Inspection dates
07/11/24,7/25/2024
Areas reviewed
22VAC40-73 PERSONNEL22VAC40-73 STAFFING AND SUPERVISION¿22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 ADDITIONAL REQUIREMENTS FOR FACILITIES THAT CARE FOR ADULTS WITH SERIOUS COGNITIVE IMPAIRMENTS
Comments
Violations
22VAC40-73-710-D
Based on a review of one resident record and interviews, it was determined that the facility did not ensure that whenever physical restraints are used, the following conditions shall be met:
1. A restraint shall be used only to the minimum extent necessary to protect the resident or others:
2. Restraints shall only be applied by direct care staff who have received training in their use as specified by subdivision 2 of 22VAC40-73-270;
3. The facility shall closely monitor the condition of a resident with a restraint, which includes checking on the resident at least every 30 minutes;
4. The facility shall assist the resident with a restraint as often as necessary, but no less than 10 minutes every hour, for his hydration, safety, comfort, range of motion, exercise, elimination, and other needs;
5. The facility shall release the resident from the restraint as quickly as possible; and
6. Direct care staff shall keep a record of restraint usage, outcomes, checks, and any assistance required in subdivision 4 of this subsection and shall note any unusual occurrences or problems.
Evidence
- Resident # 1 was found slumped on the side of her bed with her right arm entangled in a bed rail on 7/6/24 (Picture #1).
- The record for resident #1 did not contain documentation to demonstrate that the facility was compliant with the conditions for use of a physical restraint.
- Staff # 1 was asked to provide documentation to show the facility was following the required conditions to use a physical restraint and was unable to provide any documentation during the onsite inspection.
Plan of correction
1) Conduct audit of all current residents to ensure all assistive devices are identified.
2) All identified assistive devices will be placed on comprehensive ISP with proper goal/intervention(s) listed. ISP will be signed and placed on file.
3) All assistive devices will be reviewed to ensure proper MD order is in place. If an assistive device is determined to be a restraint, the facility will ensure physical restraint conditions will be met according to the standard.
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-710-C
Based on interviews and a review of one resident record, it was determined that the facility did not ensure that if a physical restraint is used, it is imposed in accordance with a physician's written order that specifies the condition, circumstances, and duration under which the restraint is to be used; and is not ordered on a standing, blanket, or "as needed" (PRN) basis.
Evidence
- Resident # 1 was found on 7/6/24 by a friend of the family with her torso on the bed and legs on the floor (Picture #1).
- A hospital bed was being used by resident #1 with 2 and one half bed rails on it.
- Staff #5 found the resident entangled in the bedrails.
- The record for resident #1 did not contain a physician’s order for bed rails that specified the condition, circumstances and duration under which the order is to be used.
Plan of correction
1) Conduct audit of all current residents to ensure all assistive devices are identified.
2) All identified assistive devices will be placed on comprehensive ISP with proper goal/intervention(s) listed. ISP will be signed and placed on file.
3) All assistive devices will be reviewed to ensure proper MD order is in place. If an assistive device is determined to be a restraint, the facility will ensure physical restraint conditions will be met according to the standard.
Responsible positions:Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-710-B
Based on observation and interviews, it was determined that physical restraints may only be used as a medical/orthopedic restraint for support, according to the physician’s written order and with written consent of the resident or her legal resident.
Evidence
- There was a 2 and one half bed rail being used by resident #1 in the memory care unit.
- Resident #1 was found with right arm entangled in the bed rail with her torso on the bed and feet on the floor (Picture #1).
- There was no physician’s written order for bed rails in the record for resident #1.
- There was no written consent to use the bed rail from the resident or her legal representative.
Plan of correction
1) Conduct audit of all current residents to ensure all assistive devices are identified.
2) All identified assistive devices will be placed on comprehensive ISP with proper goal/intervention(s) listed. ISP will be signed and placed on file.
3) All assistive devices will be reviewed to ensure proper MD order is in place. If an assistive device is determined to be a restraint, the facility will ensure physical restraint conditions will be met according to the standard.
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-860-C
Based on observation, it was determined that the facility did not ensure that before construction begins or contracts are awarded for any new construction, remodeling, or alterations, plans shall be submitted to the department for review.
Evidence
- The licensing inspector observed construction and remodeling in Inspiritas (the memory care environment).
- Plans have not been submitted to licensing for review.
(See picture # 2)
Plan of correction
Not published by VDSS.
22VAC40-73-460-A
Based on interviews and a review of one resident record, it was determined that the facility did not ensure that the facility shall assume general responsibility for the health, safety, and well-being of the residents.
Evidence
- Resident #1 was found slumped over her bed with her legs on the floor on 7/6/24 by a family member (picture #1). The family member went to get facility staff. Upon checking on resident #1, staff determined that resident #1 was deceased.
- Picture #1 shows resident #1 arm was entangled in the bed rails. The facility did not obtain a signed physician order that specified the condition, circumstances and duration under which the bed rails is to be used prior to imposing the physical restraint.
- The individualized service plan (ISP) for resident # 1 was not updated to reflect changes in condition (Do Not Resuscitate (DNR) order, personal care and assistance, weekly monitoring of weight, physical restraint usage, and meals).
- The file for resident #1 did not contain documentation of resident checks for fall risk every 2-3 hours as stated on the resident’s individualized service plan (ISP) that was updated 1/29/24. Facility staff was unable to provide documentation of fall risk checks during the onsite inspection.
- Four staff interviewed stated that the meals for resident #1 were not given because the Hospice agency discontinued all food and beverage. The record for resident #1 contained an order from hospice staff (#1) on 6/20/24 to hold food/beverage if patient not awake enough to swallow, not to discontinue all food and beverage.
Plan of correction
1) Provide educational in-service to all clinical staff related to general responsibility of care to all residents to meet health, safety, and well-being needs of all residents in the community.
2) Staff #1, listed on the Investigation Summary-Supplemental Information form, was placed on suspension pending investigation for failure to follow procedures of critical importance to role responsibilities. Staff #1, listed on the Investigation Summary, was recommended for termination for failure to follow procedures of critical importance at the conclusion of the investigation. Staff #1 failed to respond to contact attempts to discuss the outcome. Staff #1 was terminated.
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-190-F
Based on an interview, it was determined that the facility did not ensure that the staff member in charge is prepared to carry out his duties and responsibilities and respond appropriately in case of an emergency.
Evidence
- The facility had an emergency on 7/6/24, resident #1 died at 11:20am.
- The Manager on Duty Checklist for 7/6/24 did not indicate that any residents had died.
- Staff #4 confirmed during an interview that she was the staff member in charge on 7/6/24, at the time of the death of resident #1. When asked about the incident, staff #4 stated that she overheard individuals in the main dining room talking about a death in Inspiritas (the memory care environment). When asked if she completed any follow-up, staff # 4 stated that she did not.
- There was no communication between staff # 4 and Inspiritas staff, the family member of the resident that was on site, the funeral home staff or hospice staff on site.
Plan of correction
All employees acting as manager on duty will be provided education on role responsibilities and acknowledge receipt of education via signature of acknowledgement form
Responsible positions:Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-670-1
Based on a review of staff records and medication administration records (MARs), it was determined that the facility did not ensure that each staff person who administers medication shall be authorized by § 54.1- 3408 of the Virginia Drug Control Act and be registered with the Virginia Board of Nursing as a medication aide.
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Evidence
- The record for staff #5 contained a letter from the Department of Health Professions dated 12/1/23 that authorized staff #5 to practice as a provisional medication aide for 120 days effective 12/1/23 to 6/1/24,
- According to the facility’s Medication Admin Audit Report, staff #5 administered 4163 medications to 50 residents throughout the facility after the expiration of the provisional authorization (from 6/2/24 until 7/17/24). The facility stopped her from giving medications on 7/17/24.
- The Licensing Inspector informed staff #9 during the onsite inspection on 7/11/24 that the certification for staff #5 to administer medication expired on 6/1/24.
Plan of correction
1)Full employee business file audit will be completed to ensure all staff who administer medication are authorized by § 54.1-3408 of the VDCA and registered with the Board of Nursing.
2) Routine audits will be conducted to ensure continued compliance in addition to new hire licensure verification prior to administering medications to a resident.
Responsible positions: Executive Director, Human Resources Manager, Regional Human Resources Director, designee
22VAC40-73-450-F
Based on a review of one resident record and interviews, it was determined that the facility did not ensure that individualized service plans shall be reviewed and updated at least once every 12 months and as needed for a significant change of a resident’s condition
Evidence
- The record for resident #1 contained A Do Not Resuscitate (DNR) order that was dated 5/23/24.
- The individualized service plan for resident # 1 was not updated to include the Do Not Resuscitate (DNR) order as it documented that resident #1 is “Full Code”.
Plan of correction
1)Ensure residents ISPs are reviewed and updated whenever there is a third-party service utilized or a significant status change and annually.
2)Review the EHR Assessment Dashboard weekly to ensure all annual ISPs are completed in a timely manner.
3)Residents with significant status changes will be reviewed daily and documented on the Weekly QA Packet and have a new ISP completed upon status change
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, certified designee
22VAC40-73-450-D
Based on a review of one resident record and interviews, it was determined that the facility failed to ensure that when hospice care is provided to a resident, the assisted living facility and the licensed hospice organization shall communicate and establish an agreed upon coordinated plan of care for the resident and that the services provided by each shall be included on the individualized service plan (ISP).
Evidence
- The individualized service plan (ISP) for resident # 1 did not mention hospice services.
- Staff #1 reviewed the record for resident #1 and was unable to provide documentation of an individualized service plan with a goal for hospice during the onsite inspection
Plan of correction
1)Ensure residents ISPs are reviewed and updated whenever there is a third-party service utilized or a significant status change and annually.
2)Review the EHR Assessment Dashboard weekly to ensure all annual ISPs are completed in a timely manner.
3)Residents with significant status changes will be reviewed daily and documented on the Weekly QA Packet and have a new ISP completed upon status change
Responsible positions:Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, certified designee
22VAC40-73-70-A
Based on a review of documentation and interviews, it was determined that the facility failed to ensure that the facility report to the regional licensing office within 24 hours any major incident that has negatively affected or that threatens the life, health, safety, or welfare of any resident.
Evidence
- A report was received about a suspicious death of a resident on 7/6/24.
- As of 7/11/24 when the inspector arrived at the facility, the facility had not reported the incident to licensing.
Plan of correction
1) Major incidents that negatively impact the life, health, safety, or welfare of any resident will be reported according to the standards.
2) Staff #1 listed on the Investigation Summary-Supplemental Information form was placed on suspension pending investigation for failure to follow procedures of critical importance to role responsibilities. Staff #1 listed on Investigation Summary was recommended for termination for failure to follow procedures of critical importance at the conclusion of the investigation. Staff #1 failed to respond to contact attempts to discuss outcome. Staff #1 was terminated.
Responsible Positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-460-H
Based on a review of one resident record and interviews, it was determined that the facility did not ensure that personal assistance and care are provided to each resident as necessary so that the needs of the resident are met, including assistance or care with bathing at least twice a week, but more often if needed or desired.
Evidence
- There was no documentation to support that resident #1 was receiving assistance with bathing.
- Staff # 6 stated in an interview that staff uses a log to document resident care each shift.
- The document was requested from staff # 1. Staff # 1 provided a PointClickCare document, but the document did not include any dates or times of bathing services provided.
Plan of correction
1) Conduct audit of all current resident ISP to ensure shower schedules are accurately entered into resident ISP/POC.
2) Provide staff education on use of POC documentation system for documentation of care provided.
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-450-H
Based on a review of one resident record and interviews, it was determined that the facility did not ensure that the care and services specified in the individualized service plan (ISP) are provided to each resident.
Evidence
- The individualized service plan updated 1/29/24 for resident # 1 states -weigh resident weekly.
- The facility documented weights for resident #1 on 2/6/24 (172 lbs.), 3/6/24 (171 lbs.), 4/15/24 (167 lbs.), 5/19/24 (160 lbs.), 6/8/24 (137lbs.) and 6/14/24 (137 lbs.).
- The documentation indicates that the resident was not weighed as specified on the individualized service plan.
Plan of correction
1) Conduct audit of all current resident ISP to ensure weights are accurately entered into resident ISP/POC.
2) Provide staff education on use of POC documentation system for documentation of care provided.
3) All updated ISPs will be reviewed and signed by resident/RP and ED and/or DCS and filed in resident record
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-290-B
Based on observation during an on-site inspection, it was determined that the facility did not ensure that they shall develop and implement a procedure for posting the name of the current on-site person in charge in a place in the facility that is conspicuous to the residents and the public.
Evidence
- The name of the on-site person in charge was not posted anywhere in the facility on 7/11/24.
- When asked about the posting, front desk staff #8 confirmed that the name was not posted.
Plan of correction
Manager on Duty placard will be posted and updated daily at front desk in main lobby conspicuously to the residents and public.
Responsible positions: Executive Director and/or designee
22VAC40-73-580-B
Based on interviews and a review of one resident record, the facility did not ensure that all meals shall be served in the dining area as designated by the facility, except that there is a written agreement to this effect, signed and dated by both the resident and the licensee or administrator and filed in the resident's record.
Evidence
- Staff # 1, 3, 5 and 6 reported during interviews on 7/11/24 that meals were being served in the room of resident # 1.
2.The record for resident #1 did not contain an agreement that resident #1 was not supposed to have her meals in the dining room.
3.Facility staff were unable to provide documentation of an agreement to allow resident #1 to not eat her meals in the dining room during the onsite inspection.
Plan of correction
1) Conduct audit of all current resident ISP to ensure meals are noted to occur in dining room or in resident apartment as desired.
2) All updated ISPs will be reviewed and signed by resident/RP and ED and/or DCS and filed in resident record
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services
22VAC40-73-1130-A
Based on staff interviews, it was determined that the facility failed to ensure that except during night hours, when 20 or fewer residents are present, at least two direct care staff members shall be awake and on duty at all times in each special care unit who shall be responsible for the care and supervision of the residents.
Evidence
- There was an emergency in the special care unit on 7/6/24 at 11:20 am. (death of a resident).
- Staff # 7 confirmed by email on 7/12/24 that there were 14 residents residing in the unit.
- Two direct care staff (#3 and #6) and one medication aide (staff #5) were assigned to be responsible for the care and supervision of the residents in the special care unit on 7/6/24 according to the Daily Schedule Sheets; however, only staff #6 was on the unit at the time of the emergency.
3.Staff # 3 stated that she had left the unit and gone outside to smoke.
- Staff # 5 stated that she was returning to the unit after passing medications in another area of the facility.
Plan of correction
1)Daily staffing will be reviewed to ensure appropriate staff are assigned to the closed unit.
2) Staff education will be provided to ensure staff are aware of unit census and staffing requirements.
3)Daily assignment sheets with scheduled break times will be initiated to ensure proper staffing at all times.
Responsible positions: Executive Director, Director of Clinical Services, Assistant Director of Clinical Services, Charge Nurse, Regional Director of Clinical Services