Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, record review, and facility policy review, the facility failed to monitor, review, and evaluate their Quality Assessment and Assurance (QAA) plan to identify and document the resident's Advance Directive choice for code status. During the initial recertification survey on [DATE] to [DATE], the State Agency (SA) identified the facility's failure to honor Resident #74's Do No Resuscitate (DNR) code status, on [DATE], when the resident was found unresponsive, and without a pulse and respirations. The facility staff initiated Cardiopulmonary Resuscitation (CPR), which continued for five (5) minutes until the Fire Department arrived and reviewed the resident's medical record which revealed the DNR code status. Resident #74 was never revived and announced deceased at the facility. The SA also identified inaccurate code status documented for Resident #31 and #64 on re-entrance on [DATE] to extend the survey to [DATE]. This concern was identified for three (3) of 78 (facility's census at time the SA re-entrance) resident code statuses reviewed.
The SA identified an Immediate Jeopardy (IJ) on [DATE], due to the facility's failure to ensure accurate and consistent information regarding resident code status to use in emergency situations. The QAA review showed the QAA committee was not aware of this systemic issue, and the QAA committee was not monitoring facility practices related to accurate and consistent communication of resident's Advance Directives regarding code statuses. The facility's QAA met on [DATE] to discuss the facility's policy and procedure related to the code status for each resident. A plan of action was implemented to ensure all licensed nurses were in-serviced on honoring Resident's Rights and the right to choose a code status. The Director of Nurses (DON) provided an in-service, on [DATE], to all licensed nurses on honoring resident's rights, the right to choose a code status, and CPR policies. On, [DATE], the Assistant Director of Nurses (ADON) reviewed all resident code status records in each resident's paper chart and compared that review to all of the resident's electronic health records, for a total of 77 records. The result was 55 residents were DNRs, and 22 were full code status. On [DATE], the SA identified inaccurate code statuses for Resident's #31 and #64.
The facility's failure to monitor the QAA's corrective plan to ensure the residents' Advance Directive regarding code status was accurate, placed Resident #74, #31, #64 and other residents with a DNR code status at risk for serious injury, harm, impairment or death.
The facility Administrator was notified of the IJ on [DATE] at 12:05 PM.
The State Agency (SA) received an acceptable Immediate Jeopardy Removal Plan on [DATE], in which the facility alleged that all corrective actions were completed as of [DATE], and the Immediate Jeopardy was removed on [DATE].
The SA determined the IJ was removed on [DATE], prior to the SA's exit on [DATE].
Findings include:
Review of the facility's Quality Assessment & Assurance (QAA) policy, dated 01/2019, revealed it is this facility's policy to develop, implement, and maintain an effective, comprehensive, data-driven QAA program that focuses on outcomes of care, promotes individual choice and the improvement in quality of life. The QAA Committee shall be interdisciplinary and shall consist at a minimum of: The Administrator, The Medical Director, The Director of Nursing, Infection Control Prevention Officer, two facility staff. The QAA Committee will: Conduct scheduled monthly meeting. Develop and implement appropriate plans of action to correct identified quality concerns and deficiencies. Participate in development, implementation and monitoring of the facilities written QAPI Plan. Regularly review and analyze performance data, including data collected under the QAPI (Quality Assurance and Performance Improvement) program, Infection Reports, Pharmacy, Psychological Reports, and recommendations. Identify issues with respect to which quality assessment and assurance activities, including performance improvement projects under the QAPI program are necessary. Act on available data to make corrections or improvements. Review and evaluate all filed and completed grievances. Adverse events will be monitored in accordance with established procedures based on the type of adverse event. The data related to adverse events will be used to develop activities to prevent them.
On [DATE] at 2:39 PM, an interview with the Administrator revealed the facility held monthly QAA meetings. The Administrator stated new areas of concern are identified and a plan of correction is established. The Administrator stated the plan of correction included goals for resolutions. The Administrator stated old concerns are discussed for current status and if changes are needed. The Administrator revealed the concerns are identified from complaints/grievances, nursing reports, and general reporting by families, staff, and/or residents.
Resident #74
The facility failed to monitor a plan of correction established by the facility's QAA regarding the resident's Advanced Directives regarding their code status was honored and documented correctly in the medical record. As a result per review of Resident #74's Progress Notes-Nursing Notes, dated [DATE] at 9:18 PM, revealed a note at 7:28 PM documented Resident #74 was found by staff unresponsive and without a pulse or respirations. The staff initiated CPR. (Resident #74 was a Do Not Resuscitate (DNR) code status). The Emergency Medical System (EMS) was notified at 7:30 PM. The Fire Department arrived at 7:35 PM and checked the resident's chart and it was discovered at that time the resident was a DNR. The CPR was performed for five (5) minutes, until the Fire Department instructed the CPR to be stopped. Resident #74 was not revived and was pronounced deceased at 7:42 PM. The facility staff failed to check Resident #74's code status prior to initiating CPR.
Review of Resident #74's Care Plan, dated [DATE], revealed the resident was a DNR code status.
Review of Resident #74's Physician's Orders revealed an order, dated [DATE], for a DNR code status.
Review of Resident #74's Advance Directive, dated [DATE], revealed the resident and her daughter had elected a DNR code status.
An interview with Registered Nurse (RN) #1/Supervisor, on [DATE] at 3:24 PM, revealed she did not ask anyone to get Resident #74's chart to check the code status. RN #1/Supervisor confirmed the code status was not identified until the Fire Department personnel asked for the chart. RN #1 said she had been in-serviced regarding the location of the residents' code status, but everything happened so fast, and before she knew it the Fire Department was there. RN #1/Supervisor stated RN #5 and Licensed Practical Nurse (LPN) #2 initiated CPR, and when she entered the room, she instructed another Certified Nursing Assistant (CNA) to call 911.
An interview with RN #5/Charge Nurse, on [DATE] at 3:30 PM, revealed she did not ask anybody to get the chart to identify Resident #74's code status. RN #5/Charge Nurse said she did not ask anybody to get the chart because she thought RN #1/Supervisor had checked the chart for the code status. RN #5 said she was called into the room by a CNA. RN #5/Charge Nurse said she provided chest compressions and LPN #2 provided mouth to mouth breathing.
Licensed Practical Nurse (LPN) #2 was interviewed on [DATE] at 3:59 PM. LPN #2 revealed she did not ask anybody to get the chart because she thought RN #5/Charge Nurse checked Resident #74's chart for the code status. LPN #2 confirmed she did assist RN #5/Charge Nurse with resuscitating Resident #74. LPN #2 revealed she had been trained where the code status was located in the resident's chart.
On [DATE] at 5:52 PM, an interview with the Director of Nursing (DON), confirmed, on [DATE], Resident #74 was found unresponsive and with no pulse or respirations. The DON confirmed Resident #74 was a DNR, and CPR was initiated by the facility staff until the Fire Department arrived and discovered the resident was a DNR. The DON revealed CPR was performed for five (5) minutes until the Fire Department's discovery of the DNR code status. The facility staff did not check the resident's chart to ensure the code status was identified and honored.
Review of the facility's Quality Assessment and Assurance (QAA) sign in sheets dated [DATE], [DATE], [DATE], [DATE], [DATE] and [DATE] revealed the Medical Director, Administrator, Director of Nurses, Quality Assurance Nurse, Activity Director, Dietary Manager, Infection Preventionist, Social Worker, Minimum Data Set and Assistant Director of Nursing attended the QA meetings. The meeting on [DATE] had a typed note attached stating, Discussed policy and procedure related to code status. Discussed implementation and in-serving staff on policy and procedure related to code status. The [DATE] notes addressed the discussion of (citation tag number), in-services conducted on resident code status, mock code drill with no issues identified. Discussed policy and procedure related to communication of code status, with no changes made. Discussed the facility's action plan to include audits of residents' code status, and all findings will be reported to QAPI.
Review of the facility's In-Service Attendance Record, dated [DATE], revealed the staff was trained on honoring Resident/family right to choose CPR and code status. Further review of the facility's In-Service Attendance Records revealed the facility provided a training titled, Initiating CPR/Code Status to the licensed nurses, on [DATE].
An interview, on [DATE] at 11:53 AM, revealed the Administrator confirmed the QAA committee failed to monitor their corrective actions to make sure all the resident's code status was correct. The Administrator also stated the system failed because their checks and balances did not work. The Administrator confirmed the system the QAA interdisciplinary team put in place was not successful. The Administrator stated the facility had a QAA meeting, on [DATE], and discussed Resident #74's DNR code status. The Administrator stated the QAA committee considered this as a high risk situation and should be taken care of immediately. The Administrator stated the only thing the disciplinary team implemented during the meeting was to in-service the supervisors on where to locate the resident's code status and to perform a mock code. The Administrator stated the Quality Assurance (QA)/Infection Nurse schedules the QAA meetings monthly and as needed. The Administrator also stated the RN supervisors were in-serviced immediately on all shifts on how to locate the resident's code status in the chart, computer and Kiosk. The Administrator reported the RNs involved in the incident with Resident #74 did not receive any disciplinary actions from the facility. The Administrator stated the Assistant Director of Nursing (ADON) was responsible for checking the Physician's Orders, Quick Reference Sheet and the Medication Administration Records (MARS) to make sure the code statuses matched. The ADON was also responsible for monitoring all resident's code status. The Administrator said LPN #5 was the acting QA/Infection Control Nurse, and was responsible for checking behind the ADON to make sure the resident's code status was updated.
Review of the facility's In-Service Attendance Record, dated [DATE], revealed the signatures of RN #1 and #5, regarding Code Status Simulation.
On [DATE] at 12:22 PM, an interview with the ADON revealed Resident #74's DNR status was not honored due to the nurses did not check her code status which was on the chart, the physician's orders, and the Medication Administration Record (MAR).
Review of the admission Record revealed Resident #74 was admitted by the facility, on [DATE], with the included diagnoses of Cardiomyopathy, Cardiomegaly, Tachycardia, Pulmonary Disease, Heart Failure, and Chronic Atrial Fibrillation.
A review of Resident #74's Quarterly Minimum Data Set (MDS), with an Assessment Reference Date (ARD) of [DATE], revealed Resident #74 had a Brief Interview for Mental Status (BIMS) score of 14, which indicated the resident was cognitively intact.
Resident #31
Review of Resident #31 Quick Reference Sheet revealed Resident #31 was a Full Code. Review of the chart and current Electronic Physician's Orders revealed Resident #31 had elected to have a DNR code status.
On [DATE] at 12:16 PM, an interview with LPN #5/Interim QA Nurse, revealed she did not know what happened with Resident #31's DNR code status not being on the Quick Reference Sheet. LPN #5 confirmed Resident #31 was a DNR, and should have been identified as such. LPN #5 stated she had only checked the new admissions since the last survey because all of the other charts had been checked.
Resident #64
Review of Resident #64's Quick Reference Guide report sheet, revealed Resident #64 was listed as a DNR code status. Review of the current Physician's Orders revealed there was no code status order for a DNR. Further review revealed there was no code status on the Medication Administration Record (MAR). This is an additional check for code status for the facility. The MAR did not indicate a DNR because the nurse deleted it on the Physician's Orders which could have resulted in CPR being initiated instead of a DNR.
An interview, on [DATE] at 11:53 AM, revealed the Administrator confirmed Resident #64's DNR code status was deleted from the electronic record by mistake. The Administrator stated LPN #1 deleted the DNR order instead of a medication. The Administrator confirmed this was not found until the SA discovered it and reported the finding to them on [DATE]. The Administrator reported the facility ran a report of discontinued orders and found that LPN #1 discontinued the DNR order for Resident #64 on [DATE]. A medication order should have been discontinued instead of Resident #64's code status.
An interview, on [DATE] at 11:45 AM, with LPN #1, revealed she clicked on the wrong thing in the computer. LPN #1 confirmed she clicked on DNR instead of a medication she was trying to delete. LPN #1 did not realize the mistake until LPN #4 revealed it to her.
On [DATE] at 12:16 PM, an interview with Licensed Practical Nurse (LPN) #5 revealed she didn't know what happened with Resident #64's code status being incorrect. LPN #5 stated she missed it. Resident #64's DNR code status was deleted on the Electronic Record.
During an interview, on [DATE] at 4:20 PM, LPN #6 revealed the nurses were trained to find the resident's code status on their Quick Reference Sheet, on the MARs, the bright red sheet at the nurse's station and crash cart. LPN #6 also said the ADON updates them monthly and with new admits or changes in the resident's code status.
During an interview with LPN #7, on [DATE] at 4:45 PM, she revealed the nurses are trained to find the resident's code status on top of the MARs, Quick Reference Sheet, the red sheet at the nurses' station and crash cart. LPN #7 also said she thought the ADON updated them. LPN #7 stated the nurses write changes on their report sheet and turn it in at the end of the shift.
An interview, on [DATE] at 12:22 PM, revealed the ADON said she was responsible for checking the resident's code status and making sure there's a written order in the Electronic Record and on the MAR. The ADON also confirmed the facility was not aware of the nurse deleting the resident's Code status until the SA discovered it. The ADON also stated if Resident #31 and Resident #64 conditions would have changed, both residents potentially could have had Cardiopulmonary Resuscitation (CPR) done, which could possibly cause pain from broken ribs and or resident being placed on a ventilator.
This is the facility's accepted Immediate Jeopardy Removal Plan:
Summary of events:
The State Agency notified [NAME] Gardens Nursing Center on [DATE]th, 2020 at 12:05 P.M. of the immediate jeopardy and substandard quality of care for Residents #74, #31, and #64. The Facility failed to honor Resident #74's advance directive for a do not resuscitate (DNR) code status, failed to honor the Resident's Rights for Advance Directive, failed to follow the care plan for a DNR code status and failed to prevent a potential negative outcome by initiating Cardiopulmonary Resuscitation (CPR). Resident #74 was found pulseless on [DATE]th, 2019 at 7:28 PM by RN #1 who initiated Cardiopulmonary Resuscitation (CPR) for a total of five minutes. CPR was discontinued when emergency services arrived and notified RN #1 of Resident#74's DNR code status. RN #1 failed to follow the policy and procedures in place to identify Resident #74's code status. The State Agency notified the facility on [DATE]th, 2020 at 3:30 PM that Resident #31's code status was documented incorrectly on the Report Sheet and Resident #64's code status was not in the Electronic Health Record, according to their wishes which could have likely caused harm for Residents #31 and #64. The facility failed to follow policy and procedure to identify the correct code status for Residents #74, #31, and #64.
Facility action plan:
1. The Director of Nursing (DON) conducted an in service on [DATE]th, 2019 at 2:30 PM to include return demonstration of a mock code drill, communication of code status policy and review of CPR policy with Registered Nurse (RN) #1 and RN #2. No concerns were identified. No disciplinary action for RN #1 or RN #2 occurred.
2. On [DATE]th, 2019 Care Plan Nurse conducted in services from 7:30 AM to 5:30 PM on initiating CPR and how to identify resident code status.
3. On [DATE]th, 2019 at 1:30 PM the Director of Nursing in serviced all licensed nurses on honoring residents' rights, the right to choose code status and CPR policies.
4. On [DATE]th and 30th, 2020 the owner of the facility conducted an in service starting at 1:30 PM on [DATE] and ending at 3 PM on [DATE]th, 2020 to discuss the advance directive protocol for determining code status, location of code status, policy and procedure related to communication of code status with all licensed nurses.
5. On [DATE] the Assistant Director of Nursing (ADON) reviewed all code status records in each resident's paper chart and compared all resident's electronic health record to ensure all code status orders were being followed to prevent any adverse events. A total of 77 records were reviewed with no discrepancies. The findings were 55 DNR and 22 full code status.
6. On [DATE]th, 2020 at 12:05PM, the State Agency identified concerns for code status on Resident #64 which was not in the Electronic Health Record orders and Resident #31 which was incorrectly listed on the Report Sheet. Care Plan Nurse found that Resident #64's order had been discontinued by Licensed Practical Nurse (LPN) #1 and the order was reentered into the Electronic Record. Resident #31's order was recorded incorrectly on the Report Sheet. The Report Sheets with code status were immediately removed from the nursing station. The audit completed on [DATE] by Care Plan Nurse, ADON and Restorative Nurse found all paper charts and Electronic Health Records were 100% in compliance. to prevent any future adverse events or outcomes.
7. The Quality Assurance team met on [DATE]th, 2019 at 8 A.M. to discuss the policy and procedure related to the code status of each resident. The Quality Assurance team that met was the Director of Nursing, Medical Director, Administrator, Infection Control Preventionist (ICP), Quality Assurance (QA), Licensed Social Worker, Certified Recreational Therapist, Medical Records Nurse, Certified Dietary Manager, ADON, and Care Plan Nurse. A plan of action was implemented at this time to ensure that all licensed nurses were in serviced on honoring Residents' Rights and the right to choose a code status.
8. The Quality Assurance team met on [DATE]th, 2020 at 1:40 P.M. to discuss the negative outcome and failure to implement and follow policy and procedure related to the code status of each resident. The Quality Assurance team that met was the Director of Nursing, Medical Director, Administrator, Infection Control Preventionist, Quality Assurance, Owner of facility, Nurse Practitioner Clinician, Certified Recreational Therapist, Certified Dietary Manager, Dietitian, Assistant Director of Nursing, Licensed Social Worker, Restorative Nurse, Minimum Data Set Nurse, Clinical Liaison Nurse, Medical Records Nurse and Care Plan Nurse. A plan of action was implemented at this time to ensure that all licensed nurses were in serviced on the advance directive protocol for determining code status. All resident charts were audited to ensure no discrepancies between the electronic health record, orders, and the paper chart. The Quality Assurance team reviewed the audit and found the charts were 100% compliant. The Policies of Communication of Code Status and Cardiopulmonary Resuscitation Procedure policies was reviewed, and no revisions were required. A Quality Assurance Performance Improvement plan was discussed, developed and implemented. The Communication of Code Status Policy states that the nurse who notes the physician order is responsible for communicating the directions in all relevant sections of the medical record.
No staff will be allowed to work at the facility prior to receiving in service training on facility policy and procedure on identifying code status with understanding expressed by staff member.
The facility alleges the immediate jeopardy was removed on [DATE].
On [DATE], the State Agency (SA) validated the facility's Removal Plan by staff interviews, record reviews, review of in-service sign-in sheets, and review of documents across all disciplines. The SA verified the facility had implemented the following measures to remove the IJ:
1. The SA validated through record review of the sign-in sheets and interview with the Director of Nursing (DON) that the facility conducted an in service on [DATE]th, 2019 at 2:30 PM to include return demonstration of a mock code drill, communication of code status policy and review of CPR policy with RN #1 and RN #2. No concerns were identified. No disciplinary action for RN #1 or RN #2 occurred.
2. The SA validated through record review of the in-service sign-in sheets and interview with the Care Plan Nurse that on [DATE]th, 2019 Care plan Nurse conducted in services from 7:30 AM to 5:30 PM on initiating CPR and how to identify resident code status.
3. The SA validated through record review of the sign-in sheets and interview with the DON that the facility conducted an in-service on [DATE]th, 2019 at 1:30 PM, by the Director of Nursing, to all licensed nurses on honoring residents' rights, the right to choose code status and CPR policies.
4. The SA validated through record review of the in-service sign-in sheets and interview with the facility owner that on [DATE]th and 30th, 2020, the owner of the facility conducted an in service starting at 1:30 PM on [DATE] and ending at 3 PM on [DATE]th, 2020 to discuss the advance directive protocol for determining code status, location of code status, policy and procedure related to communication of code status with all licensed nurses.
5. The SA validated by interview of the ADON that on [DATE] the ADON reviewed all code status records in each resident's paper chart and compared all resident's electronic health record to ensure all code status orders were being followed to prevent any adverse events. A total of 77 records were reviewed with no discrepancies. The findings were 55 DNR and 22 full code status.
6. The SA validated by record review and staff interviews, on [DATE]th, 2020 at 12:05 PM, the SA identified concerns for code status on Resident #64 which was not in the Electronic Health Record orders and Resident #31 which was incorrectly listed on the Report Sheet. The Care Plan Nurse found that Resident #64's order had been discontinued by LPN #1 and the order was re-entered into the Electronic Record. Resident #31's order was recorded incorrectly on the Report Sheet. The Report Sheets with code status were immediately removed from the nursing station. The audit completed on [DATE] by the Care Plan Nurse, ADON and Restorative Nurse found all paper charts and Electronic Health Records were 100% in compliance. to prevent any future adverse events or outcomes.
7. The SA validated by interviews the Quality Assurance team met on [DATE]th, 2019 at 8 A.M. to discuss the policy and procedure related to the code status of each resident. The Quality Assurance team that met was the Director of Nursing, Medical Director, Administrator, Infection Control Preventionist (ICP), Quality Assurance (QA), Licensed Social Worker, Certified Recreational Therapist, Medical Records Nurse, Certified Dietary Manager, ADON, and Care Plan Nurse. A plan of action was implemented at this time to ensure that all licensed nurses were in serviced on honoring Residents' Rights and the right to choose a code status.
8. The SA validated through interviews with the Facility Administrator and the DON the Quality Assurance team met on [DATE]th, 2020 at 1:40 P.M. to discuss the negative outcome and failure to implement and follow policy and procedure related to the code status of each resident. The Quality Assurance team that met was the Director of Nursing, Medical Director, Administrator, Infection Control Preventionist, Quality Assurance, Owner of facility, Nurse Practitioner Clinician, Certified Recreational Therapist, Certified Dietary Manager, Dietitian, Assistant Director of Nursing, Licensed Social Worker, Restorative Nurse, Minimum Data Set Nurse, Clinical Liaison Nurse, Medical Records Nurse and Care Plan Nurse. A plan of action was implemented at this time to ensure that all licensed nurses were in serviced on the advance directive protocol for determining code status. All resident charts were audited to ensure no discrepancies between the electronic health record, orders, and the paper chart. The Quality Assurance team reviewed the audit and found the charts were 100% compliant. The Policies of Communication of Code Status and Cardiopulmonary Resuscitation Procedure policies was reviewed, and no revisions were required. A Quality Assurance Performance Improvement plan was discussed, developed and implemented. The Communication of Code Status Policy states that the nurse who notes the physician order is responsible for communicating the directions in all relevant sections of the medical record.
The SA validated through interviews with the Administrator and the DON that no staff will be allowed to work at the facility prior to receiving in service training on facility policy and procedure on identifying code status with understanding expressed by staff member.
The SA validated that all corrective actions to remove the IJ had been completed as of [DATE], and the IJ removed on [DATE], prior to exit.