Areas reviewed
22VAC40-73 GENERAL PROVISIONS22VAC40-73 ADMINISTRATION AND ADMINISTRATIVE SERVICES22VAC40-73 PERSONNEL22VAC40-73 STAFFING AND SUPERVISION22VAC40-73 ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 RESIDENT ACCOMMODATIONS AND RELATED PROVISIONS22VAC40-73 BUILDINGS AND GROUND22VAC40-73 EMERGENCY PREPAREDNESS22VAC40-73 ADDITIONAL REQUIREMENTS FOR FACILITIES THAT CARE FOR ADULTS WITH SERIOUS COGNITIVE IMPAIRMENTS22VAC40-90 BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES22VAC40-90 THE SWORN STATEMENT OR AFFIRMATION22VAC40-90 THE CRIMINAL HISTORY RECORD REPORT
Technical assistance
Comments
Violations
22VAC40-73-1090-A
Based on record review and interview, the facility failed to ensure prior to admission to a safe, secure environment,
residents have been assessed by an independent clinical psychologist licensed to practice in the Commonwealth or by an
independent physician as having a serious cognitive impairment due to a primary psychiatric diagnosis of dementia with
an inability to recognize danger or protect his own safety and welfare.
Evidence
- Resident #1 (admitted 4/10/2024) and Resident #3 (admitted 10/27/2023) did not have a completed assessment of
serious cognitive impairment in their records.
Plan of correction
New admission packets updated to have complete serious cognitive impairment assessment forms. Executive Director,
Resident Care Coordinator, or designee to review all new admission to secure environment has all required
documentation prior to moving into the community.
22VAC40-73-1110-A
Based on record review, the facility failed to ensure the licensee, administrator, or designee determine whether placement
in the special care unit is appropriate for a resident with a serious cognitive impairment due to a primary psychiatric
diagnosis of dementia to a safe, secure environment.
Evidence
- Resident #1 (admitted 4/10/2024) and Resident #3 (admitted 10/27/2023) did not have documentation of the
determination and justification on whether placement in the special care unit is appropriate by the licensee, administrator,
or designee in their record.
Plan of correction
Documentation of approval for placement in special care unit to be completed for residents #1 and #3. Executive Director
or Resident Care Coordinator to ensure form is completed and in file of any resident moving into community’s special
care unit.
22VAC40-73-50-B
Based on record review, the facility failed to retain written acknowledgment of the receipt of the disclosure by the resident
or his legal representative.
Evidence
- Upon review of Resident #1’s record, there was no written acknowledgment of the receipt of the full disclosure by the
resident or their legal representative.
Plan of correction
Disclosure will be resent to resident #1’s legal representative for initials and signatures. All new admission packets will
be reviewed for all required admission documents by the Executive Director or designee.
22VAC40-73-200-D
Based on record review and interview, the facility failed to obtain a copy of the certificate issued or other documentation
indicating that the person has met one of the requirements of subsection C of this section, which shall be part of the staff
member's record in accordance with 22VAC40-73-250.
Evidence
- Staff #5 works at the facility as direct care staff; however, their record did not include a copy of the certificate issued or
other documentation indicating that the person has met one of the requirements of subsection C of this section.
Plan of correction
Audit of all current staff files to ensure requirements to provide care are present in the file. Any staff member missing
documentation will be removed from the schedule until appropriate documentation is provided. Executive Director or
designee to review all new hire documentation prior to the first day working with residents to ensure appropriate training
has been completed.
22VAC40-73-210-B
Based on record review and interview, the facility failed to ensure all direct care staff attend at least 18 hours of training
annually with the exception of direct care staff who are licensed health care professionals or certified nurse aides attend
annually with the exception of direct care staff who are licensed health care professionals or certified nurse aides attend
at least 12 hours of annual training. Training also should include at least two of the required hours on infection control
and prevention and when adults with mental impairments reside in the facility, at least four of the required hours on topics
related to residents' impairments.
Evidence
- Staff #1 was unable to provide documentation of 2023 annual training for Staff #5.
Plan of correction
Audit to ensure that all current staff members have the required annual training going forward. Executive Director,
Resident Care Coordinator, or designee to conduct monthly audits of staff education to ensure compliance.
22VAC40-73-250-D
Evidence
- Staff #2 was rehired on 05/23/2023; however, the only TB risk assessment for Staff #2 was completed on 03/17/2024.
- Staff #3 was hired on 08/14/2023; however, the initial TB risk assessment in the record for Staff #3 was completed on
02/21/2023.
- Staff #4 was hired on 01/08/2024; however, the initial TB risk assessment in the record for Staff #4 was completed on
03/17/2024.
Plan of correction
Executive Director, Resident Care Coordinator, or designee to review all new hire documentation prior to first day working
with residents to ensure TB risk assessment has been completed.
22VAC40-73-260-A
Based on record review, the facility failed to ensure each direct care staff member maintain current certification in first aid
from the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute,
community college, hospital, volunteer rescue squad, or fire department.
Evidence
- Staff #5 works as direct care staff and does not have documentation of a current certification in first aid in their staff
record.
Plan of correction
Audit to ensure that all current staff members have the required first aid training. Any staff member with missing or
expired first aid training will be removed from the schedule until they have appropriate training completed. Executive
Director, Resident Care Coordinator, or designee to conduct monthly audits of staff education to ensure ongoing
compliance.
22VAC40-73-320-A
Based on record review, the facility failed to ensure within the 30 days preceding admission, a person have a physical
examination by an independent physician.
Evidence
- Resident #1 admitted to the facility on 04/10/2024; however, their record did not include a completed physical
examination.
Plan of correction
Executive Director, Resident Care Coordinator, or designee to review physical examination paperwork prior to admission
of any new residents, to ensure that exam paperwork is completed in its entirety.
22VAC40-73-390-A
Based on record review, the facility failed to ensure at or prior to the time of admission, there be a written
agreement/acknowledgment of notification dated and signed by the resident or applicant for admission or the
appropriate legal representative, and by the licensee or administrator.
Evidence
- The facility was unable to provide documentation there was a written agreement/acknowledgment of notification dated
and signed by the appropriate legal representative for Resident #1 (admitted 04/10/2024).
Plan of correction
All admission packets will be reviewed for all required admission documents by the Executive Director or designee.
22VAC40-73-620-A
Based on record review the facility failed to ensure dietary oversight was conducted every six months for specials diets
Description:
Based on record review, the facility failed to ensure dietary oversight was conducted every six months for specials diets
by a dietitian or nutritionist.
Evidence
- The last dietary oversight completed was completed on 2/20/2023.
Plan of correction
Executive Director to coordinate with a registered dietician to conduct dietary oversight for the community every six
months.
22VAC40-73-680-C
Based on observation and interview, the facility failed to ensure medications be administered not earlier than one hour
before and not later than one hour after the facility's standard dosing schedule, except those drugs that are ordered for
specific times, such as before, after, or with meals.
Evidence
- Resident #1 admitted to the facility on 4/10/2024; however, the April 2024 MAR for Resident #1 does not document
medication administration until 4/12/2024. Additionally, the 8:00 am and 9:00 am medications (total of 6 medications) for
Resident #1 were not documented as administered on 4/21/2024.
- The April 2024 MAR for Resident #2 shows the following medications were not administered on the following days:
Atorvastatin 40 mg tablets from 4/15/24-4/17/24 (3 doses), Buspirone 5 mg tablet on 4/7/24, Clopidogrel 75 mg tablet
from 4/20/24-4/22/24 (3 doses), Diclofenac gel on 4/4/24, 4/14/24, and 4/15/24, Gabapentin 600 mg tablet on 4/4/24,
4/9/24, 4/14/24, and 4/15/24 (4 doses), Mirtazapine 7.5 mg tablet from 4/1/24, 4/2/24, and 4/4/24 (3 doses),
Omeprazole 20 mg tablet on 4/9/24, Sertraline 100 mg tablet on 4/18/24-4/19/24 (2 doses), and Vitamin B-12 1000 mcg
tablet on 4/19/24.
- During a medication observation on 4/23/2024 with Staff #2, the following medications were not available for
administration for Resident #3: Memantine 10 mg tablet, Atenolol 50 mg tablet, and Hydroxyz 25 mg tablet. Additionally,
the April 2024 MAR for Resident #3 shows the following medications were not administered on the following days:
Atenolol 50 mg tablet on 4/21/24, Gabapentin 100 mg capsule on 4/13/24, Hydroxyz on 4/17/24 and 4/19/24-4/21/24 (4
doses), and Memantine 10 mg tablet 4/16/24-4/22/24 (10 doses).
- Resident #5 has an order to check blood sugar three times a day before meals; however, the April 2024 MAR for
Resident #5 indicates the machine has not worked since at least 4/1/24 and does not document Resident #5’s blood
sugars.
Plan of correction
Education will be provided to all RMA and LPNs on obtaining and reporting any missing medications for residents. Family
education will be provided to ensure that all prescribed medications and supplies are available to staff or will be ordered
through contracted pharmacy to ensure that residents are receiving all prescribed medications and treatments. New
blood sugar machine was ordered and received for resident #5 on 5/1/2024.
Resident Care Coordinator or designee to conduct weekly audits of MAR/TAR to ensure compliance with medication
administration plan.
22VAC40-73-690-B
Based on record review, the facility failed to ensure for each resident assessed for assisted living care, except for those
who self- administer all of their medications, a licensed health care professional, practicing within the scope of his
profession, perform a review every six months of all the medications of the resident.
Evidence
- Staff #1 was unable to provide documentation of a medication review within the last 12 months.
Plan of correction
Executive Director to coordinate medication review by licensed health care professional for all current residents and every
six months going forward.
22VAC40-73-980-C
Based on record review, the facility failed to ensure first aid kits be checked at least monthly to ensure that all items are
present and items with expiration dates are not past their expiration date.
Evidence
- There was no documentation of the monthly checks of the first aid kit from April 2023-February 2024.
Plan of correction
Monthly first aid kit checks are currently being performed. Executive Director, Resident Care Coordinator, or designee to
audit compliance with completion of monthly checks.
22VAC40-73-990-C
Based on interview, the facility failed to document staff participation in practice exercises for resident emergencies at
least once every six months.
Evidence
- Staff #1 was unable to provide documentation that staff had participated in an exercise in which the procedures for
resident emergencies were practiced at least every six months.
Plan of correction
Executive Director to develop documentation staff practice of resident emergencies and ensure practice is completed at
least every six months.
22VAC40-90-40-B
Based on record review, the facility failed to ensure the criminal history record report be obtained on or prior to the 30th
day of employment for each employee.
Evidence
- Staff #6 was hired on 09/25/2023; however, their criminal history record report was obtained on 11/01/2023.
- Staff #7 was hired on 09/18/2023; however, their criminal history record report was obtained on 11/06/2023.
- Staff #8 was hired on 03/08/2024; however, there was not a completed criminal history record report for Staff #8.
Plan of correction
Staff #8 criminal history has been obtained and has cleared criminal history. Executive Director or designee to ensure
criminal history reports are received by the 30th day of employment or staff member will be removed from the scheduled
until report is obtained.
Executive Director or designee to audit all pending criminal history records for new employees weekly.