Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** The facility identified a census of 99 residents. The sample included 23 residents; five residents were reviewed for dementia (progressive mental disorder characterized by failing memory, confusion) care. Eighteen residents resided on the memory care unit. Based on observations, record review, and interviews, the facility failed to provide dementia care and services for Resident (R) 248 when the facility failed to identify and implement resident-centered interventions to address violent/aggressive behaviors, wandering, and negative resident-to-resident altercations which included physical aggression. The facility further failed to assess, identify, record, and respond to R248's specific behaviors, triggers, and past/present interests and activities in order to promote an environment which supported R248's individualized care needs. As a result of these failures, R248, who was allowed to roam freely on the memory care unit, was involved in multiple resident-to-resident altercations which created an unsafe living environment and resulted in intimidation, acute care evaluations, hospital transfers for R248 and the other memory care residents and serious resident injury on [DATE]. This deficient practice placed all 18 residents who resided on the memory care unit in Immediate Jeopardy.
Findings included:
- R248 admitted to facility on [DATE], transferred to memory care unit on [DATE], transferred to hospital [DATE], readmitted to facility [DATE], transferred to hospital [DATE], readmitted to facility [DATE], transferred to hospital [DATE], readmitted to hospital [DATE], and transferred to hospital [DATE].
The Diagnoses tab of R248's Electronic Medical Record (EMR) documented diagnoses of dementia with behavioral disturbance, anxiety disorder, psychosis (any major mental disorder characterized by a gross impairment in reality testing) not due to a substance or known physiological condition, impulse disorder (mental health disorder characterized by the inability to control impulsive urges that can lead to the harm of oneself or others), and cerebral infarction (cerebrovascular accident [CVA]- sudden death of brain cells due to lack of oxygen caused by impaired blood flow to the brain by blockage or rupture of an artery to the brain).
The Annual Minimum Data Set (MDS) dated [DATE], documented R248 had a Brief Interview for Mental Status (BIMS) score of three which indicated severe cognitive impairment. R248 had physical and verbal symptoms directed towards others that occurred one to three days during the lookback period, rejection of care that occurred one to three days during the lookback period, and wandering that occurred daily. R248 was independent with one staff with bed mobility, walking, and locomotion; supervision with one staff with transfers; extensive physical assistance with two staff for dressing; limited physical assistance with one staff for toileting and personal hygiene; and independent with setup help only with eating. The interview for daily and activity preferences was not conducted. R248 received antipsychotic (class of medications used to treat psychosis and other mental emotional conditions) and antidepressant (class of medications used to treat mood disorders and relieve symptoms of depression) medications six days, and antianxiety (class of medications that calm and relax people with excessive anxiety, nervousness, or tension) medications seven days in the seven-day lookback period.
The Delirium [sudden severe confusion, disorientation and restlessness] Care Area Assessment (CAA) dated [DATE], documented inattention and disorganized thinking were baseline for R248.
The Cognitive Loss/Dementia CAA dated [DATE], documented R248 had a diagnosis of dementia.
The Behavioral Symptoms CAA dated [DATE], documented R248 had regular behaviors; staff referred to the care plan.
The Care Plan dated [DATE], documented R248 resided on a secured unit due to his impulsivity and high risk for elopement (an incident in which a cognitively impaired resident with poor or impaired decision making ability/safety awareness leaves the facility without the knowledge of staff) and recorded R248 was encouraged to participate in all activities, frequently monitored for safety, and supervised/accompanied by staff when not on secured unit.
The Cognitive Impairment/Dementia Care Plan dated [DATE], directed R248 had impaired cognitive function/dementia related to CVA and directed staff administered medications as ordered, asked yes/no questions to determine R248's needs, and assisted R248 with decision making. It further directed staff monitored/documented/reported to medical doctor any changes in cognitive function, specifically changes in: decision making ability, memory recall and general awareness, difficulty expressing self, difficulty understanding others, level of consciousness, and mental status.
The General Behavior Symptoms Care Plan dated [DATE]and revised [DATE], directed R248 displayed behavioral symptoms such as refusing/resisting care, voiding in inappropriate areas, impulsivity, wandering, and physical aggression towards staff and residents. The Care Plan documented interventions, initiated [DATE], that directed staff gave psychoactive medication (drug or other substance that affects how the brain works and causes changes in mood, awareness, thoughts, feelings, or behavior) as ordered and recorded behavioral symptoms/side effects, intervened when inappropriate behavior was observed, and used interventions that addressed the abilities and needs reflected in the specific symptom or symptoms. The Care Plan documented an intervention, initiated [DATE], that staff offered redirection such as restroom, snack, coffee, going outside, and activities when R248 was seen wandering in other residents' rooms
The Physically Aggressive Behavior Care Plan initiated [DATE], documented R248 demonstrated physical aggression towards others and on [DATE] R248 had a physical altercation and was placed on one-to-one supervision until transported to the hospital for psychiatric evaluation. The Care Plan directed if R248 became physically abusive, staff attempted to calm R248 by explaining that ladies and gentlemen do not behave like this. We do not touch other people. If talking to R248 was unsuccessful in stopping the behavior, staff tried walking with R248 to a quiet area, away from other individuals. Staff intervened by speaking calmly and professionally in a soft tone of voice and avoided raising own voice which tended to make R248 more upset. R248 often believed that others were in his home and he needed to remove them from his house, staff reassured him that they were where they need to be, and he was safe.
R248's clinical record lacked an individualized Care Plan for activities.
The Documentation Survey Report for February 2022 to [DATE] revealed the following behaviors for R248: [DATE] day rejection of care; [DATE] day wandering; [DATE] wandering; [DATE] day rejection of care, wandering, pushing, yelling/screaming, kicking/hitting, abusive language, and threatening behavior; [DATE] day sexually inappropriate and rejection of care; [DATE] day wandering; [DATE] day threatening behavior; [DATE] day wandering; [DATE] day wandering; [DATE] day wandering; [DATE] day rejection of care, kicking/hitting, and threatening behavior; [DATE] night wandering; [DATE] day rejection of care and threatening behavior; [DATE] day wandering; [DATE] day yelling/screaming, wandering, and threatening behavior; [DATE] day rejection of care, wandering, abusive language, and threatening behavior; and [DATE] day wandering.
The Notes tab of R248's EMR revealed the following:
A Behavior Note on [DATE] at 08:01 AM documented R248 displayed behaviors through out the night, he refused to be redirected. A Certified Nurse Aide (CNA) attempted to get him to bed, he kicked the CNA, was difficult through the night, did not allow staff to provide cares, and yelled, swung his fists, and attempted to kick CNAs during cares.
A Behavior Note on [DATE] at 08:18 AM documented R248 continued to have behaviors was noncompliant with instructions and cares. He became quite aggressive, swinging, and yelling at staff, redirection was helpful at times.
A Behavior Note on [DATE] at 07:44 AM documented R248 displayed many behaviors on last two night shifts on [DATE] and [DATE]. He attempted to hit the nurse when asked for permission to take vital signs, he urinated on the couch in the day room, shredded his incontinence (lack of voluntary control over urination or defecation) products in the day room and hallway, and wandered into other residents' rooms and disturbed them. He was difficult to redirect due to the language barrier and his dementia.
A Behavior Note on [DATE] at 07:31 AM documented R248 was observed using the artificial tree in the day room as a bathroom. CNA attempted to redirect and R248 hit the CNA quite hard. R248 urinated in cups that were sitting in the day room and was quite difficult with staff. Other residents were in the day room and made comments related to R248's behaviors.
A Behavior Note on [DATE] at 07:50 AM documented R248 continued to have negative reactions when staff attempted to redirect him. R248 refused to get up from the couch, swung at staff. He wandered into other residents' rooms, redirection was difficult, and he would push or swing at staff. R248 urinated in any trash can he came across and two staff were needed to get him to bed due to his aggression.
A Behavior Note on [DATE] at 07:25 AM documented R248 wandered into other residents' rooms during the night and upset and woke some of the women. Three staff attempted to provide cares, R248 was unhappy and tried to swing at staff.
A General Progress Note on [DATE] at 05:20 PM documented CNA observed R248 standing in female occupied room. The two residents in the room explained to CNA that they were extremely frightened by R248 being in their room. R248 was redirected to bathroom then to living room due to not being able to stay in room without constant supervision.
A Communication with Family Note on [DATE] at 12:04 PM documented staff discussed with R248's family member the possibility of R248 moving back to the memory care unit and explained that the behaviors R248 exhibited made secured unit appropriate for him. His family member agreed that it was for his and others' safety to move him.
An Interdisciplinary Team (IDT) Note on [DATE] at 09:35 AM documented R248 had been adjusting well to memory care and his behaviors and combativeness had diminished. R248 was pleasantly confused, wandering at times, and was easily redirected. He was found in other residents' rooms and chairs at times but when notified he was not in his room, he easily moved to his own bed. He participated in activities periodically as he chose.
A General Progress Note on [DATE] at 06:05 AM documented R248 went into other resident's room and when asked to be assisted to his room, he got upset and became combative with staff. He spoke Spanish and when caregivers spoke to him in English, he got upset.
A Behavior Note on [DATE] at 03:53 PM documented R248 walked up to another resident and attempted to use other resident's cane. The other resident told R248 it was not his cane. The nurse observed R248 lift his hand in a fist at the other resident, the nurse removed R248 and gave him his own cane. No physical contact was made, no further behaviors noted.
A General Progress Note on [DATE] at 06:38 PM documented CNA reported to the nurse about an incident involving R248 and R48. R248 smacked R48 on his head. R48 was seated quietly on the recliner in the common room when it happened. Residents were separated to ensure safety and skin assessment performed on both residents, no physical bruising or injury noted.
A General Progress Note on [DATE] at 01:20 PM documented R61 stated R248 hit her with the cane on her lip, no witness to the incident. Staff assessment revealed a small skin tear on the left side of R61's lip. R248 was sent to hospital for psychiatric evaluation.
A General Progress Note on [DATE] at 04:55 PM documented R61 was seated in the dining room making rude hand gestures towards R248. R61 got up and walked towards R248, staff walked towards her and asked what she needed, she indicated she needed the bathroom. Staff indicated for R61 to follow them and positioned themself between R61 and R248 but R61 was able to pass the nurse and made contact with the back of R248's head with an open palm. Staff separated the two residents and with help from the nurse, R61 was removed from the situation and escorted to her room while nurse stayed with R248.
An Alert Note dated [DATE] T 03:30 PM recorded R248 wanted wants to use the cane that another resident used. The unidentified staff gave the cane back to the other resident. R248 became very aggressive and believed the cane belonged to him. The note recorded the cane was with R248 for the sake of peace. The note documented the other resident surrendered his cane to R248 because he did not want to fight for it.
A General Progress Note on [DATE] at 04:40 PM documented the nurse was doing rounds on the unit when they heard a resident hollering. Nurse looked up hallway and R248 was standing outside R61's room. The nurse and the aide, who communicated in Spanish, were able to get R248 to come away from the room and to the dining room. The aide told him that dinner was ready.
A Behavior Note on [DATE] at 11:55 PM documented another resident alleged R248 hit him. R248 was observed resting on his bed.
A General Progress Note on [DATE] at 10:02 AM documented while passing medications, a resident reported that R248 had hit him in the chest while in his own room. Staff checked on R248 and he was resting in his bed, R258 was frequently checked on throughout the shift.
An IDT Progress Note on [DATE] at 03:48 PM documented R248 required redirection twice as he entered other residents' rooms believing them to belong to him. Staff intervened and attempted to show him his own room. R248 was telling female residents to get out of his house, though he was in their room. Staff escorted him to the patio to spend some time in the fresh air and sunshine which was helpful to his mood.
A General Progress Note on [DATE] at 03:09 PM documented R248 was observed swinging at another resident without provocation, no contact was made. R248 threated to punch the CNA who tried to give him a shower, CNA claimed that R248 raised his fist while refusing to take a shower. One-on-one care initiated for the safety of R248 and others around him.
An IDT Progress Note on [DATE] at 06:09 PM documented R248 was denied financially by two psychiatric hospitals. For that reason, R248 was sent to hospital for psychiatric evaluation and treatment through the emergency room (ER). Continued one-to-one care at that time.
An IDT Progress Note on [DATE] at 03:56 PM documented R248 had increased behaviors over last 48 hours. He attempted to interrupt the maintenance personnel during their painting project with the fixed belief that he was meant to oversee that job. Staff attempted to show R248 his room in efforts to redirect him. R248 was determined that a female resident's room was his own. Nurse had reported that R248 refused his medication and was confrontational and agitated when interacting with the nurse.
A General Progress Note on [DATE] at 08:00 PM documented at approximately 06:45 PM, the nurse heard screaming in the unit from the management office. Upon entering the unit, she observed R249 standing in the hallway surrounded by multiple staff members, screaming that she had been assaulted. Per staff report, once they heard the screaming multiple staff members went into the hallway and approached R249 to ask what had occurred. R249 pointed toward R248 and accused him of hitting her in the back of her neck, no staff had witnessed R248 hitting R249 and he was not within arms reach of her when the staff came into the hallway. R249 was admitted to unit one and a half hours prior to the alleged incident and was upset, attempted to leave, and was very difficult to redirect upon admission. R249 stated that R248 came up behind her and hit her in the back of the neck and pointed to the bottom of her neck, directly between her shoulder blades. R248 unable to describe what had happened. New order to send R249 out to the ER for psychiatric evaluation due to unmanageable behaviors and potential danger to other residents. R249 was placed on one-on-one until transportation arrived and R248 was placed on one-on-one until R249 was transported.
An IDT Progress Note on [DATE] at 03:44 PM documented R248 required redirection from staff throughout most of the shift. He believed other neighbors were intruders in his home and wanted them to be removed. R248 was provided reassurance and redirection, monitored and closely supported during that time.
An Incident Note on [DATE] at 08:00 AM documented R248 sat at the dining room table while breakfast was served. Licensed Nurse (LN) H received reported from off-going nurse then began passing morning medications in the dining room. She noted R248 got up from his chair in the dining room at approximately 08:00 AM and proceeded down the hallway. Nurse continued passing medications in the dining room, a short time later she heard someone yelling stop and her name. She went down the hall to investigate. CNA M yelled she was in R32's room. As LN H approached R32's room, R248 came out of R32's doorway. CNA M stated that R32 and R248 were fighting. R248 was immediately placed on one-on-one with CNA M and LN H assessed R32. R32 laid in his bed with numerous injuries.
A Medical Professional Progress Note in R32's EMR dated [DATE] at 12:45 PM documented a follow up on R32's condition following an assault on [DATE]. The note documented R32 returned to the facility from the hospital R32 was found to have a concussion (brain injury caused by a blow to the head or a violent shaking of the head and body) and a left orbital fracture (a break in one of the bones surrounding the eyeball). The note recorded R32 laid in his bed with his blanket over head and answered yes and no questions. The note further recorded R32 stated he remembered the incident that occurred the previous day.
On [DATE] at 09:57 AM, Social Services X stated she was responsible for the activity care plan and every resident had an activity care plan. She stated the activity care plan was individualized to each resident with what they like or what the family tells her the resident likes.
On [DATE] at 01:59 PM, CNA M stated on [DATE], she was tending to another resident across the hall from R32's room. She walked out of the bathroom to get a pair of pants and looked across the hall to R32's room. She observed R32 holding a chair up, pining R248 against the wall. R32's face was already bleeding. CNA M had heard R248 had other altercations with other residents, but she had not witnessed any herself. She stated if R248 had behaviors, she tried to redirect him and get him to do anything else, he was not combative or violent with her but would draw back a fist sometimes since he used to be a boxer. CNA M stated staff tried to get R248 to participate I activities and played cards and interacted with the group. She stated any interventions after altercations were found in his care plan.
On [DATE] at 02:19 PM, LN H stated R248 had been suspected before of hitting other residents but there were no witnesses so unable to be proven. She stated typically, R248 did not have a lot of behaviors. R248 understood English but Spanish was his primary language so one of the Spanish speaking aides talked to him to see what was going on with him. LN H stated she did not feel like the staff had been able to keep residents safe from R248's behaviors, especially when he used his cane as he thought it was a weapon of sorts. She stated she did not see any changes from his previous psychiatric visits. R248 had incidents of violence and threatening people, he did not participate in activities but mostly sat and watched television (TV). LN H did not know if the care plan was updated after each altercation/incident.
On [DATE] at 03:20 PM, Administrative Nurse F stated on [DATE], staff came to get her and told her something had happened on the unit. Upon entering the unit, CNA M was standing in R248's doorway and R248 was sitting in his recliner. LN H told Administrative Nurse F the details of what happened. R32 had a scratch on the left side of his face and his eye was starting to swell so she got him an ice pack. R32 and R248 were kept separated until R248 was transported to the hospital for psychiatric evaluation. R248 liked to watch TV, staff provided him with snacks, did one-on-one talks with him about his boxing, and took him outside to the patio sometimes. Administrative Nurse F stated R248 was easily redirected and felt like staff were able to redirect him well enough to keep residents safe.
On [DATE] at 03:48 PM, Administrative Nurse D stated on [DATE], the CNA was assisting a resident across R32's room. R32 was yelling and holding a chair up trying to block R248 with the chair. CNA went up to the residents and removed the chair then called for help. R32 was already bloodied, the nurse tended to R32's injuries. CNA escorted R248 back to his room. R32 could not say what happened and R248 denied doing anything. The police, management, and the doctor were called, order for R248 to go out for psychiatric evaluation. Administrative Nurse D stated R32 was sent to ER for evaluation of his injuries. He stated the facility did not plan to accept R248 back at this time as it was not safe for the other residents on the memory care unit. Administrative Nurse D stated new interventions were put into place after each incident and updated on the care plan.
On [DATE] at 04:19 PM, Administrative Nurse D stated R248 was generally a mild person when he was around other residents. The intervention on his care plan for staff to talk to him was more for redirection, not education and R248 was receptive to the staff on the memory care unit. The plan for behaviors was to increase monitoring when residents needed redirection. R248 was a touchy person, he would go up to other residents and touch them gently on the shoulder. Administrative Nurse D stated he felt like the staff kept the residents safe on the unit. He stated if there was information to back up allegations then the facility would put something in place to prevent the likelihood of another incident, the biggest intervention was redirection and he felt there was enough staff to redirect and assist residents.
On [DATE] at 03:03 PM, CNA N stated she received dementia training and received in-services each month. She did not normally work on the memory care unit and had not received special dementia training. CNA N stated all dementia interventions were the same for all residents and she had received training on behaviors.
On [DATE] at 03:08 PM, Social Services X stated dementia care plan basics were populated and staff could go in and add specific things for some residents. If a resident had behaviors, those interventions were on the behavior focus care plan. Social Services X stated during clinical meeting, the team discussed behaviors, determined root cause, and put new interventions in place for behaviors. R248 used to join activities, he liked going outside, liked to be alone, sat in his recliner in his room, and watched Spanish channels on TV. She stated CNAs accessed behavior interventions through EMR which included interventions if a resident was escalating.
On [DATE] at 03:47 PM, LN G stated she received dementia training during in-services and was taught how to communicate with dementia residents. She stated she would look on the resident's care plan for specific interventions for dementia or behaviors and the social worker developed the individualized care plan for activities, dementia, and behaviors. She stated different interventions work on different residents so interventions on the care plan were usually specific to each resident. LN G stated R248 was difficult to redirect, snacks were not very helpful. She stated she had to use the interpreter and even then, most of what R248 said was jumbled and make sense some of the time.
On [DATE] at 04:19 PM, Administrative Nurse D stated dementia training was received initially in orientation then in monthly in-services. If someone had not worked the memory care unit before, they received additional training. He stated interventions were set up in the EMR for CNAs regarding dementia and were individualized for each resident. Administrative Nurse D stated the care plans had general interventions for all residents, if a behavior was recurring then staff added specific interventions for that behavior. He stated the care plan was revised after any incident.
The facility's Programming for Residents with Cognitive Impairments and Other Special Needs policy, revised [DATE], directed activity programs were provided for the maintenance and enhancement of each resident's quality of life while promoting physical, cognitive, and emotional health. The facility offered meaningful programs for residents with cognitive impairments that us reality and sensory awareness techniques.
The facility's Activity Programs policy, revised [DATE], directed activity programs were designed to meet the interests of and support the physical, mental, and psychosocial well-being of each resident. Activities offered were based on the comprehensive resident-centered assessment and the preferences of each resident. Activity programs were designed to encourage maximum individual participation and are geared to the individual resident's needs. Residents are encouraged, but not required, to participate in scheduled activities.
The facility did not provide a policy on dementia care upon request.
The facility failed to provide dementia care and services for R248 to address violent/aggressive behaviors, wandering, and negative resident-to-resident altercations which included physical aggression. The facility further failed to assess, identify, record, and respond to R248's specific behaviors, triggers, and past/present interests and activities in order to promote an environment which supported R248's individualized care needs. As a result of these failures, R248, who was allowed to roam freely on the memory care unit, was involved in multiple resident-to-resident altercations which created an unsafe living environment and resulted in resident injury, intimidation, acute care evaluations, and recurrent hospital transfers for R248 and other memory care residents. This deficient practice placed all 18 residents who resided on the memory care unit in Immediate Jeopardy.
The facility completed the following corrections by [DATE]:
R248 discharged to an acute care facility.
All resident to resident altercations on the memory care unit were reviewed to ensure appropriate interventions added to residents' plan of care.
All applicable interventions related to resident behaviors and dementia behavioral symptoms were linked to the [NAME].
A root cause analysis was completed for all resident to resident behaviors on the memory care unit.
The facility staff reviewed memory care residents for activity assessments and evaluations.
The facility policy admission Criteria for Memory Care Program was updated.
Inservice and education was provided to staff on resident management process, root cause analysis for behavioral symptoms and dementia training.
The deficiency was cited as past noncompliance.