Kings Harbor Multicare Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Bronx, New York.
- Location
- 2000 E Gunhill Road, Bronx, New York 10469
- CMS Provider Number
- 335644
- Inspections on file
- 20
- Latest survey
- April 6, 2026
- Citations (last 12 mo.)
- 4
Citation history
Health deficiencies cited at Kings Harbor Multicare Center during CMS and state inspections, most recent first.
A resident with severe cognitive impairment, stroke-related paralysis, and dependence for bed mobility was repeatedly observed in bed with two upper side rails raised, despite a physician order for only one half side rail as an enabler and no documented medical symptom requiring bed rails. Multiple side rail assessments were incomplete, at times noted lack of resident/family consent, yet the care plan documented two half side rails as enablers. Staff, including CNAs, an LPN, an RN, and the DON, reported using the rails to assist with turning, positioning, and transfers, acknowledged the resident could not lower the rails independently, and recognized risks such as entrapment and injury. The resident experienced unwitnessed falls from bed both before and after side rail use, while the facility failed to ensure complete assessments, accurate orders, and proper classification of the side rails as restraints when the resident could not voluntarily release them.
A resident with severe cognitive impairment and diagnoses including CVA, seizure disorder, and Parkinson’s disease was found on the floor by an LPN with uncontrolled tremors, facial lacerations, and later-confirmed bilateral nasal bone and septal fractures after an unwitnessed fall. Facility documentation classified the event as a fall of unknown origin, and an RN supervisor completed an investigation concluding the resident likely rolled out of bed due to tremors, with no evidence of abuse or neglect. Despite a written policy requiring serious injuries of unknown or suspicious origin to be reported to the NYSDOH within specified time frames, the DON, ADON, and Administrator determined the incident was not reportable, and it was never reported to the state agency.
A resident with chronic medical conditions and impaired cognition developed a fever, and the MD ordered a one-time urinalysis/PCR to evaluate for UTI. Over several days, nurses and an RN supervisor attempted to obtain a urine specimen, including use of a condom catheter, but the resident either could not void or refused, and some shifts did not document any attempts. Although staff reported verbally notifying a supervisor of refusals, there was no documentation that the MD or the resident’s representative were informed of the ongoing inability to obtain urine. A specimen was eventually collected and sent to an outside lab, but the lab could not process the first sample and reported needing a repeat; there is no documentation that the MD was notified of this delay. Progress notes for several days lacked ongoing assessment of the resident’s condition, and the urine PCR result confirming infection was not available until shortly before the resident was noted to have altered mental status, hypotension, fever, and hypoxemia and was transferred to the hospital.
A resident with severe cognitive impairment and significant neurological diagnoses vomited undigested food after an evening meal and was described by staff as alert, talking, and not in distress. Facility policy required that such changes in condition be fully assessed, with vital signs documented and prompt notification of the RN supervisor and physician. An LPN later stated that vital signs were taken and stable, but there was no documentation of these vital signs in the record and no notification to the RN supervisor or physician at the time of the vomiting. Later that evening, while being turned in bed, the resident accidentally struck their head on a closet, developed a forehead laceration and hematoma, and then experienced a sudden decline requiring emergency intervention. Interviews with the RN supervisor and DON confirmed that the lack of documentation and failure to notify after the vomiting episode did not comply with facility policy or professional standards.
A resident with severe impaired cognition and a history of osteopenia reported pain and inability to stand, but was transferred by an LPN and CNA before being assessed or receiving pain medication. The resident was later diagnosed with an acute pelvic fracture at the hospital. The facility's investigation found no documented pain assessment or administration of pain relief prior to the transfer, highlighting a failure in adhering to the facility's pain management policy.
The facility was found to have non-GFCI outlet receptacles within six feet of sinks, potentially creating an electrical hazard. This issue was observed in multiple resident rooms and floors during a facility tour, with the Director of Maintenance present and acknowledging the deficiency.
The facility failed to ensure proper installation and coverage of the automatic sprinkler system, with deficiencies noted in several areas including Stairwell D, the emergency laundry storage room, and the Soiled Utility Room. Sprinklers were improperly installed in the kitchen, Staff Restroom, and resident's Shower Room, not adhering to NFPA standards.
A facility failed to report a resident-to-resident abuse incident to the Department of Health within the required 2-hour timeframe. The incident involved a resident hitting another with a grabber, and although staff were aware and reported it internally, the external report was delayed until the next day. Both residents had cognitive impairments, and the facility's policy mandates immediate reporting of such incidents.
The facility failed to submit resident assessments to CMS within the required timeframe due to an error in the submission process. Nine assessments were delayed because the IT Support person submitted the same file twice, leading to one batch being overlooked. This issue was identified during a survey, and the facility's Administrator acknowledged it as an honest mistake.
During a Life Safety Recertification survey, unmounted power strips and an extension cord were found in use in various administrative areas and the Nursing Office, violating NFPA 70 standards. The Director of Maintenance acknowledged the temporary use of the extension cord and stated that power strips would be mounted.
A resident with dementia and a history of aggressive behavior was allegedly slapped by a CNA during care. The facility's policy to report combative behavior was not followed, and care instructions lacked guidance on handling aggression. The CNA was terminated after the incident was reported by another staff member.
A medication error occurred when an RN administered insulin to the wrong resident, who was not on insulin therapy. The RN failed to verify the resident's identity, leading to the administration of 24 units of Lantus insulin. The resident, who has Type 2 Diabetes Mellitus but no insulin order, was alert and responsive with normal vital signs. The error was discovered when the resident informed the RN, prompting immediate notification to the LPN, Nursing Supervisor, and Medical Doctor.
Improper Use of Bed Side Rails as Physical Restraints Without Medical Justification
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident was free from physical restraints that were not required to treat a medical symptom, specifically related to the use of bed side rails. The facility’s own policies on Side Rails and Physical Restraints require individualized assessment, identification of a medical symptom necessitating the device, a specific and accurate physician order, informed consent, and ongoing reassessment at admission, readmission, quarterly, and with condition changes. For the resident in question, who had a history of stroke with right-sided paralysis and non-Alzheimer’s dementia and was severely cognitively impaired, the Quarterly MDS documented that bed rails were not in use, yet subsequent observations and records showed two upper side rails raised on multiple occasions while the resident was in bed. Surveyors observed the resident in bed on several dates with two upper side rails raised, and during one observation, staff instructed the resident to hold the rails while being turned, which the resident could do, but the resident was unable to lower the rails when asked. Multiple Siderail Use Assessments over several months documented that the resident could follow commands, required assistance with bed mobility, and used side rails for positioning and support, with the side rail location consistently documented as bilateral. However, several assessments were incomplete, particularly in the sections for side rail recommendations and documentation of resident/family consent and awareness of risks. Earlier assessments also documented that the resident/family did not consent to the use of side rails as enablers. Despite this, the care plan documented the provision of two half side rails as enablers, while the physician order only authorized one half side rail as an enabler, and there was no documentation of a medical symptom requiring the use of bed rails or an order for two upper side rails. The resident had a history of unwitnessed falls from bed both before and after side rail use, with documented injuries including swelling to the forehead, bleeding from the mouth, and hip pain requiring hospital evaluation. Staff interviews revealed that CNAs and nurses used the side rails to assist with turning, positioning, and transfers by having the resident hold onto the rails, and some staff believed the rails might help prevent falls, although they acknowledged that the resident had fallen out of bed with the rails in place. Nursing staff, including an RN and the Assistant DON, acknowledged that the resident could not put the side rails down independently, that there were risks of the resident’s fingers, face, or head getting caught or injured in the rails, and that side rails could be considered a restraint and pose entrapment risks when the resident could move in bed but could not operate the rails. The DON stated that residents should be assessed quarterly for side rail appropriateness and that documentation and physician orders should have been complete and correct, but in this case, there was no documented medical symptom justifying the bed rails, incomplete assessments, lack of documented consent, and a mismatch between the physician order and the actual use of two upper side rails, resulting in the resident being restrained contrary to regulatory and facility policy requirements.
Failure to Report Serious Injury of Unknown Origin to State Agency
Penalty
Summary
The deficiency involves the facility’s failure to report an incident of unknown origin that resulted in a serious injury to a resident to the New York State Department of Health (NYSDOH) as required by regulation and facility policy. The facility’s abuse reporting policy, reviewed in May 2025, states that incidents suspected of abuse, neglect, exploitation, misappropriation, or serious injury of unknown origin that is suspicious in nature must be reported within two hours after forming the suspicion to NYSDOH, and all other incidents must be reported within 24 hours. Despite this policy, the incident involving Resident #273, which resulted in a nasal fracture and lacerations, was not reported to the state agency. Resident #273 had diagnoses including cerebrovascular accident, seizure disorder, and Parkinson’s disease, and a quarterly MDS documented severely impaired cognition and dependence for toileting and rolling in bed. On 01/07/2026 at approximately 5:30 PM, an LPN conducting rounds found the resident lying on the bedroom floor between two beds, with uncontrolled tremors, a small laceration on the bridge of the nose with active bleeding, and a small laceration on the mid-forehead. The resident was unable to provide details of the event. The RN supervisor was notified, the areas were cleaned, pressure and an ice pack were applied, and the physician and family were notified. The resident was transferred to the hospital for further evaluation, and the hospital discharge summary documented fractures of the bilateral nasal bones and nasal septum, as well as resting tremors. Facility documentation, including the Fall/Occurrence Report and Summary of Investigation initiated on 01/07/2026, described the event as an unwitnessed fall with the resident found on the floor, severely cognitively impaired, and unable to state what happened. The investigation concluded that the resident, who had Parkinson’s disease and tremors, may have rolled out of bed onto the floor, and that there was no evidence to support abuse, neglect, or mistreatment; therefore, the incident was deemed not reportable to NYSDOH. Interviews with the Assistant DON, DON, and Administrator confirmed that they did not suspect abuse or neglect and decided the incident was not reportable, and there was no documented evidence that the incident resulting in the nasal fracture and lacerations was reported to the state agency, in violation of 10 NYCRR 415.4(b).
Failure to Obtain and Communicate Timely Urine Testing After Change in Condition
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident with a change in condition received timely diagnostic testing and that refusals and collection difficulties were communicated and documented in accordance with professional standards and facility policy. The resident had hypertension, diabetes mellitus, and chronic kidney disease, with moderately impaired cognition, dependence for toileting, and continuous urinary incontinence. On 02/09/2026, the resident was found to have a fever of 101.9°F during wound rounds, and the MD ordered a one-time urinalysis/urine PCR along with other tests to rule out respiratory viruses and a urinary tract infection. The care plans in place included monitoring labs as scheduled, assessing the source of fever, and obtaining lab tests per physician order. Following the MD’s order for urine testing on 02/09/2026, staff made multiple attempts to obtain a urine specimen but were unsuccessful due to the resident’s inability to void and refusals. Nursing notes documented that no urine was obtained on 02/10/2026 at 4:22 PM, that the resident was uncooperative with urine collection on 02/10/2026 at 10:30 PM, and that urine could not be obtained on 02/11/2026 at 6:51 AM and again on 02/12/2026 at 3:55 PM. However, there was no documented evidence that the MD was notified when the ordered specimen was not collected, nor that the resident’s representative was notified of the refusals. There were also gaps where no attempts or outcomes were documented on multiple shifts between 02/09/2026 and 02/12/2026, despite staff interviews indicating that attempts and refusals occurred and that a supervisor had been verbally informed. A urine sample was eventually documented as collected and refrigerated on the night of 02/12/2026, and laboratory staff later reported that a sample was picked up on 02/13/2026, but the lab was unable to perform the test and needed a repeat specimen. The lab indicated that they likely attempted to notify the facility about the problem with the sample around 02/15/2026 but were not able to reach staff until 02/17/2026, when a call was documented requesting another urine sample. A new specimen was collected and refrigerated on 02/17/2026, and lab staff collected urine on 02/18/2026, with results electronically available on 02/19/2026 showing a positive urine PCR for Streptococcus group B and Candida. During this period, nursing progress notes from 02/14/2026 to 02/17/2026 lacked ongoing monitoring and assessment of the resident’s condition, and there was no documentation that the MD was informed of the delayed urine test results. On 02/19/2026, the resident again had an elevated temperature and later was noted by the MD to have altered mental status, low blood pressure, fever, and hypoxemia, leading to transfer to the hospital to rule out sepsis. The facility’s own policies required standardized processes for early recognition, timely notification, and efficient communication of lab values, but the record showed delays in specimen collection, lack of documentation of attempts and refusals, and failure to notify the MD and the resident’s representative when the ordered urine testing was not completed as intended.
Failure to Assess, Document, and Notify After Resident Vomiting Episode
Penalty
Summary
The deficiency involves the facility’s failure to provide treatment and care in accordance with professional standards and facility policy when a resident experienced vomiting after dinner. The resident had significant neurological diagnoses, including subdural hematoma, hydrocephalus, and dementia, and was documented as having severely impaired cognition and requiring extensive assistance with eating and bed mobility. On the evening in question, the resident ate dinner in their room with assistance and later vomited a small amount of undigested food, with vomitus observed on clothing and bed linens. Staff interviews and documentation show that the resident was described as alert, talking, and not in distress at that time. According to the facility’s policies on Notification of Changes and Falls/Occurrences, any accident, incident, or significant change in condition requires immediate notification of the physician and, as appropriate, the resident’s representative, as well as supportive documentation including vital signs, full physical assessment, and therapeutic interventions. The LPN reported in an investigative statement that vital signs were taken after being informed of the vomiting and that the resident was stable, but there was no documented evidence in the medical record that vital signs were recorded. There was also no documented evidence that the RN supervisor or the physician were notified of the vomiting episode, despite the facility’s policy and the RN supervisor’s later statement that such a change in condition should have been reported. Later that same evening, during bed linen changes, the resident was turned in bed and accidentally hit their head on the closet, resulting in a laceration and hematoma to the forehead. The LPN then notified the RN supervisor, who assessed the resident, noted changes in communication and mental status, obtained vital signs showing hypotension and bradycardia, and initiated emergency measures when the resident became unresponsive and pulseless. Subsequent interviews with the RN supervisor, DON, and Medical Director confirmed that the LPN did not notify the supervisor at the time of the vomiting and did not document the vital signs taken after the vomiting episode. The deficiency centers on the lack of timely notification and incomplete documentation following the resident’s vomiting, contrary to professional standards and the facility’s own policies.
Failure in Pain Management for Resident with Acute Pelvic Fracture
Penalty
Summary
The facility failed to provide appropriate pain management for a resident who required such services, as evidenced by the events surrounding a resident with severe impaired cognition and a history of osteopenia and prior falls. On the morning of the incident, the resident reported pain and an inability to stand to a Certified Nursing Assistant (CNA). Despite this, the resident was transferred by a Licensed Practical Nurse (LPN) and the CNA before being assessed by a Registered Nurse Supervisor or receiving any pain medication. This transfer occurred prior to any documented pain assessment or administration of pain relief, which was contrary to the facility's policy requiring pain assessment by a Registered Nurse using a Pain Assessment Tool. The resident was later transferred to the hospital, where they were diagnosed with an acute pelvic fracture. The facility's investigation revealed that the resident had a history of osteopenia and previous fractures, which increased their risk for further fractures. However, there was no documented evidence of a pain assessment or administration of pain medication before the hospital transfer. The LPN claimed to have administered pain medication but failed to document it, and the Registered Nurse Supervisor only assessed the resident after they had been moved to a chair. Interviews with the staff involved revealed a lack of adherence to the facility's pain management policy. The CNA and LPN transferred the resident without a prior assessment, and the LPN did not check the resident's hip due to the resident wearing pants. The Director of Nursing acknowledged that the resident's pain was new and should have been assessed before any movement. The facility's investigation concluded that there was no evidence of abuse, neglect, or mistreatment, but the deficiency in pain management was evident.
Plan Of Correction
Plan of Correction: Approved January 21, 2025 **NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 1. What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? Resident #1 was identified as being directly affected by the alleged gap in practice. The facility did not ensure that pain management is provided to resident who require such services consistent with professional standards of practice and the comprehensive person-centered care plan. - An investigation was conducted and concluded that there was no evidence to support that abuse, neglect or mistreatment may have occurred. - Resident #1 was transferred to the hospital on [DATE] and readmitted to Kings Harbor on 2/15/24. - Upon resident #1 readmission from the hospital: - A Pain Assessment was completed - Resident #1 was evaluated by PMD and Tylenol 325mg q 6 hours for 14 days was ordered for pain management. - Care Plan #131A Pain Management was updated. - Resident #1 was monitored for pain and the effectiveness of pain management. - LPN #1 was educated on medication administration and documentation. - RN #1 was educated on pain assessment, pain management and updating Care Plan when change in resident condition is noted. - CNAs, LPNs and RNs of the Manor service were educated on reporting new onset of pain and deferring transfer/movement of resident prior to assessment by RN. 2. How will you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? The facility respectfully states that all residents have the potential to be affected by the alleged gap in practice. All residents with new onset of pain in the last 30 days will be reviewed by the RNM/RNS to ensure that a pain assessment is conducted, PMD was notified, appropriate pain management was implemented, and pain care plan was updated. In the event that non-compliance was identified, it will be immediately corrected to comply with F697. Responsible Party: RNM/RNS 3. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not occur? An Ad Hoc QA/PI Meeting with the Administrator, DON, Medical Director, Director of QA/PI, and Staff Development was held to discuss the systemic changes that will be made to ensure that the deficient practice does not occur. 1. The Policy and Procedure for Pain Assessment, Education and Management was reviewed to assure compliance with F697 by the Administrator in conjunction with the Director of Nursing, Director of QA/PI and Medical Director and revised accordingly. The change in policy includes: - Pain assessment and Pain Management care plan update shall be performed: a. On admission/re-admission b. Quarterly and Annually for CCP Meeting c. Upon significant change in residents’ condition d. Upon any incident or accident as part of the assessment of the resident e. For any new complaint of pain identified by resident or staff f. Prior to initiation of a pain medication regime or change in pain medication regime g. Upon a change in the resident’s pain medication h. At any other time based on nursing or physician assessment Responsible Party: Administrator, DON, Medical Director, Director of QA/PI 2. Inservice education will be provided by the Inservice Coordinator/designee to all RNs and LPNs on pain assessment, management and care plan update. Highlights of the lesson plan include: - It is the policy of Kings Harbor to assess and manage resident’s pain upon admission/readmission and continually throughout their stay to assure the highest level of pain control and resident comfort. - When and how to perform pain assessment - Communicating with the medical provider when pain is identified - Documentation of pain assessment and management - Updating pain care plan as indicated in the Pain policy Responsible Party: Inservice Coordinator/Designee 4. How the corrective action(s) will be monitored to ensure the deficient practice will not recur? 1. An audit tool will be developed to monitor the facility’s compliance with ensuring that all residents with new onset of pain are assessed and managed and that all appropriate documentations are completed. Responsible Party: QA/PI 2. All residents with new onset of pain will be reviewed to ensure that they are assessed, and appropriate management is implemented weekly x 4 weeks and then monthly for 3 months, using the new audit tool to ensure compliance. Any identified issues will be immediately addressed and shared at the Morning Meeting. Responsible Party: Nursing Team Leaders/ADON 3. The results of the pain audits will be analyzed for trends and patterns. Responsible Party: QA/PI Coordinator 4. Results of the pain audit will be presented and discussed at the facility monthly by QA/PI. Responsible Party: QA/PI Coordinator 5. Date for correction and the title of the person responsible for correction of deficiency. Deficiency will be corrected by (MONTH) 21, 2025, 60 days from the survey exit date. Person responsible for correction is the Administrator.
Non-GFCI Outlets Near Sinks Pose Electrical Hazard
Penalty
Summary
The facility failed to ensure compliance with the National Electric Code NFPA 70, 2011 edition, by not installing ground-fault circuit interrupter (GFCI) type outlet receptacles within six feet of sinks, which could potentially create an electrical hazard. This deficiency was observed during a facility tour conducted over several days, where outlet receptacles not of the GFCI type were found in resident rooms P436, M409, M401, and throughout all five resident floors. These observations were made in the presence of the Director of Maintenance, who acknowledged the issue.
Plan Of Correction
Plan of Correction: Approved December 31, 2024 1. What corrective actions will be accomplished for those residents found to have been affected by the deficient practice? a. No residents were identified as affected by the deficient practice. b. To comply with 2011 NFPA 101, the observed electrical outlets in rooms P346, M409, M401, and other identified resident floors will be converted to approved GFCI outlets by the Engineering Staff. 2. How would you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? a. The facility respectfully states that all residents have the potential to be affected by the deficient practice. b. The Engineering staff performed an inspection throughout the facility to ensure that all electrical outlets are located within 6 feet of any water source. All identified outlets that are not compliant will be converted to approved GFCI outlets. 3. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not recur? a. The Director of Engineering reviewed and revised the facility policy on Electrical Outlet Testing to include, “GFCI to be used within 6 feet of water source.” b. All Engineering staff will be informed and educated regarding the revised policy on Electrical Outlet Testing. The education will include proper installation, usage, and testing of GFCIs. c. A copy of the attendance will be maintained for reference and validation. 4. How the corrective actions will be monitored to ensure the deficient practice will not recur, i.e., what quality assurance program will be put into practice: a. The Director of Engineering will include in the Environment of Care audit tool to inspect and test all GFCI receptacles. b. Audits will be performed monthly by the Engineering staff to ensure compliance. c. Any issues identified by the audit will be corrected immediately by the Engineering Department. d. Audit findings will be presented to the QA Committee quarterly for evaluation. 5. Completion Date: (MONTH) 7, 2025 Responsible Person: Director of Engineering
Improper Sprinkler Installation and Coverage
Penalty
Summary
The facility failed to ensure proper installation and coverage of the automatic sprinkler system as required by the 2012 NFPA 101 and 2010 NFPA 13 standards. During a recertification survey, it was observed that the sprinkler coverage was inadequate at the bottom landing of Stairwell D near a discharge door and in the emergency laundry storage room located in the basement. Additionally, a pendent sprinkler in the Soiled Utility Room was installed closer than four inches from the wall, which does not comply with the minimum distance requirements. Further deficiencies were noted during a tour of the kitchen, where a sidewall sprinkler was improperly installed on the ceiling of the dessert refrigerator. On the 3rd Floor of the Manor building, a sidewall sprinkler was also incorrectly installed on the ceiling of the Staff Restroom, and a pendent sprinkler was positioned closer than four inches from the wall in the resident's Shower Room. These observations indicate a failure to adhere to the specified guidelines for sprinkler installation, potentially compromising the effectiveness of the fire protection system.
Plan Of Correction
Plan of Correction: Approved December 31, 2024 1. What corrective actions will be accomplished for those residents found to have been affected by the deficient practice? a. No residents were identified as affected by the deficient practice. b. To comply with 2010 NFPA 13, the Director of Engineering contacted the Fire Safety Sprinkler Company to: 1. Install the lacking fire sprinklers at the bottom landing of stairwell D and the emergency laundry storage room. 2. Appropriate sprinkler will be installed in the soiled utility room, 3rd floor Manor building staff restroom and the residents shower room. 3. The facility has signed a contract for installation and work has commenced. 2. How would you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? a. The facility states that all residents have the potential to be affected by deficient practice. b. The contracted company reviewed sprinkler coverage throughout the facility and no additional areas were identified. 3. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not recur? a. All Engineering staff will be informed and educated regarding sprinkler heads that were installed and their location, as well as overview of requirements for sprinkler coverage as per K351. b. The education will concentrate on the requirements to maintain sprinklers in all needed areas as well as ensure sprinkler heads are installed as required. c. A copy of the attendance will be maintained for reference and validation. 4. How the corrective actions will be monitored to ensure the deficient practice will not recur. i.e. what quality assurance program will be put into practice: a. The Director of Engineering has reviewed and revised the Environment Care Audit tool to ensure proper sprinkler coverage. b. Audits will be performed monthly by the Engineering Director/designee x 5 months and then annually thereafter to ensure compliance. c. Any issues identified by the audit will be corrected by the Engineering Department or our contracted sprinkler company as needed. d. Audit findings will be presented to the QA Committee quarterly for evaluation. 5. Completion Date: (MONTH) 7, 2025 Responsible Person: Director of Engineering
Failure to Timely Report Resident-to-Resident Abuse
Penalty
Summary
The facility failed to report an alleged incident of resident-to-resident physical abuse to the New York State Department of Health within the required 2-hour timeframe. The incident involved two residents, one of whom hit the other on the shoulder with a grabber. The incident occurred at approximately 1:40 PM, and the facility's Administrator was made aware of it by 1:55 PM. However, the report was not submitted to the Department of Health until the following day at 12:31 PM. Resident #193, who was hit, was admitted with diagnoses including end-stage renal disease, cerebral infarction, and polyneuropathy, and was cognitively impaired. Resident #325, who committed the act, was admitted with diagnoses including Alzheimer's disease, unspecified dementia, and major depressive disorder, and was severely impaired in cognition. The incident was witnessed by a Certified Nursing Assistant who reported it to a Registered Nurse, who then informed the Assistant Director of Nursing and the Director of Nursing. Despite the facility's policy requiring immediate reporting of abuse allegations, the Assistant Director of Nursing did not receive instructions from the Director of Nursing to report the incident until the next day. Both the Director of Nursing and the Administrator acknowledged the requirement to report such incidents within 2 hours but could not recall why the report was delayed. This failure to report in a timely manner constitutes a deficiency in the facility's compliance with state regulations.
Plan Of Correction
Plan of Correction: Approved December 30, 2024 1. What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? Resident #193 and resident #325 were identified as being directly affected by the alleged gap in practice. The facility did not ensure that an alleged violation involving resident-to-resident physical abuse was reported immediately, but no later than 2 hours after allegations were made to the State Survey Agency. - An investigation was conducted and concluded that the altercation was sudden in nature and was not premeditated. - Resident #193 and #325 were separated. Resident #325 was transferred to another unit. - Resident #193 and #325 were assessed and monitored. - Resident #193 and #325 medical provider and family were notified of the incident. - Resident #193 and #325 were seen and evaluated by the psychologist. - Resident #325 was seen and evaluated by the psychiatrist. - Social Services provided emotional support to residents #193 and #325. - The incident was reported to the NYS-DOH on 7/29/24. - RN #4 was re-educated on actual/alleged abuse reporting to ensure that the NYS-DOH is notified within 2 hours after the incident/allegation. - CNA #7 was re-educated on abuse prevention and reporting. 2. How will you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? The facility respectfully states that all residents have the potential to be affected by the alleged gap in practice. All incidents and accidents for the preceding 30 days were reviewed by the Assistant Directors of Nursing to ensure that any incidents of alleged or actual abuse or incidents involving serious injury were reported timely to the DON and Administrator, as required, to the state agency and all other required agencies (i.e. law enforcement when applicable). In the event that non-compliance was identified, the incident will be immediately reported to all required entities and staff involved re-inserviced on the required timeframes to report. Responsible Party: Assistant Directors of Nursing 3. What measures will be put in place or what systemic changes will you make to ensure that the deficient practice does not occur? 1. The Policy and Procedure for Abuse- Prohibition Protocol, Types of Abuse, Response/Reporting Prevention/Response/Reporting was reviewed to assure compliance with F609 by the Administrator in conjunction with the Director of Nursing, Director of QA/PI, and Medical Director and revised accordingly. The change in policy includes: - Any alleged violations involving mistreatment, neglect, or abuse, including serious injuries of an unknown source must be reported to the Administrator/Designee, or department director immediately. An immediate investigation must be made and the findings of such investigation must be reported to the NYSDOH via Electronic Incident Reporting form within 2 hours of occurrence/discovery. Responsible Party: Administrator, DON, Medical Director, QA/PI 2. The Policy and Procedure for Abuse Reporting was reviewed to assure compliance with F609 by the Administrator in conjunction with the Director of Nursing, Director of QA/PI, and Medical Director and found to be in compliance. Responsible Party: Administrator, DON, Medical Director, Director of QA/PI 3. Inservice education will be provided by the Inservice Coordinator/designee to all staff on abuse, neglect, and mistreatment including injuries of unknown origin regarding reporting requirements related to violations involving abuse to the NYSDOH and NYPD, immediately. Education on Abuse Prohibition Protocol will continue to be provided to staff upon hire and annually thereafter. Highlights of the lesson plan include: - The facility staff must immediately report all alleged violations of mistreatment, neglect, and abuse, including injuries of unknown origin and misappropriation of resident property to the RNM/RNS/ADON. An investigation is to immediately follow. - The RNM/RNS/ADON will immediately notify the DON who will notify the Administrator. - Upon notification, the Assistant Director of Nursing/Designee must report alleged violations of mistreatment, neglect, and abuse, including injuries of unknown origin and misappropriation of resident property immediately to the NYSDOH and as appropriate to other required agencies (i.e., NYPD). Responsible Party: Inservice Coordinator/Designee 4. The Residents Occurrence Log-In form (SAFETY-967) was reviewed and revised to ensure that actual/allegation of abuse is reported to the NY-DOH within 2 hours of the incident/allegation. Revision of form included adding: - Reportable (Y/N) - Date/Time Reported to DOH - Date/Time Reported to Other Agency Responsible Party: QA/PI 4. How will the corrective action(s) be monitored to ensure the deficient practice will not recur? 1. An audit tool will be developed to monitor the facility’s compliance with ensuring that all accidents and incidents are investigated, and abuse is reported timely as per NYSDOH and Federal reporting guidelines. Responsible Party: QA/PI 2. All accidents/incidents and grievances involving alleged abuse or serious injuries will be audited daily by the Assistant Director of Nursing/designee for 30 days and then monthly for 3 months, using the new audit tool to ensure compliance. Any identified issues will be immediately addressed and shared at the Morning Meeting. Responsible Party: Assistant Director of Nursing/Designee 3. The results of the accidents and incidents audits will be analyzed for trends and patterns. Responsible Party: QA/PI Coordinator 4. Results of the accidents and incidents audit will be presented and discussed at the facility quarterly QA/PI meetings. Responsible Party: QA/PI Coordinator 5. Date for correction and the title of the person responsible for correction of deficiency. Deficiency will be corrected by (MONTH) 7, 2025, 60 days from the survey exit date. Person responsible for correction is the Administrator.
Delayed Submission of Resident Assessments
Penalty
Summary
The facility failed to ensure timely submission of resident assessments to the Centers for Medicare and Medicaid Services (CMS) system, as required by their policy. During a recertification survey, it was found that nine resident assessments were not submitted within the mandated 14 days of completion. The assessments for these residents had completion dates ranging from October 24, 2024, to November 1, 2024, but were not submitted until December 6, 2024. This delay was contrary to the facility's policy, which mandates timely submission of all Minimum Data Sets to CMS via the Internet Quality Improvement and Evaluation System. The issue arose due to an error in the submission process. The Assistant Director of Nursing, responsible for resident assessments, stated that a batch scheduled for submission on November 6, 2024, was accidentally missed. The Information Technology Support person confirmed that they had mistakenly submitted the same file twice, leading to one batch being overlooked. This error was not identified until the surveyor pointed it out during the survey. The Administrator acknowledged the mistake, noting it was the first occurrence of such an issue at the facility.
Plan Of Correction
Plan of Correction: Approved December 19, 2024 1. What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? Resident #10, Resident #76, Resident #83, Resident #326, Resident #345, Resident #355, Resident #420, Resident #490 and Resident #572 were identified as being affected by the alleged gap in practice. The facility did not ensure that residents MDS were submitted to Centers for Medicaid and Medicare Services system within 14 days of completion. Resident #10, Resident #76, Resident #83, Resident #326, Resident #345, Resident #355, Resident #420, Resident #490 and Resident #572 MDS assessments were submitted immediately to Centers for Medicaid and Medicare Services system and accepted. 2. How will you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? The facility respectfully states that all residents have the potential to be affected by the alleged gap in practice. The MDS Coordinators reviewed all resident comprehensive, discharge and significant change assessment for the last 3 months for timely completion and submission. All MDS were completed, submitted and accepted. Responsible Party: MDS Coordinators 3. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not occur? 1. The Policy and Procedure titled MDS 3.0 Submission was reviewed to assure compliance with F640 by the Administrator in conjunction with the Assistant Director of RA, Chief Information Officer and Director of QA/PI and revised accordingly. The changes in policy include “It is the Policy of Kings Harbor Multicare Center to ensure that all MDSs are submitted to CMS via IQIES within 14 days of completion” and “RA Coordinator will ensure receipt of the IQIES validation report from MIS on a daily basis.” Responsible Party: Administrator, Assistant Director of RA, Chief Information Officer, Director of QA/PI 2. Inservice education will be provided by the Inservice Coordinator/designee to all MDS Coordinators and Information Technology support personnel on the policy titled “MDS 3.0 Submission” revised 12/2024. Responsible Party: Inservice Coordinator/Designee 3. An Audit tool will be created to ensure that all batch MDS assessments are submitted within the 14 day requirement. Responsible Party: Director of QA/PI 4. How the corrective action(s) will be monitored to ensure the deficient practice will not recur? 1. All MDS batches will be audited to ensure submission within 14 days of completion, weekly x 4 weeks and then bi-weekly x 5 months. Responsible Party: Assistant Director of RA 2. The results of the MDS submission audit will be analyzed for trends and patterns. Responsible Party: QA/PI Coordinator 3. Results of the MDS submission audit will be presented and discussed at the facility quarterly QA/PI meetings. Responsible Party: QA/PI Coordinator 5. Date for correction and the title of the person responsible for correction of deficiency. Deficiency will be corrected by (MONTH) 7, 2025, 60 days from the survey exit date. Person responsible for correction is the Administrator.
Non-compliance with NFPA 70 Standards for Electrical Systems
Penalty
Summary
During the Life Safety Recertification survey conducted from (MONTH) 4, 2024, through (MONTH) 10, 2024, the facility was found to be non-compliant with NFPA 70 standards regarding the use of extension cords and power strips. Specifically, surveyors observed unmounted power strips in use within the IT Room, Accounting Office, and other administrative areas. Additionally, in the Nursing Office located in 2West, a green extension cord was found under a desk, powering equipment. These observations indicate that the facility did not ensure that electrical systems were used in accordance with the National Electrical Code, as required by NFPA 101:9.1.2 and NFPA 70:400.8. At the time of the survey findings, the Director of Maintenance acknowledged the use of the extension cord, stating it was a temporary measure, and assured that all power strips would be mounted. However, the report does not provide any further details on corrective actions or the impact of these deficiencies on residents or staff. The deficiency highlights a failure to adhere to established electrical safety standards, which are critical for ensuring the safety and functionality of electrical systems within the facility.
Plan Of Correction
Plan of Correction: Approved December 31, 2024 1. What corrective actions will be accomplished for those residents found to have been affected by the deficient practice? a. No residents were identified as affected by the deficient practice. b. To comply with 2012 NFPA 101 and 2011 NFPA 70, the Director of Engineering immediately instructed the Engineering staff to: 1. Mount the unmounted power strip in use in the IT room, Accounting office and other administrative areas. 2. Remove the extension cord in the 2 West Nursing office. 2. How would you identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken? a. The facility respectfully states that all residents have the potential to be affected by deficient practice. b. The Engineering staff performed an inspection throughout the facility to ensure that extension cords in use are appropriate and power strips in use are mounted in accordance with the 2011 National Electric Code. All findings were deemed to be in compliance. 3. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not recur? a. The Director of Engineering, Administrator and QA Director created a policy on use of extension cords and power strips. b. All staff will be informed and educated regarding this new policy, use of extension cords and power strips. c. A copy of the attendance will be maintained for reference and validation. 4. How the corrective actions will be monitored to ensure the deficient practice will not recur, i.e. what quality assurance program will be put into practice: a. The Director of Engineering will develop an audit tool to monitor use of extension cords and power strips. b. Audits will be performed monthly by the Engineering staff x 5 months and then annually thereafter to ensure compliance. c. Any issues identified by the audit will be corrected immediately by the Engineering Department. d. Audit findings will be presented to the QA Committee quarterly for evaluation. 5. Completion Date: (MONTH) 7, 2025 Responsible Person: Director of Engineering
Failure to Protect Resident from Physical Abuse
Penalty
Summary
The facility failed to protect a resident from physical abuse by a staff member, as observed during an abbreviated survey. The incident involved a Certified Nursing Assistant (CNA) who allegedly slapped a resident in the face after the resident, who was known to be combative and cognitively impaired, held onto the CNA's hand tightly. The facility's policy requires that any physical or verbal outburst from residents be reported immediately to a nurse or supervisor, which was not done in this case. The resident involved had a history of dementia, alcohol abuse, and delirium, and was assessed as cognitively impaired, requiring supervision or assistance with mobility and toileting. The care plan for the resident included interventions for managing aggressive behavior, but it was noted that instructions to notify a nurse and seek assistance if the resident became combative were omitted from the resident's care instructions. This omission contributed to the incident, as the CNA did not follow the appropriate protocol when the resident became aggressive. Interviews with staff revealed that the CNA involved in the incident did not report the resident's combative behavior to a nurse, as required by the facility's policy. Another CNA witnessed the incident and reported it later in the day. The facility's investigation concluded that abuse may have occurred, and the CNA was terminated. The incident was reported to law enforcement, but no arrest was made.
Medication Error: Insulin Administered to Wrong Resident
Penalty
Summary
The facility failed to ensure that a resident was free from significant medication errors, as evidenced by an incident involving the administration of insulin to the wrong resident. On the night of the incident, a Registered Nurse (RN) was asked by a Licensed Practical Nurse (LPN) to administer insulin to a specific resident. However, the RN, who was preoccupied and under pressure, did not verify the resident's identity by checking the wristband or the Electronic Medical Administration Record. Instead, the RN administered 24 units of Lantus insulin to a different resident who was not on insulin therapy. The resident who received the incorrect insulin dose had a diagnosis of Type 2 Diabetes Mellitus but was not prescribed insulin. Following the administration, the resident was alert and responsive, with vital signs within normal limits. The resident reported feeling unwell the following day, which could have been related to the insulin dose. The error was discovered when the resident informed the RN that they were not supposed to receive insulin, prompting the RN to notify the LPN, Nursing Supervisor, and Medical Doctor. The facility's policy on insulin administration requires nurses to review medication orders, identify residents, and follow the rights of medication administration. The RN involved in the incident did not adhere to these protocols, leading to the medication error. The RN's employment was subsequently terminated following the incident. The Medical Doctor confirmed that the resident did not sustain any harm from the insulin dose, and the resident was monitored with intravenous dextrose administered as a precaution.
Latest citations in New York
A resident with dementia, severely impaired cognition, and known risk for dehydration had documented 0% meal intake over multiple consecutive meals, with CNAs recording refusals but not documenting fluids and not reporting the poor intake to an LPN or RN as required by facility policy. Nursing staff, including LPNs and RN supervisors, reported they were unaware the resident was not eating and did not assess or notify the MD despite ongoing 0% intake and the absence of a care plan addressing meal refusal or poor appetite. The resident was only assessed by an RN after a marked change in mental status and rapid decline were observed, at which point the MD was finally notified and medical interventions were initiated, resulting in a deficiency for failure to provide care in accordance with professional standards and the facility’s nutrition and hydration policies.
A resident with dementia and type 2 DM, assessed and care planned to require two staff for transfers, was transferred using a mechanical lift by only one CNA, in violation of facility policy requiring two caregivers for such transfers. The CNA, who had been trained on mechanical lift use, reported proceeding alone because they believed no one was available to help and the resident was asking to go to bed near the end of the CNA’s shift. The resident was later found on the floor near the lift with a significant leg laceration, and subsequent review confirmed the lift and sling were functioning properly while other staff reported that two aides had been working on each hallway during that shift.
A resident with Parkinson’s disease, Lewy body dementia, chronic kidney disease, severe cognitive impairment, and functional limitations had a legal representative submit a written authorization requesting copies of the complete medical record. The facility lacked a specific policy directing staff to furnish records upon resident or representative request. The Administrator responded by quoting a copy fee and requiring payment before release, and the records were not mailed until several weeks later, well beyond the required 2 working days. The Finance Officer reported that the former Administrator independently managed this request, did not send the records timely, and that staff were unaware of the 2‑day requirement, believing they had a 30‑day timeframe.
The facility failed to maintain adequate nurse and CNA staffing to meet resident needs as defined in its own facility assessment, with multiple shifts where minimum nurse coverage was not met and frequent reliance on minimal CNA staffing across units. On several overnight and day shifts, too few nurses were present to cover all units, and one nurse sometimes had to function as both supervisor and direct care nurse. CNA staffing was at or below minimal levels on most days reviewed, leading to delays in getting residents out of bed, late meal service, and missed or postponed showers. Residents reported not having enough staff available at night and difficulty getting up in the morning, while CNAs and LPNs described high acuity, incomplete or delayed cares, and inconsistent documentation due to short staffing. Facility leadership acknowledged ongoing staffing challenges, open positions, and that existing minimum staffing numbers were not adequate or safe to ensure timely completion of resident care tasks.
The facility failed to maintain safe, clean, and homelike conditions in multiple rooms on three units. One room had stained floors, a water puddle near a radiator, peeling molding, missing closet doors, bathroom stains, missing tiles, and debris in a light fixture, with no related entries in the maintenance log. Another room had a hospital bed plugged into an electrical outlet with no cover plate and exposed wires near the bed. Additional rooms had unpacked boxes, missing closet doors, broken or missing curtains and privacy drapes, and broken dresser drawers, while a resident reported long-standing broken drapes and unassembled storage they had purchased. Maintenance staff reported they relied on work orders, did not routinely enter individual rooms during rounds, and lacked needed closet doors, contributing to these unresolved environmental issues.
Surveyors found that the facility failed to ensure necessary ADL and personal hygiene care for several dependent residents. One resident with severe cognitive impairment and incontinence had no documented showers for an entire month and multiple days without recorded dressing, hygiene, toileting, or transfer assistance despite care plan requirements. Another resident with multiple sclerosis and neurogenic bladder, fully dependent for showers, had numerous missed or undocumented scheduled baths over two months and reported that showers rarely occurred and that their hair was dirty. A third resident with cognitive and psychiatric conditions, care-planned for daily support with personal hygiene, was repeatedly observed with facial stubble despite requesting shaving, and had extensive omissions in bathing and personal hygiene documentation. Staff across roles acknowledged frequent failures in CNA documentation of ADLs, citing short staffing, high acuity, and login issues, resulting in an inability to confirm whether required hygiene care was consistently provided.
Two residents did not receive adequate supervision and assistance to prevent accidents. One resident with severe cognitive and physical impairments, care planned for two-person assist with bed mobility, was provided incontinence care by a single CNA who did not review or follow the care guide, leading to a fall from bed onto a floor mat despite another nurse being available nearby. Another cognitively impaired, fall‑risk resident experienced an unwitnessed fall with a scalp laceration and back abrasion; the Accident/Incident Report was left incomplete, lacking documentation of injuries, safety measures, new interventions, notifications, and nurse signature, and staff statements omitted last‑seen times. Although a neuro check policy required extended, scheduled monitoring after unwitnessed falls or potential head injury, neuro checks and vital signs for this resident were only documented for a few hours, with no further monitoring notes for several days.
Surveyors found that the facility failed to ensure meals were palatable and maintained at safe, appetizing temperatures, and did not consistently provide appropriate condiments. Policy required hot foods to be held at or above 140°F and cold foods at or below 46°F, yet a lunch tray on one unit was served with entrée items between 95.5°F and 107.6°F and milk at 63°F. The Food Service Director and RD acknowledged that food left the kitchen hot but cooled during delayed delivery due to only one working elevator, a non-functioning plate warmer, and lack of heating pellets. A resident reported that food was usually cold and disliked. On another unit, hotdogs and french fries were served without ketchup or mustard; staff stated the facility had run out after discovering a box of ketchup packets was moldy and mustard was out of stock, and residents were instead offered mayonnaise or barbeque sauce. A resident described the food as sometimes bad, and a family member observed a sandwich with a bun that was stale and hard.
A cognitively intact resident with cerebral ischemia, anxiety, and depression was moved to a different room after continuing to receive informal assistance with ADLs from a cognitively intact roommate with anemia, anxiety, and depression, despite prior counseling to stop this practice. The facility’s own policies require at least 30 days’ written notice, inclusion of the reason and new room assignment, and consultation with the resident and representative, as well as honoring the right to share a room with a chosen roommate when practicable. In this case, the resident was only verbally informed of the move, was not given written notice or an opportunity to refuse, and the representative was not notified in advance, while leadership staff later reported they were unaware of the move and that such changes are generally discussed and not carried out if a resident objects.
Two residents experienced significant changes in condition and treatment without required notifications. For one resident with multiple fractures and hypertension, a provider ordered 0.9% sodium chloride via clysis for hydration, which was initiated and then refused by the resident; documentation showed the provider was informed of the refusal, but there was no evidence that the resident’s family representative was notified of either the start of IV fluids or the refusal. For another resident with severe pain rated 10/10, the physician adjusted pain medications, but was not notified when the revised pain regimen was ineffective, contrary to facility policies requiring timely notification of representatives and practitioners for significant changes.
Failure to Assess and Respond to Prolonged Poor Oral Intake
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident received treatment and care in accordance with professional standards of practice and facility policy regarding nutrition and hydration monitoring and response. The resident had dementia with declining mental and functional status, pulmonary venous congestion, severely impaired cognition, and required partial/moderate assistance with eating. A dietary care plan identified the resident as at risk for dehydration due to dementia and varied oral intake, with interventions to observe for signs and symptoms of dehydration and explore reasons for decreased intake. Physician orders placed the resident on a no added salt mechanical soft diet with thin liquids, later downgraded to puree solids per speech therapy. Certified Nursing Assistant (CNA) documentation showed that the resident had no documented oral intake from the morning of 03/14/2026 through early afternoon on 03/16/2026, totaling eight missed meals. CNAs reported that the resident had a history of poor appetite, combative behavior during care, and variable intake ranging from 25% to 75% of meals. For the relevant period, CNAs stated they documented 0% food consumption because the resident refused to eat, and they acknowledged offering fluids or juice but did not document fluid intake. They also stated they did not report the resident’s refusal to eat to the LPN, despite facility policy requiring staff to report poor intake and meal consumption of less than 50% to the nurse immediately. Nursing staff, including LPNs and RN supervisors, reported that they did not receive information from CNAs that the resident was not eating or drinking during the days in question. LPNs stated they would have encouraged intake and notified supervisors if they had known the resident was not eating, and they reported that they did not observe the resident as weak or less responsive during their shifts. The RN supervisors stated they did not receive reports of poor appetite or meal refusal and indicated that CNAs were expected to notify the unit nurse when a resident refused or did not eat. There was no care plan addressing the resident’s refusal of meals or poor appetite, and there was no documentation that a nurse assessed the resident for poor intake or that the physician was notified until 03/16/2026 at 3:44 PM, when the RN Supervisor assessed the resident with a change in mental status, rapid decline, weakness, lethargy, and minimal responsiveness, and noted that the resident had not been eating and was spitting up brown secretions. Only at that time was the physician contacted and medical interventions initiated. The facility’s own policy on Meal Consumption required CNAs to document intake percentages for each meal, record refusals and behaviors, and promptly report poor intake, and required nurses to review intake documentation daily, assess residents with poor intake, document interventions and outcomes, and notify the medical provider as indicated. The policy also required physician notification when intake was consistently less than 50% or when significant decline in intake was observed. Despite this, the resident’s extended period of no documented oral intake and repeated 0% meal consumption entries were not acted upon by nursing staff, and the physician was not notified until after a significant change in condition was observed. This sequence of inaction and lack of assessment and notification in the face of documented poor intake led to the cited deficiency under 10 NYCRR 415.12.
Single-Staff Mechanical Lift Transfer Leads to Resident Fall and Laceration
Penalty
Summary
The deficiency involves the facility’s failure to maintain a safe environment and provide adequate supervision during a mechanical lift transfer, resulting in a resident fall and injury. Facility policy for "Resident Transfer Using a Total Mechanical Lift" required that two or more caregivers be present and assisting at all times, with at least two caregivers having hands-on contact with the resident and the lift. The resident involved had dementia and type 2 diabetes mellitus, was cognitively impaired, and was assessed on the Minimum Data Set as needing assistance of two staff members for transfers. The resident’s care plan also documented dependence on two staff for transfers using a gait belt. On the date of the incident, the resident was transferred via mechanical lift by a single CNA, contrary to policy and the resident’s assessed needs. The CNA reported they could not find another staff member to assist, knew they should not perform the transfer alone, but proceeded because the resident repeatedly requested to go to bed and it was the end of the CNA’s shift. The resident was later found on their left side near the mechanical lift with a six-inch laceration on the left leg and was sent to the emergency room. Subsequent examination of the sling and lift by nursing leadership found the equipment to be in good working order. Staff interviews confirmed that two staff members were expected for mechanical lift transfers and that other aides had been available on the unit at the time of the incident.
Failure to Provide Timely Access to Resident Medical Records Upon Request
Penalty
Summary
The deficiency involves the facility’s failure to provide a resident’s legal representative with copies of the resident’s medical records within 2 working days of a written request, as required. The resident, who had Parkinson’s disease, Lewy body dementia, chronic kidney disease, severe cognitive impairment, required supervision for eating, moderate assistance for bathing, walked 10 feet with supervision, and was frequently incontinent of bladder and bowel, was admitted on an unspecified date. On 3/10/25, the resident’s representative completed and signed an Authorization for Release of Health Information form requesting the resident’s records from 2/14/25 to the present. The facility did not have a written policy or procedure directing staff to furnish records upon request from residents or their representatives, although a general Resident Medical Record policy dated 5/2025 stated that records would be maintained in accordance with federal and state regulations. Following the request, the Administrator sent a letter dated 4/11/25 to the resident’s representative stating that the cost of the copies would be $315.00, that payment was required before release, and that the check should be payable to the facility. The records were not mailed until 4/22/25, after the facility received payment, resulting in a delay far beyond the required 2 working days. During an interview, the Finance Officer stated they were responsible for reviewing record requests and obtaining fees before releasing records, and that in this case the former Administrator handled the request, did not date the records, and did not send them timely. The Finance Officer also stated they were not aware of the 2-day deadline and believed there was a 30-day window for providing records.
Failure to Maintain Adequate Nurse and CNA Staffing to Meet Resident Needs
Penalty
Summary
The deficiency involves the facility’s failure to provide sufficient nursing and CNA staffing to meet residents’ needs as outlined in the facility assessment and care plans. The facility assessment dated 11/12/2025 set minimum staffing expectations for three units, specifying ranges of direct care nurses and CNAs for day, evening, and night shifts. Review of staffing records from 03/20/2026 through 04/20/2026 showed that on multiple dates (03/24, 04/01, 04/05, 04/07, and 04/13/2026) the facility did not meet its own minimum nurse staffing numbers for at least one shift, including overnight shifts where only two nurses covered three units and one of those also functioned as supervisor. On 04/13/2026, day shift staffing showed only two direct care nurses for three units, with one nurse covering two units. CNA staffing was also at or below the facility’s minimal numbers on at least one unit and one shift on 28 of the 30 days reviewed, including overnight shifts with as few as three CNAs for the entire facility. Residents and staff reported that this staffing pattern affected the timeliness and completeness of care. One resident stated there were not enough staff to get people up in the morning and that food arrived cold because tray delivery took too long. Another resident, observed in bed in a hospital gown in the early afternoon, reported that staffing was poor, that no one was around at night, and that there were days when they could not get out of bed. During a morning observation on Unit 200, at a time when breakfast was scheduled for 8:00 AM, the breakfast cart was still on the unit at 9:15 AM, most residents were eating in their rooms, and 28 of 39 residents remained in bed or in hospital gowns, despite four CNAs being scheduled. Multiple CNAs and nurses described difficulty completing required cares and documentation due to short staffing and high acuity. CNAs reported that working with only three CNAs on a unit was challenging and that when only two CNAs were present, showers might not be completed as scheduled and would have to be made up on better-staffed days. One CNA stated they did not always document all resident cares each shift because of lack of time and short staffing, and that some cares were performed late in the shift or left for the next shift. An LPN acknowledged awareness that CNA documentation was frequently incomplete and that short staffing delayed cares, particularly on a high-acuity unit. Another LPN reported that there were two CNAs overnight on one occasion and sometimes only one, describing those nights as very challenging. Facility leadership, including the HR/Staffing Manager, Administrator, and DON, confirmed that staffing was a challenge, that there were open nurse and CNA positions, that minimum staffing levels were sometimes not met, and that the DON did not believe the current minimum staffing numbers were adequate or safe to ensure completion of resident cares such as showers.
Failure to Maintain Safe, Clean, and Homelike Resident Rooms Across Three Units
Penalty
Summary
The deficiency involves the facility’s failure to maintain a safe, clean, comfortable, and homelike environment across three units, as required by its Resident Rights policy and 10NYCRR 415.15(h)(1). On Unit 2, one room had multiple unresolved environmental issues, including floor stains on both sides of the bed, a puddle of water near the radiator, a large spackle stain above the bed, spackle residue above the sink, peeling molding under the window, and a missing closet door. In the bathroom of the same room, there were brown stains on the toilet, three missing wall tiles, brown stains on the ceiling, and insect or debris accumulation inside the light fixture. Review of the Unit 2 maintenance logbook showed no documentation of needed repairs for this room, despite these conditions being present. On Unit 1, another room had a hospital bed electrical power cord plugged into an electrical outlet that lacked a cover plate, leaving exposed wires in close proximity to the resident’s bed. The Maintenance Supervisor acknowledged that the outlet cover was missing and that someone had likely changed the outlet and failed to replace the cover plate, and also acknowledged awareness that having exposed wires so close to the bed was not good. These observations showed that the facility did not ensure that electrical fixtures in resident rooms were maintained in a safe condition. On Unit 3, several rooms had environmental deficiencies related to privacy and furniture condition. One room contained unpacked cardboard boxes piled along the wall by the closet, had no closet doors so that all items in the closet were exposed, and had drapes that were not fully affixed to the track; the resident in that room stated they had many boxes and belongings they wanted to put away, had purchased a shelf that had not yet been assembled, and that the drapes had been broken since their arrival. Additional rooms on Unit 3 were observed with no curtains or blinds, curtains falling with rods loose and hems coming out, a broken privacy curtain with missing clips, window curtains falling apart, and broken dresser drawers. Maintenance leadership reported that they rounded on units daily but did not routinely go into individual rooms, relied on work orders for specific repairs, and that closet doors for at least one room were not available and would need to be ordered, indicating that these room-specific issues had not been identified or addressed through the existing process.
Failure to Provide and Document Required ADL and Hygiene Care for Multiple Residents
Penalty
Summary
The deficiency involves the facility’s failure to ensure that residents who were unable to carry out activities of daily living (ADLs) received necessary services to maintain personal hygiene, as required by facility policy. For one resident with severe cognitive impairment, diabetes mellitus, Wernicke’s encephalopathy, and bowel and bladder incontinence, certified nurse aide (CNA) documentation showed that the resident did not receive a shower during an entire month and had no recorded assistance with dressing, personal hygiene, toileting, CNA care, or skin checks for many days, as well as missing transfer documentation on multiple days. The resident’s care plans required monitoring of skin during toileting and diaper changes every two to four hours, but the CNA record did not reflect consistent provision or documentation of these cares. Another resident with multiple sclerosis, neurogenic bladder, and anxiety, who was cognitively intact and dependent on staff for showers, had multiple omissions in the CNA accountability records for scheduled bathing across two consecutive months. The resident reported that showers rarely occurred as scheduled and that they often received bed baths instead, while expressing a desire to receive showers as planned. On one observation, the resident arrived for a group activity stating they had not received their shower and complained of dirty hair, which appeared greasy. Staff interviews confirmed that showers were scheduled once or twice weekly and that documentation showed numerous unsigned bathing entries for this resident on scheduled shower days. A third resident with metabolic encephalopathy, unspecified psychosis, and respiratory failure had a care plan documenting self-care deficits in personal hygiene related to cognitive status and medical condition, requiring daily staff support and supervision for personal hygiene and bathing. This resident was observed on two separate occasions with visible scruffy stubble on the face and stated a desire to be shaved. The CNA accountability record for this resident showed omissions for bathing over most of the month and omissions for personal hygiene on numerous days. Staff reported that shaving was typically offered on assigned shower days and that shaving would be documented under personal hygiene, but the record reflected extensive lack of documentation for both bathing and personal hygiene tasks. Across these cases, multiple staff, including CNAs, LPNs, a registered nurse supervisor, and the director of nursing, acknowledged ongoing problems with CNA documentation of ADL care in the electronic medical record. CNAs reported not always documenting all resident care each shift due to lack of time, short staffing, high acuity, and login/password issues, and stated that some cares were performed late or left for the next shift. Nursing staff and leadership stated they were aware that CNA tasks were frequently not documented, that when tasks were not documented it could not be determined if they were completed, and that this issue had been a known problem within the facility. These observations and records demonstrated that residents dependent on staff for ADLs did not consistently receive or have documented showers, personal hygiene, toileting, and related care as required by facility policy and resident care plans. The facility’s written policies required that residents be maintained at the highest practicable level of well-being and receive hygienic care at routine intervals and as needed, and that CNAs document ADL performance each shift in the electronic medical record, including bathing/showers, personal hygiene, toileting, dressing, transfers, skin condition, and safety interventions. The policies also assigned oversight of CNA documentation to nursing leadership. Despite these policies, the survey findings showed repeated omissions in ADL care documentation for multiple residents, resident reports of missed showers and desired shaving not being provided as requested, and staff acknowledgment that short staffing and other barriers interfered with both the provision and documentation of required ADL and hygiene care.
Failure to Follow Care Plans and Post-Fall Protocols Resulting in Inadequate Supervision and Monitoring
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and assistance to prevent accidents for two residents with significant cognitive and physical impairments. One resident with diabetes mellitus, cerebrovascular accident, adult failure to thrive, severe cognitive impairment, and physical limitations on one side required total assistance for bed mobility and was care planned for two-person assistance with bed mobility and transfers. The resident’s CNA care guide and care plans documented a need for two staff for bed mobility and total dependence for toileting hygiene. Despite these documented requirements, a CNA provided incontinence care alone, without obtaining a second staff member, and the resident slipped off the bed while on their side and fell onto a floor mat. The CNA did not check the care guide or follow the care plan, even though another nurse was immediately available outside the room who could have assisted. The second resident had diagnoses including diabetes mellitus, Wernicke’s encephalopathy, and cognitive communication deficit, with a quarterly MDS documenting severe cognitive impairment, fall risk, and a need for supervision/touch assistance for chair-to-bed transfers. This resident sustained an unwitnessed fall in their room and was found on the floor beside the bed, unable to describe the event due to poor cognition. The Accident/Incident Report for this fall was incomplete: it did not document the injuries sustained, did not record whether safety or preventive measures were in place, did not list new interventions to minimize recurrence, did not document notification of the resident representative or physician/NP, and lacked a nurse’s signature. Staff statements did not include the time the resident was last seen or when care was last provided, and there were no additional statements beyond those of three CNAs. Facility policies required thorough investigation and documentation of all accidents/incidents, including evaluation for injury, physician notification, and forwarding of the Accident/Incident Report to the Medical Director and Administrator for review and signatures. A separate neurological check policy required immediate and ongoing neuro checks after any unwitnessed fall or potential head injury, with a specific schedule and minimum monitoring duration. For the second resident, neuro checks and vital signs were documented only from late afternoon through mid-evening on the day of the fall, with no documentation after that time despite the policy’s extended monitoring requirements. The resident’s blood pressure was not recorded after the early part of the monitoring period, and there were no nursing notes or evidence of continued monitoring for several days following the fall, despite the resident having a scalp laceration, abrasion, and complaint of head pain at the time of the incident.
Failure to Maintain Food Palatability, Temperature, and Condiment Availability
Penalty
Summary
The deficiency involves the facility’s failure to provide residents with food and drink that were palatable and maintained at safe, appetizing temperatures, as required by facility policy. The facility’s dietary policy specified that hot foods should be held at or above 140°F and cold foods at or below 46°F. During a lunch observation on Unit 1, surveyors measured the temperature of the last tray served and found the chicken parmesan at 107.6°F, pasta at 95.5°F, green beans at 105°F, and milk at 63°F, all outside the facility’s stated standards. The Food Service Director acknowledged that food was hot in the kitchen but cooled during delayed delivery to the units due to having only one working elevator, a non-functioning plate warmer, and the absence of heating pellets under plates. A resident reported that most of the food served was always cold and that they did not like it but felt they had to eat it. The deficiency also includes failure to provide appropriate condiments for a meal, affecting the palatability of the food. During a lunch meal on Unit 3, residents were served hotdogs and french fries without ketchup or mustard, and multiple residents requested these condiments. Staff reported the facility was out of ketchup and mustard, offering mayonnaise or barbeque sauce instead. The Food Service Director stated that a box of ketchup packets had been opened before tray line and found to be moldy, with no additional ketchup available, and that mustard packets were out of stock when an order was placed. The Director also stated they had to follow a budget and did not maintain an extra supply of condiments. A resident stated the food was sometimes bad, and a family member reported seeing a sandwich by a resident’s bed with a bun that was stale and rock hard. The Registered Dietitian noted that while food quality was generally good, they knew the food was cold due to slow delivery, and the Administrator stated the facility had no problem obtaining needed food items.
Failure to Provide Required Notice and Consultation Before Resident Room Change
Penalty
Summary
The deficiency involves the facility’s failure to honor a resident’s right to receive written notice and be consulted before a room change, as required by facility policy and resident rights regulations. The facility’s Room Changes policy states that residents must receive at least 30 days’ notice before any planned room change, except in emergencies, and that the notice must include the reason for the change and the new room assignment. The policy also requires consultation with the resident and their representative, and affirms the resident’s right to refuse a room change made for staff convenience or that moves them outside a distinct part of the nursing home. The Resident Rights policy further states that residents have the right to share a room with a roommate of choice when practicable, if both live in the same facility and agree. Resident #43, who was cognitively intact per the MDS and had diagnoses including cerebral ischemia, anxiety, and depression, had been rooming with Resident #129, who was also cognitively intact and had diagnoses including anemia, anxiety, and depression. A social worker note documented that on 07/24/2025, Resident #43 was counseled about maintaining appropriate boundaries and reminded that their roommate should not provide or assist with any aspects of care, including physical assistance or hygiene tasks, and Resident #43 agreed to refrain from asking or accepting such help. Despite this, a subsequent social worker note on 08/07/2025 documented that a room change occurred that day due to safety concerns related to Resident #43’s non-compliance with seeking physical assistance from their roommate. Interviews and documentation showed that the room change was carried out without written notice to Resident #43 or their representative, and without offering the opportunity to disagree or decline the move. Resident #43 reported being verbally informed of the room change because the roommate was helping with activities such as putting on shoes and retrieving items from the closet, and was observed to be tearful about being separated. Resident #129 stated they were helping with tasks like getting items from the closet but were never asked about the move and that the residents were “just separated.” Resident Representative #1 stated they were never informed of the room change by facility staff and only learned of it when the resident called them in distress. RN #6 confirmed the residents were separated after both had been educated not to assist with care and stated that the social worker notified families, but could not specify when, while the Director of Social Work and DON both reported they were unaware of the move and indicated that, in general, moves are discussed in meetings and not done if a resident objects. No written notice or documented consultation consistent with policy was evident prior to the room change.
Failure to Notify Representative and Physician of Significant Changes in Condition and Treatment
Penalty
Summary
The deficiency involves the facility’s failure to follow its own policies requiring timely notification of residents’ representatives and practitioners when there is a significant change in condition or treatment. The facility’s “Notification of Families” policy directs nursing staff and supervisors to inform residents’ primary contacts or legal representatives of significant changes in physical status, significant alterations in treatment, and decisions related to transfers or other major events. The “Change of Condition” policy requires staff to monitor residents for changes, assess them, and notify the practitioner with details of the change, assessment findings, interventions attempted, and the resident’s response. Surveyors found that these notification requirements were not followed for two residents when significant changes in condition and treatment occurred. For one resident with fractures of the left fibula and tibia and essential primary hypertension, the provider ordered 0.9% sodium chloride solution at 50 mL/hour via clysis for hydration. Nursing documentation showed that the clysis was started and that the resident later refused the treatment, with the provider being notified of the refusal. However, there was no documented evidence that the resident’s family representative was notified either of the initiation of intravenous fluids/clysis or of the resident’s refusal of this treatment. For another resident who was assessed with pain at a level of 10/10, the physician ordered adjustments to the pain medication regimen, but the physician was not notified when the adjusted pain medication was ineffective. These omissions in notification to the resident’s representative and to the physician occurred despite the facility’s written policies requiring such communication when significant changes in condition or treatment occur.
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