Inspection Findings:
b. Resident 1 was admitted to the facility in 1/2021 with diagnoses including cerebral palsy (impaired muscle coordination).
Resident 1's 8/7/23 Quarterly MDS indicated she/he was not able to answer the cognitive questions to assess cognition.
An 8/29/23 Progress Note revealed Resident 1 experienced a fall on 8/29/23. Resident 1 was found with her/his face on the floor, lying on her/his left hand, with feet still up on the bed. The resident was lifted back into her/his bed. The RN obtained vitals and made an assessment. The assessment revealed Resident 1's left hand was discolored and light purple in color up to her/his wrist and left temple area was red and slightly swollen. Neurological assessments (evaluation of the nervous system) were initiated.
Record review of Resident 1's health record revealed no evidence of an 8/29/23 post fall assessment other than the progress note immediately following the fall. No evidence of neurological assessments, alert charting to follow injuries, evaluation/investigation for the cause of the fall or Care Plan revisions to prevent possible future occurrences were found in the health record for the 8/29/23 fall.
On 9/8/23 at 11:14 AM Staff 2 (DNS) confirmed there was no record of Resident 1's 8/29/23 post fall assessments, Care Plan revision, alert charting or neurological assessments completed for the fall. Staff 2 acknowledged no investigation for the cause of the fall was completed and she expected these to be completed after a fall. No further information was provided.
, 1. Based on observation, interview and record review it was determined the facility failed to ensure a safe environment related to smoking for 4 of 4 sampled residents (#s 6, 16, 17 and 36) reviewed for smoking. This deficient practice was determined to be an immediate jeopardy (IJ) situation and placed all residents at risk for serious harm, serious injury or death and constituted substandard quality of care. Findings include:
The facility's undated Non-Smoking Policy & Procedure, provided to the survey team on 9/5/23, specified the following:
POLICY:
- [The] Center does not permit smoking within the Center or on its campus. Smoke, smoking and smoking materials refer to the use of cigarettes, cigars, pipes, tobacco, inhaled tobacco substitutes, matches and lighters.
PROCEDURE:
- Screen all residents who smoke upon admission, quarterly and with a significant change of condition to determine ability to smoke independently;
- Store resident's smoking materials in a secure area at the nurses' station or in a locked box in their room for all residents who desire to smoke off campus.
The facility's undated Non-Smoking Agreement specified the facility was a non-smoking facility, "a few residents were here prior to becoming non-smoking and the facility was required to let them smoke." The Non-Smoking Agreement included the following requirements [for] which the resident's signature of acknowledgement was required:
1) Not smoke on the campus at any time;
2) Will not be in possession of smoking products.
3) Any violation of this agreement will result in discharge and the decision will be final.
Resident 16 was admitted to the facility in 10/2022 with diagnoses including quadriplegia.
Resident 16's 10/19/22 Admission MDS indicated the resident was cognitively intact and used tobacco.
Resident 16's 5/16/23 Care Plan revealed the resident was at risk for injury when smoking related to her/his diagnoses which included quadriplegia.
Resident 16's 5/17/23 Non-Smoking Agreement revealed the resident refused to sign the document.
Resident 16's 6/5/23 and 9/6/23 Smoking Evaluations indicated the resident smoked independently.
An 8/28/23 Progress Note written by Staff 24 (RN) indicated she called non-emergency police due to a "very strong, chemical smoky haze inside [Resident 16's] room which traveled down Hallway A."
Resident 6 was admitted to the facility in 3/2020 with diagnoses including atrial fibrillation (irregular heart rhythm).
Resident 6's health record revealed a signed 3/3/20 Smoking Agreement.
Resident 6's 5/14/23 Quarterly MDS indicated the resident was cognitively intact and used tobacco.
Resident 17 was admitted to the facility in 4/2021 with diagnoses including congestive heart failure.
Resident 17's health record revealed a signed 1/19/23 Non-Smoking Agreement.
Resident 17's 1/26/23 Annual MDS indicated the resident was cognitively intact and used tobacco.
Resident 36 was admitted to the facility in 9/2022 with diagnoses including heart failure.
Resident 36's health record revealed a signed 9/19/22 Smoking Agreement.
Resident 36's 9/19/22 Admission MDS indicated the resident was cognitively intact and used tobacco.
A 6/14/23 Progress Note written by Staff 11 (LPN) revealed Resident 36 was caught smoking in her/his bathroom on 6/11/23.
On 9/5/23 at 10:44 AM Resident 6 was observed with cigarette butts, electronic cigarettes and rolled cigarettes in her/his sweatshirt pocket. Resident 6 stated she/he preferred to keep smoking materials with him/her and in her/his room.
On 9/5/23 at 1:25 PM Resident 36 was observed with a pack of cigarettes and a lighter on her/his bedside table. Resident 36 stated she/he kept smoking materials in her/his room at all times.
On 9/6/23 at 9:41 AM Resident 17 stated she/he smoked independently and maintained her/his own smoking materials. Resident 17 stated she/he kept her/his cigarettes and lighter in her/his backpack which hung on the back of her/his wheelchair as well as additional cigarettes in an unlocked drawer of her/his dresser. During the interview, Resident 17 opened her/his dresser drawer which revealed two packages of cigarettes.
On 9/6/23 at 10:10 AM Resident 16 stated she/he smoked in the facility in her/his room "often because it was [her/his] home and she/he could smoke in [her/his] home anytime [she/he] wanted." Resident 16 stated she/he did not have a lock box in her/his room for smoking materials and stated she/he kept smoking materials in a bag near her/his person. Observations of the contents of Resident 16's bag included a tobacco pipe, cigarette butts and a lighter. A flower pot which contained five lighters was observed on Resident 16's window sill.
On 9/6/23 at 11:13 AM Staff 1 (Executive Director) stated the facility had difficulty with Resident 16 and her/his willingness to comply with the facility's Smoking Policy for approximately eight months. Staff 1 stated he had many conversations with Resident 16 about the Smoking Policy but the resident did what she/he wanted to do. Staff 1 stated he received reports of Resident 16, as well as others, smoking in their rooms but staff did not intervene at these times because staff only smelled the smoke and did not actually see residents smoking. Staff 1 stated he was aware Resident 16 as well as other residents maintained their own smoking materials on their person or in other unlocked areas and confirmed the smoking materials should be locked either at the nurses' station or in the residents' rooms when not in use. Staff 1 further stated the facility was in the process of reviewing the entire Smoking Policy as the facility was supposed to be a non-smoking campus.
On 9/6/23 at 4:36 PM Witness 1 (Complainant) stated Resident 16 smoked in her/his room frequently and the smoke traveled through the halls and vents of the facility. Witness 1 stated she called 911 one night recently because the smell was so bad and she feared the smoke affected other residents with respiratory illnesses. Witness 1 stated she brought her concerns to management who responded by saying "their hands were tied" and "residents were allowed to smoke in their own home." Witness 1 stated when residents had smoking materials such as cigarettes and lighters in plain view, management directed staff "there was nothing they could do and to call the police." Witness 1 stated Resident 36 also smoked in her/his room and it smelled bad in the hallway near her/his room.
Interviews from 9/5/23 through 9/6/23 between the hours of 10:07 AM and 3:18 PM with Staff 11 (LPN), Staff 13 (Medical Records), Staff 14 (RN), Staff 15 (Housekeeping), Staff 17 (CNA), Staff 18 (CNA), Staff 19 (CNA), Staff 35 (CNA) and Staff 36 (CNA) revealed Resident 16 smoked in her/his room and bathroom frequently, the smell of smoke was strong throughout the facility, there were smoking materials visible in her/his room and cigarette butts were found in the resident's plastic-lined trash can. Staff stated Resident 36 smoked and kept smoking materials in her/his room. Staff stated there was no system in place to secure smoking materials and no training was provided regarding the facility's Smoking Policy. Staff stated they reported their concerns to management many times, who stated it was the residents' right to smoke and directed staff not to remove smoking materials from residents' rooms. Staff stated they witnessed residents smoking directly outside the facility's front door and not off campus.
On 9/6/23 at 2:29 PM Staff 1, Staff 2 (DNS) and Staff 20 (Regional Nurse) were informed of the IJ situation related to the facility's failure to ensure a safe environment regarding smoking. The IJ template was provided and an IJ removal plan was requested.
On 9/6/23 at 5:45 PM the facility submitted an IJ removal plan which was approved by the survey team.
The IJ removal plan indicated the facility would implement the following actions:
- Staff education regarding the facility's Smoking Policy;
- Residents identified as smokers would be assessed and care planned for safe smoking practices and educated on the facility Smoking Policy;
- Smoking materials secured at the nursing station or in a lockbox in the resident room on a case-by-case basis;
- Residents who violate the Smoking Policy will be issued a 30-day notice of discharge for the health and safety of themselves and others;
- Establish a designated smoking area with a fire extinguisher, cigarette receptacle, fire blanket and smoking aprons;
- Staff will observe the smoking area approximately every two hours to ensure safe smoking practices;
- Residents who display any signs of unsafe smoking will be reported to Staff 1 and 2;
- "Oxygen in use" signs shall be used to identify rooms where residents use supplemental oxygen; they should not have roommates that smoke.
On 9/7/23 at 11:06 AM Resident 16 stated she/he was provided a lockbox to secure smoking materials in her/his room.
On 9/7/23 at 11:46 AM Staff 21 (Assistant DNS) provided documentation which indicated all staff were educated on the Smoking Policy and procedures.
On 9/7/23 from 11:06 AM through 12:34 PM interviews were conducted with Resident 16, Staff 13, Staff 14, Staff 15, Staff 16 (CNA), Staff 17, Staff 18, Staff 19, Staff 21 and Staff 36. Staff and Resident 16 confirmed they received education regarding the facility's Smoking Policy and procedures related to the designated smoking area and securing smoking materials.
On 9/7/23 at 1:04 PM the designated smoking area was observed with a fire extinguisher and an appropriate cigarette receptacle.
On 9/7/23 at 1:14 PM the survey team and Staff 1 verified all elements of the IJ removal plan were completed.
, b. Resident 31 was admitted to the facility in 3/2023 with diagnoses including chronic obstructive pulmonary disease.
Resident 31's signed 3/7/23 Non-Smoking Agreement indicated the resident would not be in possession of smoking products while at the facility.
Resident 31's 3/13/23 Smoking Evaluation revealed the resident was assessed as safe to smoke independently.
Resident 31 discharged from the facility on 8/8/2023 and was readmitted on 8/11/23.
Resident 31's 9/2023 Physician Orders directed the resident to receive oxygen at three liters via nasal cannula (tube) continuously.
No evidence was found in Resident 31's health record that a Smoking Assessment was completed after the resident's readmission to the facility in 8/2023 or a Care Plan was developed related to the resident's smoking abilities and needs.
On 9/5/23 at 3:06 PM Resident 31 was observed in bed and used a concentrator (a medical device used to administer oxygen). Resident 31 stated she/he kept her/his cigarettes and lighter in an unlocked drawer in her/his room.
On 9/6/23 at 10:07 AM Staff 18 (CNA) stated she found information related to a resident's smoking needs and abilities in the Care Plan. Staff 18 stated smoking materials were supposed to be kept in a lock box at the nurse's station but residents refused to do adhere to this policy so they maintained their own materials. Staff 18 stated Resident 31 smoked independently and she was unsure of where the resident's smoking materials were kept. Staff 18 stated Resident 31 was supposed to leave her/his oxygen at the nurse's station before going outside to smoke.
On 9/6/23 at 10:17 AM Staff 19 (CNA) stated Resident 31 maintained her/his own smoking supplies in her/his room and was encouraged to remove her/his oxygen before going outside to smoke.
On 9/6/23/at 11:13 AM Staff 1 (Executive Director) acknowledged the findings and confirmed the facility's policy was for resident smoking materials to be secured when not in use.
On 9/8/23 at 11:21 AM Staff 2 (DNS) acknowledged the findings and stated smoking assessments should be completed at least annually and upon readmission, and she expected Resident 31 to have a Care Plan for smoking in place.
c. Resident 17 was readmitted to the facility in 4/2021 with diagnoses including congestive heart failure.
Resident 17's 4/23/21 Smoking Assessment revealed the resident was able to smoke independently without special equipment.
Resident 17 discharged from the facility on 7/16/21 and was readmitted on 7/22/21.
Resident 17's 1/19/23 Non-Smoking Agreement, signed by Resident 17, indicated the resident would not be in possession of smoking products while at the facility.
Resident 17's 1/26/23 Annual MDS revealed the resident used tobacco.
Resident 17's 6/8/23 Smoking Care Plan revealed the following:
- Complete smoking data collection and assessment.
- Store smoking materials under lock and key in her/his room.
Resident 17's 7/29/23 Quarterly MDS revealed the resident was cognitively intact and was independent with locomotion on-and-off the unit.
No evidence was found in Resident 17's clinical record that a Smoking Assessment was completed after 4/23/21, including after her/his readmission to the facility in 7/2021.
On 9/6/23 at 9:41 AM Resident 17 stated she/he smoked independently and maintained her/his own smoking materials. Resident 17 stated she/he kept her/his cigarettes and lighter in her/his backpack which hung on the back of her/his wheelchair as well as additional cigarettes in an unlocked drawer of her/his dresser. At this time, Resident 17 opened her/his dresser drawer and revealed two packages of cigarettes.
On 9/6/23 at 10:17 AM Staff 19 (CNA) and at 10:31 AM Staff 11 (LPN) stated Resident 17 smoked independently and maintained her/his own smoking materials. Staff 19 and Staff 11 stated they did nothing when unsecured resident smoking supplies were observed because a majority of residents maintained their own smoking materials.
On 9/6/23/at 11:13 AM Staff 1 (Executive Director) acknowledged the findings and confirmed the facility's policy was for resident smoking materials to be secured when not in use.
On 9/8/23 at 11:21 AM Staff 2 (DNS) acknowledged the findings and stated Smoking Assessments should be completed at least annually and upon readmission.
3. Based on interview and record review it was determined the facility failed to ensure adequate supervision and a safe environment for 2 of 7 sampled residents (#s 1 and 17) reviewed for accidents. This placed residents at increased risk for injuries. Findings include:
The facility's 2/3/23 Accidents and Incidents Policy stated the center strived to provide an environment free from hazards over which the center has control and provided supervision and assistance devices to each resident to prevent avoidable accidents. The Policy defined an avoidable accident as an incident that occurred when the center failed to identify environmental hazard and resident risk. The proper action following a fall included the following:
-Determined what may have caused the fall.
-Address the contributing factors of the fall.
-Revise the care plan and/or the centers' practices to reduce the likelihood of another fall.
-An evaluation of factors which lead to the residents' fall was necessary to provide appropriate intervention(s) to help prevent future occurrences.
a. Resident 17 was readmitted to the facility in 7/2021 with diagnoses including congestive heart failure.
Resident 17's 4/28/23 Quarterly MDS revealed the resident was cognitively intact, was independent with locomotion on-and-off the unit and used a wheelchair for mobility.
A 6/17/23 Fall Incident Report revealed the following:
- Resident 17 and Staff 26 (CNA) were outside of the facility, but on the property, and headed towards the street together to view an accident.
- Staff 26 pushed Resident 17 in her/his wheelchair on a gravel road down an incline.
- Staff 26 slipped and lost control of Resident 17's wheelchair.
- Resident 17 fell out of her/his wheelchair, landed on the ground, sustained abrasions to her/his face, right hand, right arm and bilateral knees. The resident also experienced pain in her/his ribs.
A 6/18/23 Progress Note completed by Staff 24 (RN) revealed the following:
- Resident 17 fell out of her/his wheelchair when outside with Staff 26. After the fall, Staff 26 "pulled [her/him] right up by [her/his] pants and into the chair quickly."
- Resident 17 was assisted back to the facility immediately after the fall when a nurse assessment was completed, vitals were taken and wounds were cleaned.
A 6/21/23 Witness Statement completed by Staff 26 revealed the following:
- Staff 26 was smoking outside of the facility and Resident 17 was present.
- Staff 26 asked Resident 17 to accompany her to see an accident up the road.
- Staff 26 pushed Resident 17 in her/his wheelchair down a hill.
- Staff 26 slipped on rocks and Resident 17 fell out of her/his wheelchair.
- Staff 24 was informed of the fall and treated the resident's injuries.
On 9/5/23 at 11:34 AM Resident 17 stated she/he recalled the incident that occurred in 6/2023 when she/he fell out of her/his wheelchair outside of the facility. Resident 17 stated Staff 26 pushed her/him in her/his wheelchair in order to see an accident that occurred in the neighborhood. Resident 17 stated along the way, the path changed from paved to gravel, and her/his wheelchair got stuck in the gravel, and she/he "flew out of [her/his] wheelchair." Resident 17 stated Staff 26 picked her/him up off the ground by her/his shorts and she/he sustained scratches on her/his right leg and left knee. Resident 17 further stated the gravel "tore up" her/his hands and she/he had to wear bandages for four or five days.
On 9/6/23 at 3:28 PM Staff 11 (LPN) stated she completed the incident report as soon as she was made aware of Resident 11's fall. Staff 11 stated she was informed Staff 26 pushed Resident 17 down a gravel road in her/his wheelchair, Staff 26 slipped and Resident 17 fell out of her/his wheelchair onto the gravel. Staff 11 stated the resident complained of rib pain, an x-ray was obtained and no injury was found.
On 9/7/23 at 2:43 PM an attempt was made to interview Staff 26. Staff 26 was unavailable for an interview.
On 9/8/23 at 11:21 AM Staff 2 (DNS) stated the incident was an unfortunate accident and was avoidable.
,
2. Based on observation, interview and record review it was determined the facility failed to assess and care plan for smoking safety for 3 of 7 sampled residents (#s 17, 31 and 36) reviewed for accidents. This placed residents at increased risk for injury related to smoking. Findings include:
a. Resident 36 was admitted to the facility in 9/2022 with diagnoses including heart failure.
Resident 36's 9/19/22 Admission MDS indicated the resident was cognitively intact and used tobacco.
Resident 36's health record revealed a 9/19/22 signed Smoking Agreement.
No evidence was found in Resident 36's health record that a Smoking Assessment was completed..
On 9/8/23 at 11:21 AM Staff 2 (DNS) stated smoking assessments should be completed at least annually and upon readmission.
Plan of Correction:
Residents #6, 16, 17, 31 have been re-assessed related to smoking, locked boxes provided and care plans have been updated.
Resident #36 has been discharged.
Resident #17 has been re-assessed related to falls and outside mobility and care plan updated as needed.
Resident #1 has been re-assessed related to falls and care plan updated as needed.
Residents identified as smokers will be educated on the facility smoking policy and sign a copy to be kept in resident record by 9/6/23.
Residents identified as smokers will be assessed for independent smoking to include safe smoking practices and compliance with the facility smoking policy (designated smoking area, storage of smoking items).
Smoking materials will be secured for residents at the nursing station or in a lockbox in the resident room on a case by case basis. All current smokers have been issued lock boxes and smoking materials are currently being stored (9/6/23).
Residents who have had falls in past 30 days have been re-assessed and care plans updated as needed.
The center has implemented a designated smoking area is located on the northwest side of the building; appropriate signage is in place. Smoking material extinguisher in place. Fire Extinguisher and Fire Blanket is in place. Staff will be educated on the smoking policies of the center and completed on 9/7/23. Education also included steps for staff to take when noted unsafe smoking behaviors occur. During the centers clinical meeting residents will be reviewed for smoking history upon admission and assessment completed if resident exhibits the desire to smoke, care plan will be implemented to include education on the centers smoking policy and providing a lock box. Residents who smoke will be reviewed quarterly and with change in condition. LN staff have been re-educated on centers policies and procedures related to fall management to include neurological assessment post fall. Residents with falls will be reviewed during the centers clinical meeting for proper assessment, neuro checks and interventions post fall.
IDT Team and/or LN staff will observe residents rooms who have been designated as smokers during daily rounds to ensure smoking materials are secured per policy. Residents will be asked to lock smoking materials if found unsecured. Caring Partners will audit 3x weekly for unsecured smoking materials and report findings to the Administrator. Medical Records will audit residents that smoke monthly x 3 months for proper assessment and care planning. Medical Records will audit neurological checks post fall and forward findings to the DON. The Regional Director of Clinical Operations will audit the incident/accident portal weekly x 4 weeks then bimonthly x 2 months for incident accidents for completion of a thorough investigation and forward findings to the Administrator. Trends of audits will be forwarded to the QAPI committee monthly x 3 months for opportunities of continued quality improvement.
The Administrator and Director of Nursing are responsible for monitoring compliance.
Date of Compliance: 10/25/23