Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review, the facility failed to ensure all residents had the right to formulate an advance directive for 3 of 9 residents (Residents #1, #8, and #33) reviewed for advance directives. The facility failed to ensure Resident's #1, #8, and #33 Out-of-Hospital Do-Not-Resuscitate (OOH-DNR) forms were completed correctly. This failure could place residents at risk of having their end of life wishes dishonored, and of having CPR performed against their wishes. Findings included: Resident #1Review of Resident #1's admission Record, dated [DATE], revealed she was a [AGE] year-old female admitted to the facility on [DATE] with diagnoses including Alzheimer's Disease (a neurological condition causing memory problems), closed fracture of the left and right leg, diabetes (a condition where the body cannot process insulin correctly), chronic obstructive pulmonary disease (lung disease making it difficult to breathe), seizures, heart problems, and urinary tract infections. Review of Resident #1's Significant Change MDS Assessment, dated [DATE], revealed:Resident #1's BIMS score was 8 of 15, indicating moderate cognitive impairment. Review of Resident #1's Care Plan, initiated [DATE], revealed Resident #1 was a DNR status. Review of Resident #1's Order Summary, dated [DATE], revealed orders that Resident #1 was a DNR dated [DATE]. Review of Resident #1's DNR form completed [DATE] revealed:Section A: Resident #1 signed the DNR on [DATE].Section B: Resident #1's legal agent signed the DNR on [DATE].Section Two Witnesses: The Public Notary Signed the DNR on [DATE] but no witnesses were present. Physician's Statement: Resident #1's NP signed the DNR (not a physician licensed by the Texas Medical Board) and did not include the date, his printed name, or his license number. Resident #8Record review of Resident #8's admission record dated [DATE] reflected an [AGE] year-old female admitted to the facility on [DATE]. Her diagnoses included Dementia (A loss of brain function that worsens over time and affects memory, thinking, behavior, and language), and Congestive Heart Failure (A chronic condition in which the heart does not pump blood as well as it should). Record review of Resident #8's quarterly MDS assessment dated [DATE] reflected a BIMS score of 3, indicating cognition was severely impaired. Record review of Resident #8's quarterly care plan dated [DATE] revealed Resident #8 was a DNR status. Record review of Resident #8's medical orders reflected an OOH-DNR order dated [DATE]. Record review of Resident #8's OOH-DNR dated [DATE] revealed: Physician's Statement - Signed by Staff #D, a NP, not a physician licensed by the Texas Medical Board and did not include the date or his license number. There was no physician signature in the bottom section stating, All persons who have signed above must sign below, acknowledging that this document has been properly completed. Resident #33 Review of Resident #33's admission Record, dated [DATE], revealed he was a [AGE] year-old male admitted to the facility on [DATE] with diagnoses including Alzheimer's Disease, high cholesterol, and heart problems. Resident #33 discharged on [DATE]. Review of Resident #33's Significant Change MDS, dated [DATE] revealed: He had long and short-term memory problems with severely impaired decision-making abilities. This was an acute onset of mental status change. Resident #33 had a life expectancy of less than 6 months. Review of Resident #33's Care Plan initiated [DATE], revealed the resident was a DNR status. Review of Resident #33's Physician Order Summary as of [DATE] revealed:Resident #33 was admitted to hospice diagnosis Alzheimer's disease dated [DATE].Resident #33 was a DNR dated [DATE]. Review of Resident #33's Facility DNR form documented.Section B: Resident #33's authorized representative signed the form, but did not date it. Physician's Statement: The NP signed the form and dated it [DATE], but did not include his license number.There were not two qualified witnesses witnessing the form as signed and valid. Review of Nurse's Notes dated [DATE] at 4:16 PM revealed: Received a call from Hospice asking if we had a copy of the DNR for the resident. Nurse informed Hospice that Nurse sent her a copy [DATE] and gave a copy to Hospice Nurse this morning when she came to get consents from the family member]. Hospice went on to explain that the DNR we had was not witnessed for the [family member] signature, therefore not valid and that resident needed to be placed on a full code status until they could get a DNR signed from the [family member] and hospice physician tomorrow. Discontinued DNR order, full code order implemented, notified ADON, charge nurse to put on 24 hour report and administration. Review of the Hospice OOH-DNR signed [DATE] revealed:Section C: Resident #33's [family member] signed and dated the OOH-DNR on [DATE].Physician's statement: The Hospice physician signed and dated the OOH-DNR on [DATE].The notary signed the form on [DATE].There were no witnesses to the signing of the form. In an interview on [DATE] at 2:53 PM the ADON said the blank OOH-DNR forms go with the resident to the clinic visit with the provider, the form was completed at the clinic visit and sent back to the facility to be scanned into the electronic medical record. The ADON said that the staff person scanning in the OOH-DNR's does not review them for accuracy/completion. Review of the Instructions for Issuing an OOH-DNR Order (included in the OOH-DNR Order) used by the facility and published by the Texas Department of State Health Services, revised [DATE], revealed:Purpose: The Out-of-Hospital Do-Not-Resuscitate (OOH-DNR) Order was for use by qualified persons or their representatives to direct health professionals to forgo resuscitation attempts and to permit the person to have a natural death with peace and dignity. Section A - If an adult person is competent and at least [AGE] years of age he/she will sign and date the Order in Section A.Section B - If and adult person is incompetent or otherwise mentally or physically incapable of communication and has a legal guardian, agent in a medical power of attorney, or proxy in a directive to physician, the guardian, agent, or proxy may execute the OOH-DNR Order by signing and dating it in section B.Section C - If the adult person is incompetent or otherwise mentally or physically incapable of communication and does not have a guardian, agent, or proxy, then a qualified relative may execute the OOH-DNR by signing and dating it in Section C.Section D - If the person is incompetent and his/her attending physician has seen evidence of the person's previously issued proper directive to physicians or observed the person competently issue an OOH-DNR in a nonwritten manner, the physician may execute the Order on behalf of the person by signing and dating it in Section D-In addition, the OOH-DNR must be signed and dated by two competent adult witnesses, who have witnessed either the competent adult person making his/her signature in section A, or authorized declarant making his/her signature in either sections B, C or E and if applicable., have witnessed a competent adult person making an OOH-DNR Order by non-written communication to the attending physician, who must sign in section D, and also the physician's statement section. Optionally, a competent adult person or authorized declarant may sign the OOH-DNR in the presence of a notary-public. However, a notary cannot acknowledge witnessing the issuance of an OOH-DNR in a nonwritten manner, which must be observed and only can be acknowledged by two qualified witnesses.