Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff, Nurse Practitioner (NP) and Medical Director (MD) interviews the facility failed to provide complete, thorough, and ongoing assessments, and failed to intervene when Nurse #1 failed to recognize the seriousness of a resident's (Resident #1) change in condition. Resident #1, who was a full code, was experiencing a change in condition on [DATE] with symptoms of difficulty swallowing, audible congestion (able to hear without the use of stethoscope), and trying to cough up phlegm. Nurse #1 did not obtain vital signs or put interventions into place to relieve the congestion. On [DATE] Resident #1 had his mouth open, clear phlegm was noted in his mouth, audible congestion continued, and he was coughing. Resident #1's vital signs, which included a blood pressure (BP) of 90/86 (normal 120/80), pulse of 48 (normal range 60-100), oxygen saturation at 89% (normal range between 95% and 100%) on room air, respirations 12 (normal range 12-18), and temperature 96.7 (axillary/arm pit). Nurse #1 did not obtain another set of vital signs, and at 5:00 AM when Resident #1 was discovered with no pulse. Nurse #1, who did not verify Resident #1's full code status, did not initiate lifesaving resuscitative efforts and returned to administering medications. At 5:55 AM when Nurse #1 became aware of Resident #1's full code status, she initiated Cardiopulmonary Resuscitation (CPR). Emergency medical services (EMS) were called at 6:00 AM, arrived at 6:10 AM, and Resident #1 was pronounced deceased at 6:15 AM. This was for 1 of 3 residents reviewed for change of condition (Resident #1).
The findings included:
Resident #1 was readmitted to the facility on [DATE]. His diagnosis included type 2 diabetes mellitus (DM), anxiety, chronic congestive heart failure (CHF), and dysphagia (difficulty swallowing).
A physician order dated [DATE] indicated Resident #1 was a full code.
A physician order dated [DATE] to apply Bi-pap (Bilateral Positive Airway Pressure-a noninvasive breathing machine that helps people breathe by delivering pressurized air into their airways) every HS (hour of sleep) and remove in the morning. Note if resident does not wear.
Chart review did not reveal a Medical Orders for Scope of Treatment (MOST) form for Resident #1.
Resident #1's quarterly Minimum Data Set (MDS) assessment dated [DATE] indicated his cognition was intact without behaviors. There was no rejection of care or behaviors coded.
Resident #1's care plan, last reviewed/revised on [DATE], revealed a focus that read he had the potential for altered respiratory status/difficulty breathing related to a history of respiratory failure. The interventions included for staff to assess/document/report abnormal breathing patterns to physician, elevate head of bed to facilitate breathing per resident comfort level, as needed, and provide oxygen as ordered. Another focus read Resident #1 was at risk for complications related to vascular congestion and was on diuretic therapy which placed him at risk for adverse effects due to medication use. The interventions included for staff to administer medication as ordered and monitor for possible side effects such as dizziness, postural hypotension, fatigue, and an increased risk for falls. Notify physician as needed. A focus that read: Category: Advanced Directives/Code Status Resident #1 had chosen full code status. The interventions included for staff to notify physician of any changes, as needed, and if resident /responsible party chooses to change code status, necessary protocol will be completed: new order, update documentation/care plan, face sheet/identifying tool.
Note by the Nurse Practitioner (NP) dated [DATE] revealed Resident #1 was lying in bed with eyes closed, easily arousable and answering questions when asked. He denied shortness of breath and there was no cough observed. The note also revealed that during physical exam of Resident #1's chest/pulmonary and general/constitutional systems that no physical findings pertinent to this encounter.
An interview with Medication Aide (MA) #1 was conducted on [DATE] at 10:40 AM. MA #1 verified she was the direct care MA for Resident #1 on [DATE] and MA #1 did not observe any concerns with him on first shift (7A-3P). She further stated he was talkative and did not voice any concerns.
Review of medication administration record (MAR) for medications received on [DATE] and [DATE]. [DATE]-refused all 5:00 PM medications. All 8:00 PM medications were signed as being administered. No medications were documented as having been administered on [DATE]. Treatment administration record (TAR) for refusing Bi-PAP on [DATE], [DATE], [DATE] and [DATE].
An interview with Nurse #3 was conducted on [DATE] at 10:05 AM. Nurse #3 stated she cared for Resident #1 on [DATE] from 3:00 PM to 4:00 PM. Nurse #3 explained she was the wound care nurse however the facility had a call out and she was covering the assignment until Nurse #1 arrived. Nurse #3 also stated when she received report from first shift. Nurse #3 verified she did go and speak with Resident #1 at approximately 3:25 PM, and he was fine. Nurse #3 did not observe Resident #1 with increased cough or congestion. Nurse #3 also stated she was still working assisting with meals and Resident #1 refused dinner, however that was not a new behavior, he refused meals and medications at times.
A nursing progress note recorded as a late entry on [DATE] for [DATE] by Nurse #1 read: This nurse did patient rounding at 4:28 AM on 800 hall before starting medication pass on 200 hall. Walked in Resident #1's room and heard rales (abnormal breath sounds that occur when a person inhales and sound like small clicking, bubbling, or rattling) during inspiration. This nurse checked vitals BP:90/84, P:48, R:12, O2: 89% room air, T:96.1 (axillary) patient previously refused to have CPAP place on for the night. CNA (Certified Nursing Assistant) started her pt. (patient) rounding at the bottom of the eight hundred hall. CNA observed that pt. (Resident #1) wasn't breathing. This nurse walked down to the resident's room and also observed that patient wasn ' t breathing. Code status was validated, and CPR initiated. EMS pronounce death at 6:15 AM. Postmortem care done.
A phone interview was conducted with Nurse #1 on [DATE] at 11:30 AM. Nurse #1 verified she was the nurse for Resident #1 on [DATE] from 4:00 PM through [DATE] at 7:00 AM. Nurse #1 indicated she checked on Resident #1 at 4:15 PM and observed Resident #1 resting with his eyes closed, even rise and fall of chest, and no distress noted. Nurse #1 asked Resident #1 if he wanted his afternoon medication and Resident #1 shook his head no. Nurse #1 indicated she normally did not crush Resident #1's medications, however she did crush his 8:00 PM medications due to him exhibiting congestion, trying to cough up clear phlegm, and difficulty swallowing. Nurse #1 stated the symptoms she observed when administering Resident #1 his 8:00 PM medications were abnormal for Resident #1. She said Resident #1 did not voice any concerns at that time and she did not check Resident #1's vital signs. Nurse #1 indicated she left Resident #1's room to administer other residents their medications. Nurse #1 explained she checked on Resident #1 at 10:50 PM and she could still hear audible congestion, but no difficulty breathing was observed such as gasping. He was resting with his eyes closed. Nurse #1 checked on Resident #1 at 2:00 AM and he was resting with his eyes closed and continued to exhibit audible congestion. Nurse #1 stated she checked on Resident #1 again at 3:30 AM, Resident #1 had his eyes closed and did not appear to be in distress. Nurse #1 described Resident #1 as having had his mouth open, clear phlegm was noted in his mouth, and he was coughing which was not normal for Resident #1. She stated she did not notify the physician or Nurse Practitioner (NP) of the coughing, audible congestion, and phlegm. Nurse #1could not give a reason for not notifying the physician or NP. Nurse #1 explained she returned to check on Resident #1 at 4:28 AM and she could still hear the audible congestion, but no difficulty breathing or coughing was observed such as gasping. Nurse #1 checked his vital signs which included: blood pressure (BP) 90/84, pulse 48, oxygen level 89% on room air, respirations 12, and his skin was clammy and tepid. Nurse #1 removed his blanket and put a sheet on him to help cool him off because his skin was extremely hot to the touch. Resident #1 did not speak to Nurse #1 during this assessment, and she believed he was asleep. Nurse #1 stated she did not know why she did not notify the physician or Nurse Practitioner (NP) at that time about Resident #1's coughing, audible congestion, and low vital signs, she said, I just didn't. She further explained when she returned to the 800 hall from passing medications on the 200 hall at 5:00 AM NA #1 exited Resident #1's room and stated he was not breathing. Nurse #1 checked for Resident #1's pulse and the rise and fall of his chest which were absent. Nurse #1 verified Resident #1 was not breathing.
A phone interview was conducted with Nursing Assistant (NA) #1 on [DATE] at 3:01 PM. She verified she worked from [DATE] at 11:00 PM through [DATE] at 7:00 AM and she was the direct care NA for Resident #1. NA #1 stated she notified Nurse #1 at 2:00 AM that Resident #1's roommate had requested her to come look at Resident #1 because he did not sound good. NA #1 stated she observed Resident #1 coughing, and she could hear congestion. NA #1 notified Nurse #1 again at 3:30 AM about Resident #1 having had his mouth open, phlegm was visible in his mouth, he was coughing, and she went and told the nurse immediately. She stated Nurse #1 went to his room but did not tell her anything. NA #1 indicated she had not worked with the resident that often and she was not sure of his baseline. NA #1 explained at 5:00 AM she went in to change him and he was not breathing and had no pulse. She immediately notified Nurse #1.
Resident #1's roommate was not able to be interviewed.
A phone interview was conducted with Nurse #2 on [DATE] at 2:54 PM. Nurse #2 stated she was coming up the 100 hall when she was approached at 5:55 AM by Nursing Assistant (NA) #1 and was told that Resident #1 had passed away. Nurse #2 explained that after she had spoken to NA #1, she was at the nurses' station on 100/300 hall with NA #2, and she informed NA #2 that Resident #1 had passed away. Nurse #2 stated NA #2 jumped up and said, Oh my god he's a full code, as NA #2 went towards the main nursing station. Nurse #2 then stated NA #2 checked the code status binder that was located at the 800 nurses' station and verified Resident #1 was a full code. Between 6:02 AM and 6:06 AM she went to the 800 hall to see if Nurse #1 needed help and Nurse #1 stated no, she did not need help and emergency medical services (EMS) were on the way. Nurse #2 went back to the 100/300 hall to check on her residents then went back to the 800 hall. Nurse #2 then explained the crash cart was on the hall in front of Resident #1's room and law enforcement, first responders, and fire department were in the room assessing Resident #1, Resident #1 was not receiving CPR. At that time EMS was at the side door of the building. Nurse #2 recalled Nurse #1 was talking to law enforcement, and she went to make copies of Resident #1's paperwork. She further stated Nurse #1 did not call the code overhead when she was made aware of Resident #1's code status.
An interview was conducted with Nursing Assistant (NA) #2 on [DATE] at 11:44 AM. She verified she worked on [DATE] from 11:00 PM through [DATE] at 7:00 AM on the 100/300 hall, not the hall where Resident #1 resided. NA #2 stated she was sitting at the nursing station when Nurse #2 told NA #2 Resident #1 had passed away. NA #2 explained she jumped up and said, oh my god, he's a full code, as NA #2 went up the hall towards the main nursing station. NA #2 said she looked in the Do Not Resituate (DNR) binder and removed Resident #1's sheet that indicated he was a full code. NA #2 then stated she took that sheet to Nurse #1 who was halfway down the 800 hall to show her Resident #1 was a full code. NA #2 explained that Nurse #1 stated several times, you've got to be kidding me. NA #2 told Nurse #1 to grab the crash cart, and NA #2 went to call 911. NA # 2 proceeded to the nurses' station to call 911. NA #2 explained she is responsible for medical records at the facility, and she was an NA, that was how she was aware of Resident #1's code status. NA # 2 stated she had not been assigned to Resident #1 at all from [DATE] to [DATE].
Emergency medical services (EMS) report revealed the following: the call was received/dispatched at 6:01 AM, on scene at 6:09 AM, and at patient at 6:11 AM. Primary Impression was obvious death, at scene, emergency medical services (EMS) crew directed to Resident #1's room by facility staff. The fire department (FD) and police department (PD) were already at bedside. Per report from FD, staff reported Resident #1 was last known well (LKW) at 5:15 AM this morning. FD and law enforcement (LE) on scene reported that cardiopulmonary resuscitation (CPR) was not in progress by facility staff at their arrival. No facility staff were present at bedside. EMS crew requested a firefighter to obtain patient information and code status from facility staff. Resident #1 found to be full code on facility paperwork. The primary impression was obvious death. Resident #1 found supine in facility bed. Resident #1 found to be apneic (cessation of respiration) and without pulse. A 4-lead electrocardiogram (ECG) (a test that measures the heart's electrical activity) performed and noted asystole (when your heart's electrical system fails, causing your heart to stop pumping) in all pre-cordial leads. Mottling (blotchy patches of discoloration on the skin) noted in extremities and posterior of patient's trunk. Eyes non-reactive to light. Per protocol, due to extended downtime without CPR and asystole upon presentation, CPR efforts not initiated, and time of death noted at 6:15 AM.
A phone interview was conducted with the Medical Director (MD) on [DATE] at 3:08 PM. He stated he would have expected the staff to obtain vital signs and to call him or the NP when the difficulty swallowing, audible congestion, and cough were first observed. The MD had not received a call about Resident #1 having a change in condition that included swallowing difficulties, cough, congestion, or low vital signs. He also stated that it was standard practice to call the MD when a change occurs. He stated he thought the nurse deviated out of the standard practice when she did not call a NP or MD. He indicated if his vital signs were low, and he was having difficulty breathing he would have needed to be sent to the hospital for evaluation.
A phone interview was conducted with the Nurse Practitioner (NP) on [DATE] at 4:00 PM. He stated he saw Resident #1 on [DATE] and he seemed to be in his normal state, alert and oriented to per, place, and time. He also stated he observed the resident as having no cough or shortness of breath. He indicated staff should have obtained vital signs and monitored Resident #1 and he would have expected the staff to call him or the Medical Director (MD) when the difficulty swallowing, audible congestion, and cough were first observed.
An interview with the Director of Nursing (DON) was conducted on [DATE] at 11:18 AM. She stated Nurse #1 should have applied oxygen due to Resident #1's oxygen levels dropping, she should have notified the physician, and she should have been obtaining vital signs throughout the shift. She also expected Nurse #1 to notify the physician for a change in condition of a resident as soon as it was observed.
On [DATE] at 1:15 PM the Administrator and DON were made aware of the Immediate Jeopardy.
The facility implemented the following corrective action plan with a completion date of [DATE].
Address how corrective action will be accomplished for those residents found to have been affected by the deficient practice:
On [DATE], Resident #1 was noted with abnormal vital signs at 4:28 AM per Nurse #1. Nurse #1 identified congestion, difficulty swallowing, and the presence of phlegm on the 3-11p shift with no follow up or ongoing monitoring. Nurse #1 failed to further assess Resident #1's change in condition or implement interventions to improve Resident #1's condition.
Address how the facility will identify other residents having the potential to be affected by the same deficient practice:
On [DATE] all current interviewable residents were interviewed by the Director of Social Services to ensure that they felt any change in conditions were acted upon timely by the staff including physician notification and to ensure there were no concerns with delay or withholding of care and treatment.
On [DATE] a 30 day look back of progress notes was reviewed by the Assistant Director of Nursing for current non-interviewable residents to ensure that there were no concerns related to change in condition or delay or withholding of care and treatment, including physician notification.
On [DATE] all staff were interviewed by the Director of Nursing or designee to determine if there were any concerns related to delay or withholding of care related to a resident change in condition including physician notification.
On [DATE] a record review of the last 30 days of deaths was audited by the Director of Nursing. There was no change in condition identified that required Cardiopulmonary Resuscitation.
Address what measures will be put into place or systemic changes made to ensure that the deficient practice will not recur:
On [DATE] the Staff Development Coordinator or designee educated all staff on care services related to identification of change in condition, providing timely treatment as ordered not withholding care, reporting any concerns and notification to physician.
The same education will be provided by the Staff Development Coordinator or designee to agency staff upon first shift worked and all new hires during orientation effective [DATE] per directive of the Director of Nursing.
Change in condition identification, notification of physician, validation of timely treatment and follow up will be reviewed in clinical morning meeting Monday through Friday. Any negative findings will be acted upon immediately.
Indicate how the facility plans to monitor its performance to make sure that solutions are sustained:
On [DATE] it was established by the Interdisciplinary Team that beginning the week of [DATE] through [DATE], the following steps will be completed and documented weekly for 8 weeks.
Five interviewable residents will be interviewed weekly by the Director of Social Services or designee to ensure that resident concerns are addressed timely, that there are no unresolved concerns, that facility is respecting Resident Rights, that the facility is identifying resident changes in condition, if a resident has had a medical concern the facility has addressed it timely and notified the physician, and have no concerns that have the potential to be considered abuse/neglect.
Five non-interviewable residents will have their medical record reviewed weekly by a clinical manager to identify any concerns related to change in condition, any delay or withholding of care or treatment, or any concerns with Resident Rights, code statuses not being honored will also be reviewed.
Five staff members will be interviewed weekly the Administrator or designee to determine if there are any concerns related to delay in identification in resident Change in Condition, delay or withholding of treatment or concerns regarding physician notification.
Facility Activity Report will be reviewed Monday through Friday in Clinical Morning Meeting to ensure timely identification of Change in Condition, notification of physician, prompt treatment if indicated, appropriate response for a resident that is a full code, timely identification of potential neglect.
The Quality Improvement Committee will review the results of the audits for further recommendation weekly for 8 weeks. Should the committee feel that further auditing is necessary, it will be determined at that time.
Above responsibilities were discussed during Ad-hoc QAPI completed on [DATE].
Alleged Compliance date: [DATE]
Date of immediate jeopardy removal is [DATE]
On [DATE] the credible allegation of Immediate Jeopardy removal was validated by onsite verification and included:
The facility provided documentation to support their corrective action plan. The initial facility audits dated [DATE] were reviewed and revealed no issues were noted. Education to licensed nursing, nurse aides and medication aide staff regarding a change in condition was reviewed and sign in sheets were provided. Staff interviews across all departments were able to verbalize they had received education on change in condition, examples of change in condition, and who to notify in the event of a change in condition of a resident. Quality Assurance and Performance Improvement (QAPI) meetings were discussed with the Administrator and meeting notes were reviewed.
The facility's compliance date of [DATE] for the corrective action plan was validated on [DATE].