Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 4. The clinical record for Resident 39 was reviewed on 9/7/23 at 9:50 a.m. His diagnoses included, but were not limited to: vascular dementia, nicotine dependence, post-traumatic stress disorder, chronic pain syndrome, and anxiety disorder.
The 9/2/23, 3:07 a.m. nurse's note read, Approximately 2:30 am when patient came back inside from smoking,I went into patient room to give pain pill. I stated to the patient that it was hydrocodone and is due at 2am. Patient said no, I asked again did he not want pain pill. He said no, patient then stated that he only takes medicine he can see be popped out. I gave patient a hydroxyzine at 23:00 with no issues or asking for me to pop out medication in front of the patient. Patient stated all his medication was to be done in front of him, I explained I did not know that because I had never had to do that for the patient before. I apologize and stated how I wouldn't be able to do that for this medication because I had already popped it out and told patient I could do it for future medications and would communicate to next shift as well. Patient opened his hand so I assumed after what I stated he would now take pain medication, patient then took the cup and did not take medication said he would hold on to it until morning. I stated to patient that he could not have medication stay in the room that he would have to either take the medication or I would have to waste it. Patient stated no began yelling, I then took the medication cup with the hydrocodone. Patient then hit me in the stomach and stood up. I walked out the room and then alerted the nigh [sic] supervisor of the situation.
The 8/17/23 admission MDS (Minimum Data Set) assessment indicated Resident 39 had a BIMS (brief interview for mental status) score of 13, indicating he was cognitively intact.
An interview and observation was conducted with Resident 39 on 9/7/23 at 9:58 a.m. in the smoking area of the facility. He appeared upset while patting his stomach with his hands and indicated he felt assaulted by LPN (Licensed Practical Nurse) 5, who was also in the smoking area at this time. He was pointing at LPN 5, who was assisting another resident in the smoking area. He indicated it happened last Saturday, 9/2/23, and he told everyone about it and filed a grievance. At this time, Resident 39 provided a 9/5/23 Grievance/Complaint Form that he had on him.
The 9/5/23 Grievance/Complaint Form read, Nurse aggressively searched inside my pockets without permission for medication I did not have.
On 9/7/23 at 9:56 a.m., an interview was conducted with the ED (Executive Director) who provided a copy of the 9/5/23 Resident Rights In Service Sign in Sheets and curriculum at this time. He indicated Resident 39 did not report this incident as abuse and kept changing his story. Education was provided to staff in regards to not searching a resident without permission. Resident 39 was planning to leave the facility LOA (leave of absence) on that day, but changed his mind after having been provided with his medications for the day, including narcotics. He did not go, so the nurse asked for the medications back, but he refused to give them back.
An observation and interview was conducted with Resident 39 on 9/7/23 at 12:08 p.m. While rubbing his stomach, he indicated LPN 5 aggressively searched him. He stated, She cant grab me, and wanted he arrested. He didn't care if she was searching for pills. She should have called the police and had them search her. It wasn't her job to do that.
The 9/2/23, 8:11 a.m. behavior note read, Resident not in pleasant mood this shift and not cooperative with nursing staff. Resident stated at 9am that he would be leaving LOA with his family and would need all his medication for the day. Around 2pm resident was still in facility, at this time writer educated resident that if he was not going LOA that writer would need the medication back and will admin [administer] at HS [noc] d/t [due to] narcotics in evening medication. Resident refused and became verbally aggressive and physical aggressive trying to push writer out the way with w/c [wheel chair.] At this time writer found other medication packets in his bookbag on w/c that resident had been saving. Resident is being dishonest saying he is leaving LOA to keep medication for the day. Management updated about occurrence. Will continue with current plan of care.
An interview was conducted with LPN 5 on 9/11/23 at 10:43 a.m. She indicated she was currently off work, because Resident 39 made an allegation that she inappropriately searched him. Earlier in the day, Resident 39 informed her that he was going LOA with family. She'd also received information in report from the previous shift's nurse that that he would say he was going LOA, but keeping his medications. LPN 5 took his word for it that day, that he would be going LOA, and gave him his medications around 8:30 a.m. for the day to last through 10:00 p.m. Around 2:00 p.m., she saw that he was still in the facility. When she saw him, she told him he could not keep the medications, if he was not leaving. Resident 39 became upset with her, asking why he had to give the medications back. She educated him that she could administer them, since he was still in the facility and that narcotics were to be kept on the medication cart. She would give the medications back to him, if he went out. Resident 39 started charging at me with his wheel chair to get out of his pathway. This was occurring in the hallway. Another staff member, CNA (Certified Nursing Assistant) 28, intervened, trying to diffuse the situation. Resident 39 had a fanny pack on his wheel chair and you could see what was inside, because it was opened. When she gave him the medications at 8:30 a.m., they were in a packet and she saw him put the packet in the fannypack. She saw the packet, but the medications were not the medications she gave him at 8:30 a.m. that morning. They were from several days prior. She never touched him and she never got the medications back that she gave him that day. She did retrieve 5 packets of medications from the fanny pack, but they were from a previous day, which included 3 Hydrocodone 5/325s and 2 Lyrica. She did not want him to be walking around with narcotics, especially given some of the things she'd heard, him not leaving when he said he was, and not giving medications back when asked. Afterwards, staff was inserviced on resident rights, she believed in regards to this and other situations with Resident 39.
An interview was conducted with CNA 28 on 9/11/23 at 1:42 p.m. She indicated LPN 5 was trying tell Resident 39 that she needed the pills back, because she thought he was going to leave. This occurred way after 2:00 p.m., by the back door near the therapy department. Resident 39 was by the door, waiting on his ride. LPN 5 was telling him she needed the medication back. Resident 39 was saying no, no, no. LPN 5 grabbed plastic bags of pills, 3 or 4 of them, from his wheel chair, opened the packets and said they were not the pills she gave him earlier that day, so she held onto them. Resident 39 was cussing. He kept saying leave me alone, but she didn't touch him. Eventually his ride came and he left the facility that day.
An interview was conducted with the ED on 9/12/23 at 10:49 a.m. He indicated the inservicing was done as a result of the searching.
An interview was conducted with the DON (Director of Nursing) on 9/12/13 at 10:16 a.m. She indicated generally, residents told nursing if they would be leaving for the day and when they were coming back. The nurse could look to see what medications they would be taking and send the medication with them. The medications would be given to the resident, unless they had a guardian. The medications should be given to a resident upon leaving. As far as the Resident Extended Leave of Absence with Medications policy, she guessed Resident 39's physician was not notified in advance and no release of responsibility was signed, because it was not an extended leave, 24 hours or greater. She understood the medications were in his possession at the time LPN 5 took them from him. It could have gone the other way and he left the facility, when he said he was going to, and all of this wouldn't even have happened. They administered his medications when he was there and LPN 5 took his word for it that he was leaving the facility when he said he was going to leave. Sure, she received report about him being dishonest and some behaviors, but what was wrong with her taking his word for it and having a clean slate with him.
The Resident Extended Leave of Absence with Medications policy was provided by the ED on 9/11/23 at 12:24 p.m. It read, Extended Leave of Absence: For the purpose of this policy, means when a resident leaves the facility for 24 hours or greater with consent from the primary provider, not as a discharge but as a therapeutic leave with the full intention of returning to the facility Due to insurance regulations that limit the number of prescriptions written for a medication during specific time frames, residents will need to take their medications with them .The physician/provider will be notified in advance and will determine which medications and how many, including controlled substances will be permitted to be given to the resident for home visits The resident/representative will sign a Release of Responsibility form for leave of absence with medications.
5. The clinical record for Resident 99 was reviewed on 9/14/23 at 11:31 a.m. The resident's diagnoses included, but was not limited to, major depressive disorder and paraplegia.
A care plan dated 11/5/21 for Resident 99 indicated .mood problem disease .interventions: Administer medications as ordered .Encourage to maintain as much independence and control/decision making as possible .
A behavior care plan dated 5/16/22 indicated Approach, speak in calm manner .Communicate with resident/resident representative regarding behaviors, and treatment .Intervene as necessary to protect the rights and safety of others .Minimize potential for disruptive behaviors by offering tasks that divert attention .Monitor behavioral episodes, and attempt to determine underlying causes .Notify medical provider of increased episodes of behaviors .
A behavior note for Resident 99 dated 8/17/23 indicated CNA [Certified Nursing Aide] approached writer and stated resident was waiting on HS [night] medication. When writer entered resident room, marijuana smell noted. Writer asked did resident call for medications? Informed resident nursing staff wasn't made aware of any request from resident. Resident became upset when writer explained about the miscommunication. Normally resident will come to nurse and make needs and requests known. Around 5 minutes later resident approached writer in a very aggressive manor and tone stating if writer said anything else to him that he would 'go the f*** off, resident making physical threats and stated this was writer fare warning!' Resident educated at this time that threating staff and using inappropriate language is completely inappropriate. Res [resident] stated, 'I don't give a f***, I don't like you' and continued to make aggressive threats to writer. Resident not easily redirected at this time, after several attempts to educate resident on appropriate conversations with nursing staff, res finally left nursing station. Resident in common smoking area at this time, will continue with current plan of care.
A behavior note dated 9/10/23 indicated the resident shouted loudly 'I need a pain pill!' .Resident was informed nicely that medications were being counted and he would receive analgesic with assessment in a few minutes . resident screaming 'They know I was shot and bullets are still in my body!' 'These b****** know I hurt!' .
The resident's clincal record did not include new interventions to address the resident's behavior.
An interview was conducted with the Social Services Director 2 on 9/14/23 at 1:05 p.m. She indicated the resident's plan of care should be revised with new interventions to address behaviors.
3.1-37(a)
3.1-43-(a)(1)
Based on interview and record review, the facility failed to develop and implement a plan of care for a resident with intermittent explosive disorder after a physical altercation with another resident; update a plan of care with new interventions for a resident with intermittent explosive disorder after an incident of verbal aggression against another resident; develop and implement a plan of care, upon admission, for a resident with known active substance use disorder; update and revise a resident's plan of care with individualized new interventions to address his behaviors; and provided a resident his leave of absence medication, including narcotics, in advance, instead of upon leaving the facility, for a resident with a history of physically aggressive behavior related to his narcotic medication for 1 of 4 residents reviewed for abuse and 4 of 5 residents reviewed for behaviors. (Residents 39, 99, 109, 119, and 310).
Findings include:
1. The clinical record for Resident 109 was reviewed on 9/12/23 at 10:40 a.m. The Resident's diagnosis included, but were not limited to, anxiety disorder, intermittent explosive disorder and psychoactive substance abuse.
A Quarterly MDS Assessment, completed 6/30/23, indicated he was cognitively intact.
Resident 109's clinical record contained a nursing progress note, dated 6/29/2023 at 8:12 p.m., which indicated Resident 109 had gotten into a verbal disagreement with a male peer (Resident 119) while in the courtyard, Resident 109 had hit male peer (Resident 119) with an open hand, making contact with his nose. Both residents were immediately separated. An investigation was initiated. The physician and the Executive Director were notified. The psychiatric Nurse Practitioner was in the facility and assessed both residents. Resident 109 was educated on proper interactions with peers.
An Initial Psych Med Management Visit note, dated 6/29/23, indicated Resident 109 had been seen due to hitting a peer (Resident 119) in the nose while outside in the smoking area. His past psychiatric history includes being in prison many times and being in solitary confinement while in prison. His behavior during the exam was calm and seemed remorseful. Resident 109 indicated his temper can go from 0 to 60 in a minute. He has a history of violence but had done well here. The plan was to add diagnosis of intermittent explosive disorder and begin Depakote (mood stabilizer) 500mg daily at bedtime.
A Follow Up Psych Med Management Visit note, dated 7/13/23, indicated the visit had been to follow up on mood and anger. Resident 109 indicated he had a long history. He admitted that anything could send him into anger. The plan was to continue Depakote use and to follow up the next month.
During an interview on 9/12/23 at 1:33 p.m., LPN (Licensed Practical Nurse) 4 indicated Resident 109 had displayed behaviors such as verbal aggression with the staff. Resident 109 would flip out over anything. When Resident 109 was first admitted to the facility the behaviors had been worse. When Resident 109 had behaviors, the staff would normally just leave him alone.
During an interview on 9/14/23 at 10:14 a.m., SSD (Social Services Director) 2 indicated she had not been aware of Resident 109 explosive behaviors prior to the incident between Resident 109 and Resident 119. Resident 109 had not been previously offered services the Psychiatric Nurse Practitioner. There had not been a care plan developed for Resident 109's explosive behaviors and new diagnosis of intermittent explosive disorder. A behavioral plan of care should have been developed.
2. The clinical record for Resident 119 was reviewed on 9/12/23 at 10:29 a.m. The Resident's diagnosis included, but were not limited to, intermittent explosive disorder, depression, opioid dependence, and alcohol dependence, in remission.
A Quarterly MDS (Minimum Data Set) Assessment, completed 6/26/23, indicated he was cognitively intact.
A care plan initiated 4/3/23 indicated Resident 119 had a history of substance use disorder related to history of drug and alcohol abuse. Alcoholics Anonymous and Narcotics Anonymous had been made available. The goal was for him to articulate the risks of continued alcohol use. The interventions included, but were not limited to, administer medications as ordered, initiated 4/3/23, educate resident and/or resident representative on following the prescribed treatment regime and leave of absence policy, initiated 4/3/23, evaluate him for symptoms such as nodding off while in mid conversation, incoherent speech/ slurred speech, erratic behavior, rambling, sweaty, unruly appearance and report to medical provider, initiated 4/3/23, offer emotional support regarding choices with treatment plan, initiated 4/3/23.
A care plan, initiated 5/30/23, indicated Resident 119 had a behavior problem of losing his temper easily, banging his arm on the desk, alcohol use, and verbal aggression. The goal was for him to have fewer episodes of behaviors. The interventions, initiated 5/30/23, were to administer his medication as ordered, approach and speak in a calm manor, behavioral health consults as needed, communicate with resident and resident representative regarding behaviors and treatment, encourage him to express his feelings, intervene as necessary to protect the rights and safety of others, monitor behavioral episodes and attempt to determine underlying causes, notify medical provider of increased episodes of behaviors, and praise him for any indication of progress in behaviors.
A Follow up Psych Med Management Visit note, dated 6/2/23, indicated staff documented that Resident 109 had been on a leave of absence and acted intoxicated with slurred speech and that his narcotic medications had been held after notifying the physician. Resident 119 had been moved after issues with his roommate. Resident 119 had displayed excessive outburst of anger and cursing with peers and staff.
A Follow up Psych Med Management Visit note, 6/29/23, indicated Resident 119 and a peer (Resident 109) had a verbal episode and Resident 119 had ended up with a nosebleed. Resident 119 had long history of substance use disorder, temper issues with staff, roommates and peers. Resident 119 had polysubstance abuse and had been using here off and on. It was hard to tell if he was intoxicated or coming off an agent. Resident 119 was encouraged to take the high road if arguments start and to leave the area. The plan was to encourage Resident 119 to return to his room when he felt angry. Resident 119 loved music.
A nursing progress note dated 8/26/23 at 11:04 p.m. by LPN 5 read .Resident [119] returned to facility very lethargic but easily aroused. Resident [119] had no shirt or shoes on and a small skin tear to the bottom of left foot. Moderated blood noted. Left food cleansed and secured with bandage. Resident resting in bed at this time with call light in reach. Will continue with current plan of care .
During an interview on 9/12/23 at 10:39 a.m., LPN 5 indicated she had cared for Resident 119 on the evening shift 8/29/23. LPN 5 was not sure if Resident 119 was intoxicated when he returned from leave of absence that night. LPN 5 had wondered if Resident 119 and his brother may have gotten into a tussle, it was hard to tell. LPN 5did not recall if she called the physician or if the physician had been informed the next day.
During an interview on 9/12/23 at 1:35 p.m., LPN 4 indicated the Resident 119 would go on leave of absence and come back intoxicated. Resident 119 would also go to the smoking area and upon returning would have increased behaviors such as yelling. Resident 119 had displayed behaviors such as hitting the nurses' station counter with such force that Resident 119 sustained a broken arm. LPN 4 had informed management of the behaviors and was told to continue to educate.
During an interview on 9/14/23 at 10:14 a.m., SSD (Social Services Director) 2 indicated Resident 119's behavior plan of care should have been updated after the incident with Resident 109 in the courtyard.
3. The clinical record for Resident 310 was reviewed on 9/12/23 at 1:45 p.m. The Resident's diagnosis included, but were not limited to, psychoactive substance abuse, opioid dependence, fractured right wrist and hand, fractured left femur, and accidental discharge from unspecified firearms or gun. He was admitted to the facility on [DATE] and discharged from the facility on 8/6/23.
Resident 310's clinical record contained a History and Physical Note from the admitting acute care hospital, dated 7/19/23, which read .Patient is a 25 yo[sic] male arrived to .ED[sic] after suffering multiple GSWs[sic] at a house known for drug consumption .Per EMS[sic] and patient he is positive for recent Meth[sic] use tonight .Takes Klonopin and Roxicodone recreationally .Polysubstance abuse- daily meth [sic] use- klonopin and [NAME][sic] recreationally- anticipated patient will be very difficult wean without agitation issues .
The clinical record contained the acute hospital's Discharge Information, dated 7/31/23, which read .Patient is currently homeless as he was living with his grandfather, but under house arrest .Meth [sic] daily since 2020 .
The clinical record contained the On-Boarding Clinical Evaluation which indicated Resident 310 was admitted to the acute care hospital on 7/19/23. The reasons for skilled nursing facility admission were wound care, IV (Intravenous) antibiotic therapy, ostomy care and physical and occupational therapy. The clinical synopsis of his hospital admission included his polysubstance abuse of daily meth use as well as klonopin and [NAME] (narcotic pain medication) recreationally, and marijuana daily.
The admission Initial Evaluation, dated 7/31/23 at 11:07 p.m., indicated was alert and oriented to person, place, and time. He had a history of substance use disorder.
The Baseline Care Plan, dated 7/31/23, indicated no behavior concerns.
A physician's order, dated 8/1/23, indicated Resident 310 was to receive Naloxone (opiate antagonist) liquid 4mg(milligram) per 0.1 ml (milliliter) in nostril as needed for opioid use upon signs of opioid overdose. May repeat in alternating nostrils every 2 to 3 minutes until resident responds or additional medical assistance arrives.
An Initial Psych Med Management Visit note, dated 8/3/23, indicated Resident 310 was seen as a new resident. Resident 310 had not been cooperative with the interview and had become defensive and hostile during the exam. Resident 310 had denied having a drug problem.
A nursing progress note, dated 8/3/23 at 5:37 p.m., read .patient was unresponsive in the courtyard [sic] was administered Narcan [Naloxone] times 2. vitals signs Stable. Patient refused a room search. Patient aroused became combative with staff pulled of his colostomy and threw it on the floor. Refusing to go the hospital. Patient is his own POA [sic] and did not want staff to notify anyone on his contact list. MD notified new order to hold all narcotics for 24 hours.
A social service progress note, dated 8/4/23 at 3:31 p.m., indicated the facility Drug and Alcohol Policy had been reviewed with Resident 310, who denied that he has used since his admission to the facility.
The clinical record did not contain a plan of care for Resident 310's substance use disorder.
During an interview on 9/13/23 at 9:45 a.m., LPN 6 indicated that if a resident had a history of SUD (substance use disorder), it was normally communicated through the hospital discharge paperwork. The staff were not normally informed of how recently the resident with a history of SUD had last used the substance. LPN 6 was unaware if any extra monitoring or interventions had been implemented for Resident 310 after he was given the Naloxone at the facility.
During an interview on 9/13/23 at 10:20 a.m., LPN 4 indicated she had been the nurse assigned to Resident 310's care on 8/3/23 during the day shift. LPN 4 had been made aware that Resident 310 had a history of SUD but was not aware that he was actively using methamphetamine prior to his admission to the acute care hospital on 7/19/23.
During an interview on 9/13/23 at 10:34 a.m., LPN 5 indicated that she had taken report from the acute care hospital when Resident 310 was admitted to the facility on [DATE]. During the report the acute care hospital had informed her that Resident 310 had a real bad drug problem and that when it was time for Resident 310 to discharge from the facility the police department was to be informed due to Resident 310 having active warrants due to the gunshot incident. LPN 5 had written out a report sheet and verbally informed the oncoming nurse of the report she was given. Due to the report she had received from the acute care hospital, she was not surprised that Narcan (Naloxone) had been administered to Resident 310.
During an interview on 9/13/23 at 11:15 a.m., the Director of Nursing indicated that she was not involved in the decision making process for potential admission. She had not been made aware of Resident 310's active drug history or of his need to have the police informed of his discharge from the facility prior to his admission on [DATE]. The nursing staff at the facility had not informed her of the information obtained in report from the acute care hospital about Resident 310 drug use and the need for police to be called upon discharge from the facility. She would have liked to have known prior to his admission.
During an interview on 9/14/23 at 11:29 a.m., SSD 1 indicated that normally, she does not have access to any hospital information prior to a resident's admission to the facility. SSD 1 was aware that Resident 310 had a history of SUD but was not made aware that he had actively been using illegal substances prior to his acute hospital admission. SSD 1 would have liked to have known prior to Resident 310's admission to the facility. SSD 1 was unable to assist with the care of resident's if she did not know the whole story. SSD 1
would have put a plan into place upon admission if she had known the accurate history.
On 9/12/23 at 2:32 p.m., the AIT (Administrator in Training) provided the current Behavior Management General policy which read .Policy: 1. It is the policy of the facility to identify and safely manage residents who are exhibiting behaviors related to psychiatric diagnoses or who may present a danger to themselves or others. 2. Resident will be provided with a resident centered behavior management plan to safely manage the resident and others. 3. Direct caregivers for residents who exhibit psychiatric, or dementia behaviors will receive in-service training on orientation, annually and as needed. Procedure: 1. Assess for problematic/ dangerous behaviors 2. Safety of the resident and others is a high priority .g. Problematic/ dangerous behaviors may include but are not limited to: i. Yelling/ screaming ii. Fighting
iii. cursing iv. arguing v. biting v1. posing a danger to self or others v11. threatening self or others .7. Complete a Care Plan a. Update with changes and/or new behaviors b. involve social service and activities department as appropriate c. review pharmacologic and non-pharmacologic interventions d. include resident specific interventions e. alert staff to changes f. discuss plan of care with resident and family .
On 9/12/23 at 2:32 p.m., the AIT provided the Resident Substance Abuse in Facility policy, last revised 11/9/22, which read .It is the policy of this facility to provide resident centered care that meets the psychosocial, physical and emotional needs and concerns of the residents. Safety is a primary concern for our resident, staff and visitors. The purpose of this policy is to provide guidance to the staff when substance use is confirmed or suspected in a resident and not intended to be a step-by-step procedure. Each resident will be provided care based on their individual medical and emotional needs and on their physical ability to self-perform or have assistance to perform the operation .The facility will safeguard the resident under the influence of illicit or illegal drugs to the extent possible, as well as provide a safe environment for other residents, staff, and visitors. This may include up to discharge of the substance abusing resident .
On 9/12/23 at 2:32 p.m., the AIT provided the current Baseline Care Plan / 48 Hour Care Plan policy, which read .The baseline or 48 hour Care Plan will include at a minimum: a. Healthcare information necessary to properly care for each resident immediately upon their admission .b. Identify need for supervision, behavioral interventions, and assistance with daily living .e. Provides for the resident's immediate health and safety needs .h. Includes Therapy and social services .