Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Resident #6 (R6)
Review of the medical record revealed R6 admitted to the facility on [DATE] and readmitted on [DATE] with diagnoses that included acute respiratory failure with hypoxia, cerebral infarction, dysphagia, protein-calorie malnutrition, diabetes, chronic obstructive pulmonary disease, and epilepsy. The Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 7/26/23 revealed R6 scored 9 out of 15 (moderate cognitive impairment) on the Brief Interview for Mental Status (BIMS-a cognitive screening tool). R6 had an activated durable power of attorney for healthcare (DPOAH).
On 10/23/23 at 3:31 PM, R6 was observed lying in bed.
Review of the Michigan Physician Orders for Scope of Treatment (MI-POST), revealed R6's DPOAH chose for R6 to be a Do Not Resuscitate (DNR) and signed the form on 8/8/23.
Review of the medical record revealed R6 did not have a DNR order refelctive of the Michigan Do Not Resuscitate Procedure Act.
Based on observation, interview, and record review, the facility failed to ensure accurate advance directive information was in place for three Residents (R6, R9, and R10) of three Residents reviewed for advance directives (legal documents that allow a person to identify decisions about end-of-life care ahead of time), resulting in the potential for a resident's preferences for medical care to not be followed by the facility, or other healthcare providers.
Findings Include:
Review of the MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT, Act 193 of 1996 (Revised 3-25-14), revealed, An order executed under this section shall be on a form described in section 4. The order shall be dated and executed voluntarily and signed by each of the following persons:
(a) The declarant, the declarant's patient advocate, or another person who, at the time of the signing, is in the presence of the declarant and acting pursuant to the directions of the declarant.
(b) The declarant's attending physician.
(c) Two witnesses [AGE] years of age or older, at least 1 of whom is not the declarant's spouse, parent, child,
grandchild, sibling, or presumptive heir.
(3) The names of all signatories shall be printed or typed below the corresponding signatures. A witness shall not sign an order unless the declarant or the declarant's patient advocate appears to the witness to be of
sound mind and under no duress, fraud, or undue influence.
Further review of this Act revealed, Sec. 4. A do-not-resuscitate order executed under section 3 or 3a shall include, but is not limited to, the following language, and shall be in substantially the following form:
DO-NOT-RESUSCITATE ORDER
This do-not-resuscitate order is issued by _______________________________________, attending physician for _________________________________________. (Type or print declarant's or ward's name)
Use the appropriate consent section below:
A. DECLARANT CONSENT
I have discussed my health status with my physician named above. I request that in the event my heart and breathing should stop, no person shall attempt to resuscitate me. This order will remain in effect until it is revoked as provided by law. Being of sound mind, I voluntarily execute this order, and I understand its full import. _______________________________________ _______________
(Declarant's signature) (Date)
_______________________________________ _______________
(Signature of person who signed for (Date) declarant, if applicable)
_______________________________________
(Type or print full name)
B. PATIENT ADVOCATE CONSENT
I authorize that in the event the declarant's heart and breathing should stop, no person shall attempt to resuscitate the declarant. I understand the full import of this order and assume responsibility for its execution. This order will remain in effect until it is revoked as provided by law.
_______________________________________ _______________
(Patient advocate's signature) (Date)
_______________________________________
(Type or print patient advocate's name)
C. GUARDIAN CONSENT
I authorize that in the event the ward's heart and breathing should stop, no person shall attempt to resuscitate the ward. I understand the full import of this order and assume responsibility for its execution. This order will remain in
effect until it is revoked as provided by law.
_______________________________________ _______________
(Guardian's signature) (Date)
_______________________________________
(Type or print guardian's name)
_______________________________________ _______________
(Physician's signature) (Date)
_______________________________________
(Type or print physician's full name)
ATTESTATION OF WITNESSES
The individual who has executed this order appears to be of sound mind, and under no duress, fraud, or undue influence. Upon executing this order, the declarant has (has not) received an identification bracelet.
______________________________ ______________________________
(Witness signature) (Date) (Witness signature) (Date)
______________________________ ______________________________
(Type or print witness's name) (Type or print witness's name)
THIS FORM WAS PREPARED PURSUANT TO, AND IS IN COMPLIANCE WITH, THE MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT.
Resident #9
Review of the Face Sheet and Minimum Data Set (MDS) dated [DATE], reflected R9 was a [AGE] year old female admitted to the facility on [DATE], with diagnoses that included recent fall with fracture left clavicle and ribs, urinary tract infection, and respiratory failure. The MDS reflected R9 had a BIM (assessment tool) score of 14 which indicated her ability to make daily decisions was cognitively intact, and she required two person physical assist with bed mobility, transfers, toileting, dressing, and one person physical assist with walking in room and corridor, hygiene, and bathing.
During an observation and interview on 10/23/23 at 11:35 AM, R9 was sitting in her room and appeared well groomed, calm and able to answer questions without difficulty.
Review of the Michigan Physician Orders for Scope of Treatment (MI-POST), revealed R9 chose to be a Do Not Resuscitate (DNR) and signed the form on 9/15/23.
Review of the medical record revealed R9 did not have a DNR order reflective of the Michigan Do Not Resuscitate Procedure Act.
During an interview on 10/23/23 at 4:28 PM, Social Worker (SW) I reported they had worked at the facility for about 6 months. SW I reported they met with new admission residents within 36 hours of admission and would expect resident or responsible party to complete an MI-POST which included two witness signatures if a resident wished to be a Do Not Resuscitate(DNR). SW I verified R9 MI-POST indicated DNR with no witness signatures. SW I reported facility started to use new MI-POST document recently and did not notice form did not have spot for two witness signatures. SW I reported MI-POST form recently went live and verified date of form was 8/22 from MDHHS-5836. SW I reported new form used due to administrative changes to the document to provide a clearer understanding. Director of Nursing (DON) B joined the interview and reported the facility planned training for next month for the new (MI-POST) form that just went live and referenced email guidance. SW I reported R9 did not have a DNR Physician order other than the MI-POST form.
On 10/24/23 at 9:15 AM, review of the provided MI-POST guidance reflected, Members should be aware that a validly executed MI-POST may be used as a medical order in an assisted living community. Residents admitted to a skilled nursing facility with an active MI-POST are advised to also complete a Michigan Do Not Resuscitate Form . Review of the link on the provider guidance for frequently asked questions included, Q: How is a MI-POST different from a Michigan Out of Hospital Do-Not-Resuscitate form? A: A MI-POST is intended only for adults who may have advanced illness or frailty with a life expectancy of 1 year or less. A Michigan Out of Hospital Do-Not Resuscitate form is intended for adults, or minors with advanced illness, with a life expectancy greater than 1 year .MDHHS MI-POST website.
During an interview on 10/24/23 at 9:43 AM, SW I verified R9 did not have a physician signed DNR order.
Resident #10
Review of the Face Sheet and Minimum Data Set (MDS) dated [DATE], reflected R10 was a [AGE] year old male admitted to the facility on [DATE] and re-admitted to the facility on [DATE] and 10/17/23 related to acute urinary tract infections and inflammatory reaction due to indwelling urethral catheter, with other diagnoses that included recent fall with fracture left hip, urinary retention, macular degeneration, respiratory failure, acute renal failure, and weakness. The MDS reflected R10 had a BIM (assessment tool) score of 14 which indicated his ability to make daily decisions was cognitively intact.
During an observation and interview on 10/23/23 at 9:15 AM, R10 was observed laying in bed wearing hospital pants and had some difficulty answering questions.
Review of the Michigan Physician Orders for Scope of Treatment (MI-POST), revealed R10 chose to be a Do Not Resuscitate (DNR) and signed the form on 7/6/23.
Review of the medical record revealed R10 did not have a DNR order reflective of the Michigan Do Not Resuscitate Procedure Act.
During an interview on 10/23/23 at 4:56 PM, SW I verified R10 had an older version MI-POST form which indicated R10 wished to be DNR. SW I verified R10 was DNR and that he was own responsible person. SW I reported facility had an Interdisciplinary (IDT) team that met weekly to discuss resident plans including any changes in code status. SW I reported the facility did not do quarterly Care Conferences because the IDT team met weekly to discuss each resident . SW I then stated she meets with resident and family to discuss care planning discussed at IDT meeting.
During an interview on 10/24/23 at 9:43 AM, SW I verified R10 did not have a physician signed DNR order.