion was maintained. Review of personnel files for five nurse aides (NA A, NA B, NA C, NA D, and NA E) showed hire dates in late October and early November 2025, with no documentation that any of them had completed the nurse aide training program. The facility’s policies did not include guidance on the required timeframe for completion of nurse aide training. Human Resources reported that some nurse aides had been terminated in October 2025 because they were not certified and then rehired, and the administrator acknowledged awareness that a few nurse aides were beyond the four‑month timeframe without certification. Interviews with the involved nurse aides confirmed that they had been working independently on the floor and performing resident care despite not having completed certification. NA A stated they had worked as an NA since 2025, were supposed to be done with the CNA class, and were waiting on an email to take the test, while working the floor alone and providing resident care. NA C reported working as an NA since April 2025, having finished the CNA class a few weeks prior but still awaiting testing, and also working independently providing resident care. NA D stated they had worked the floor for two years as an NA, were currently in CNA classes that began in November, and still had one or two classes left due to cancellations. The DON stated awareness that several NAs were working but was not aware that some were past the four‑month limit, and reported having no involvement with Human Resources or knowledge of the terminations and rehires related to lack of certification.
Failure to Maintain Effective One-on-One Supervision Resulting in Resident-to-Resident Sexual Abuse
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from sexual abuse by another resident despite known sexually inappropriate behaviors and an order for one-on-one supervision. One resident had diagnoses including anoxic brain damage, paraphilia, and sexual dysfunction, with a care plan noting occasional sexually related behaviors such as exposing genitals and touching the hands of residents of the opposite gender. The care plan directed staff to monitor and redirect behaviors and report changes in behavior or cognitive status. The resident’s behaviors reportedly worsened over time, and staff were instructed by administration to keep this resident separated from residents of the opposite gender due to ongoing sexual behaviors. Another resident involved in the incident had dementia with severe cognitive impairment, wandered frequently, and required extensive assistance with most ADLs. This resident’s care plan noted increased behaviors and a tendency to wander into other residents’ rooms, with a stop sign posted on the door to deter others from entering and taking personal items. There is no indication in the report that this resident had any sexually inappropriate behaviors; rather, the resident was cognitively impaired and dependent on staff supervision and protection. The facility’s own investigation documented that the sexually disinhibited resident was placed on one-on-one supervision on a specific date due to seeking out sexual attention, and that an alert was entered to continue one-on-one. However, multiple CNAs and a CMT reported they were not informed that the resident was on one-on-one, and administration did not clearly assign a specific staff member to provide continuous one-on-one supervision. On the day of the incident, the resident left the room, went to the dining room for coffee, and stood near the cognitively impaired resident. The CMT, who was passing medications, saw this and called a CNA to check on the resident instead of personally intervening. Before the CNA could reach them, the sexually disinhibited resident grabbed the other resident’s breast. Staff interviews consistently indicated that if a resident was on one-on-one, a specific staff member should remain with that resident at all times, but on the day of the incident the CNA assigned to the hall still had other resident care duties and could not maintain constant visual supervision. The facility’s investigation verified that sexual abuse occurred and that staff failed to intervene and redirect the resident prior to the breast grabbing, despite the one-on-one order and known risk behaviors.
Failure to Provide Ordered Narcotic Pain Medication Due to Unsigned Physician Order
Penalty
Summary
The deficiency involves the facility’s failure to ensure a resident received physician-ordered narcotic pain medication as prescribed. A resident admitted with diagnoses including muscle weakness had a physician order for Tramadol 50 mg by mouth twice daily for moderate pain, with an order date of 4/3/26 at 3:15 p.m. The Medication Administration Record for 4/1/26 through 4/30/26 showed that Tramadol was not documented as administered from the evening of 4/3/26 through 4/7/26. The facility’s Medication Administration Policy required safe, accurate, and timely medication administration, including assessment and documentation of missed or delayed medications and adherence to physician orders, but the ordered Tramadol was not provided during this period. Record review showed that the Tramadol order was entered by nursing on 4/3/26, and the resident later reported to the nurse practitioner on 4/7/26 that they were having pain all over due to a prior stroke, that this pain was typical, and that they had taken Tramadol in the past with good effect and wanted to resume it. The nurse practitioner documented a trial of Tramadol 50 mg twice daily if approved by the physician. The DON stated there was an order for Tramadol on 4/3/26 that was not signed by the physician until 4/7/26, and that the medication could not be sent from the pharmacy until after the physician signed the order. The nurse practitioner confirmed that prescriptions for controlled medications such as Tramadol must be signed by the physician and that the medication could not be dispensed until the physician’s signature was obtained. As a result, the resident did not receive the ordered Tramadol for four consecutive days.
Chemotherapy Medication Administered Due to Transcription Error in Electronic Order Entry
Penalty
Summary
The deficiency involves the facility’s failure to maintain a safe and effective medication system, resulting in a resident receiving a chemotherapy-related medication that was never ordered by the practitioner. The resident had no cognitive impairment and diagnoses including heart failure, edema, and a history of heart attack, with no diagnosis of cancer. The resident’s physician orders included Torsemide 20 mg daily for fluid retention, and later an order was entered on 03/18/26 for Torpenz (Everolimus) 10 mg daily for edema, despite Everolimus being a breast cancer medication and not ordered by the practitioner. On 03/18/26, an RN documented a new order from a nurse practitioner to decrease Torsemide to 10 mg daily due to the resident’s complaint of dry mouth, but there was no nursing note documenting any order for Torpenz. The March and April MARs showed that Torpenz 10 mg was administered daily from 03/19/26 through 04/15/26, for a total of 28 doses. During this period, nursing progress notes documented multiple resident complaints including dry mouth, concerns about whether medications were dangerous, fluctuating sensations of feeling hot and cold, and difficulty swallowing attributed to dry mouth. The error was traced to the RN’s entry of the medication order into the electronic system. The RN reported that when typing “TOR” into the electronic ordering system, Torpenz and Torsemide appeared side by side, and the wrong medication was selected. The RN did not read the order back before saving it in the electronic record, and the incorrect Torpenz order was transmitted to the pharmacy as a treatment for edema. The pharmacist later identified that the resident had no cancer diagnosis and contacted the facility, leading to confirmation with the physician that the intended order was a dose change of Torsemide to 10 mg daily, not a new order for Torpenz. The facility’s administrator and PCP both acknowledged that the error stemmed from a transcription mistake in the electronic medical record and that the pharmacy also did not initially catch the inappropriate medication and indication.
Failure to Prevent Resident-to-Resident Physical Abuse in Common Areas
Penalty
Summary
The deficiency involves the facility’s failure to protect residents from physical abuse during multiple resident‑to‑resident altercations. Facility policy defined abuse as the willful infliction of injury, including certain resident‑to‑resident altercations, and required the facility to identify, correct, and intervene in situations where abuse was more likely to occur through assessment, care planning, and monitoring. Despite this, three cognitively intact residents sustained injuries from peers in separate incidents involving disputes over a TV remote, food, and a drink thrown during an argument, all occurring in common areas where staff were present or nearby. In the first incident, a cognitively intact resident with paranoid schizophrenia and mood disorder symptoms was seated in a wheelchair watching TV when another resident with schizoaffective disorder stood over the resident and struck the resident several times in the chest and face during a dispute over a TV remote. Witness accounts and a police report indicated that the aggressor placed both hands around the victim’s neck and choked the resident, resulting in redness to the face, chest, and scratches on the neck. The ADON reported seeing the aggressor’s hands around the victim’s neck and hitting motions before staff intervened. The facility’s own investigation substantiated that physical contact occurred and classified the event as abuse, yet the altercation escalated to choking and hitting before effective intervention occurred. In the second incident, two cognitively intact residents with schizoaffective/bipolar diagnoses became involved in a hallway altercation after one resident became angry about not receiving noodles or coffee that the other resident had. The aggressor called the other resident names and then hit the resident near the left eye several times, causing a hematoma and visible bruising around the eye, eyebrow, and forehead. Staff heard loud yelling and, upon exiting the smoke room or looking up from charting, observed the residents already on the floor or actively fighting, with witnesses specifically seeing one resident hitting the other. The facility’s investigation concluded that a peer‑to‑peer physical altercation occurred, with one resident identified as the aggressor and the other as the victim, and the ADON and NP both characterized the event as abuse, but the conflict progressed to repeated blows to the head before staff separated the residents. In the third incident, two cognitively intact residents with psychiatric and brain disorder diagnoses were seated together in the dining room when a conversation about parenting and family escalated. One resident repeatedly told the other that if juice was thrown, the resident would “whoop” the other’s “ass,” and staff and another resident heard these verbal threats and told the potential aggressor not to throw the drink. Despite these warnings and staff awareness that the threatened resident escalated quickly, staff remained at a distance and only intervened verbally. The resident then threw juice on the peer, who immediately responded by punching the resident in the face multiple times with a closed fist until staff physically separated them. Multiple witnesses, including CNAs, a CMT, and other residents, confirmed that the drink was thrown and that one resident then repeatedly struck the other in the face, causing bruising to the nose and left eyebrow/forehead area. The facility’s initial investigation determined the incident was not abuse, but the ADON, NP, and DON later acknowledged that the altercation would be considered abuse and that it could have been prevented had staff intervened more directly when the threats and escalation were first observed.
Failure to Document and Administer Ordered Blood Glucose Checks and Insulin
Penalty
Summary
The deficiency involves the facility’s failure to ensure that services related to blood glucose monitoring and insulin administration were provided and documented in accordance with professional standards and physician orders for three residents with Type II Diabetes Mellitus. Facility policies required that all insulin be administered per physician orders, coordinated with mealtimes and bedtime snacks unless otherwise specified, and that staff document the insulin dose, site, time, and nurse signature after administration. Policies also required licensed nurses to routinely review electronic MARs/TARs, document any medications not given with an appropriate chart code and progress note, notify the DON/ADON/RN, Administrator, physician, and legal guardian as applicable, and document a plan/solution and any adverse reactions when medications were omitted. Staff were expected to review their MARs/TARs before the end of each shift to ensure all ordered medications and treatments were administered and properly documented. For one cognitively intact resident with a diagnosis of Type II Diabetes Mellitus, physician orders included Humalog (insulin lispro) per sliding scale, insulin glargine 25 units subcutaneously at bedtime (to be held for blood glucose less than 70 mg/dL), and blood sugar checks before meals and at bedtime. Review of this resident’s April MAR/TAR showed six missed out of 27 opportunities for insulin glargine administration, seven missed out of 81 opportunities for insulin lispro administration, and 11 missed out of 108 opportunities for blood sugar checks. During interview, the resident reported that staff sometimes forgot to check blood sugar and give insulin, and that the resident occasionally had to ask staff to perform blood sugar checks or insulin administration when it was not done as ordered. The resident also speculated that staff might be performing checks and administration outside scheduled times and not documenting them. For a second resident with Type II Diabetes Mellitus, orders included blood sugar checks before meals and at bedtime and Lantus (insulin glargine) 12 units subcutaneously twice daily, with subsequent changes to insulin lispro per sliding scale, Lantus 13 units twice daily, and then Lantus 10 units twice daily during April. Review of the April MAR/TAR showed nine missed out of 36 opportunities for insulin lispro administration, one missed out of seven opportunities for the Lantus 10-unit twice-daily order, seven missed out of 18 opportunities for the Lantus 13‑unit twice-daily order, and 10 missed out of 66 opportunities for blood sugar checks. For a third resident with Type II Diabetes Mellitus, orders included blood sugar checks before meals and at bedtime, insulin aspart per sliding scale, insulin aspart‑szjj 8 units subcutaneously before meals and at bedtime, and insulin degludec 4 units subcutaneously at bedtime. The April MAR/TAR for this resident showed nine missed out of 109 opportunities for insulin aspart, 10 missed out of 109 opportunities for insulin aspart‑szjj, four missed out of 27 opportunities for insulin degludec, and no documentation at all for ordered blood sugar checks. Interviews with facility leadership and clinical staff further described inactions related to monitoring and documentation. The ADON stated they had not noticed documentation issues with blood sugar checks and insulin administration but acknowledged residents had informed them at times that blood sugars were not checked. The ADON reported that CMTs could check blood sugars, some CMTs were certified to administer insulin, and that nurses were responsible for most blood sugar checks and insulin administration. The ADON felt staff were not good about documenting refusals and noted that they had previously conducted daily medication administration audits but had been assigned to work the floor for three to four weeks, preventing completion of these audits, and no one else had been assigned to perform them. The ADON also suggested documentation might be missed when staff responded to behavioral emergencies, while reiterating that staff were responsible for documenting all blood sugar checks, insulin administration, refusals, and related progress notes, and for communicating with nurse management when issues interfered with documentation. The NP stated an expectation that staff follow all physician orders, document refusals of blood sugar checks and insulin administration, follow facility policy for blood sugar checks and insulin administration, and notify the provider when required by order, and reported not having heard resident complaints about these issues. The DON and Regional Nurse Consultant stated that all staff were expected to chart in real time and that there was no excuse for failing to document blood sugar checks or insulin administration. They confirmed that the ADON had been performing medication administration audits but had been working on the floor more frequently and was unable to continue the audits, and that no other person had been assigned to perform them. They expressed the belief that staff were performing blood sugar checks and insulin administration but not documenting them, and reiterated that refusals of blood sugar checks and insulin administration also needed to be documented. These findings collectively show multiple missed and undocumented blood glucose checks and insulin administrations, contrary to physician orders and facility policy, for three residents during the review period.
Failure to Initiate Behavioral Health Response During Verbal Escalation Leading to Resident Assault
Penalty
Summary
The deficiency involves the facility’s failure to follow its behavioral health response procedures, specifically not initiating a Code [NAME] at the start of a verbal escalation involving a resident with known behavioral health diagnoses. Facility policy required that residents receive necessary behavioral health services, including person-centered, non-pharmacological interventions and staff education to recognize and respond to behavioral triggers and escalating behaviors. Resident #2 had documented diagnoses of schizophrenia, anxiety disorder, and major depressive disorder, with a care plan noting prior physical altercations, negative behaviors such as yelling, threatening to hurt people, and throwing objects, and triggers including rude people, yelling, cursing, and people not listening. Interventions in the care plan included closely monitoring for signs of anxiety, acting before the resident lost control, avoiding power struggles, respecting personal space, and using coping skills and meaningful activities to reduce anxiety and prevent escalation. On the day of the incident, Resident #1 and Resident #2 were seated at a table and became involved in a verbal argument. According to interviews and witness statements, the conversation included comments about Resident #1’s child and led to mutual name-calling. Resident #2 warned Resident #1 multiple times not to throw a drink and stated that he/she would “whoop” Resident #1’s “ass” if the drink was thrown. Staff present, including CNAs, were aware that Resident #2 had triggers related to “mouthy people” and boredom and that he/she escalated quickly to anger. One CNA reported checking in with Resident #2 when the argument started but did not actively intervene, instead only reminding Resident #1 not to throw the water. Another staff member was heard shouting for the residents to stop just before the altercation became physical. Staff interviews later indicated that they recognized there had been an opportunity to intervene earlier using Resident #2’s coping strategies, such as talking, walking, or engaging in activities, but these interventions were not implemented at the onset of the verbal escalation. The situation escalated when Resident #1 threw a cup of juice or water at Resident #2, after which Resident #2 got up and began hitting Resident #1 in the face. Witnesses observed Resident #2 punching Resident #1, and staff then called a Code [NAME] and physically separated the residents. Resident #1 sustained yellow and purple bruising to the nose and left eyebrow/forehead area and reported pain in those areas. Resident #2 was later observed in his/her room breathing heavily and appearing anxious, with superficial scratches to the upper chest, and reported that he/she had “blacked out” during the incident and continued punching until staff pulled him/her away. Multiple staff, including CNAs, a CMT, the ADON, the NP, and the DON, acknowledged that the altercation was triggered behavior and that earlier, more active behavioral intervention at the start of the verbal escalation could possibly have prevented the physical assault. The failure to utilize the facility’s behavioral health practices and procedures, including calling a Code [NAME] at the start of the verbal escalation and implementing care-planned non-pharmacological interventions, led to Resident #2 striking Resident #1 in the face and causing bruising. Resident #1, who was cognitively intact and had no documented behavioral symptoms in the MDS look-back period, was later care planned for involvement in a physical altercation with emotional distress and bruising to the nose. Resident #2, also cognitively intact with no behavioral symptoms noted in the most recent MDS look-back period, nonetheless had an existing care plan documenting significant behavioral risks, triggers, and required interventions. Staff interviews consistently reflected awareness of Resident #2’s behavioral history, triggers, and need for meaningful activities and coping support, yet during the incident they did not fully implement these interventions or initiate the behavioral health response at the onset of the verbal conflict. This sequence of inaction in the face of known risk factors and escalating verbal aggression directly preceded the physical altercation and resulting injury to Resident #1.
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