§483.35 Nursing Services The facility must have sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care and considering the number, acuity and diagnoses of the facility's resident population in accordance with the facility assessment required at §483.70(e).
§483.35(a)(3) The facility must ensure that licensed nurses have the specific competencies and skill sets necessary to care for residents' needs, as identified through resident assessments, and described in the plan of care.
§483.35(a)(4) Providing care includes but is not limited to assessing, evaluating, planning and implementing resident care plans and responding to resident's needs.
§483.35(c) Proficiency of nurse aides. The facility must ensure that nurse aides are able to demonstrate competency in skills and techniques necessary to care for residents' needs, as identified through resident assessments, and described in the plan of care.
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Observations:
Based on the review of facility documentation, review of personnel records and interviews with staff, it was determined that the facility failed to ensure six of six employees possessed the appropriate skills and competencies to provide nursing and related care and services to assure resident safety and to attain or maintain the highest practicable physical, mental, and psychosocial wellbeing of each resident. Further, review of Employee E21's personnel file revealed that the Employee E21 was an unlicensed staff, who provided care and services as a Registered Nurse, without verifiable educational background and registration as a nurse. This failure placed 63 residents who received care and services from Employee E21 at the facility, at risk of injury and/ or harm and resulted in an Immediate Jeopardy situation. (Employees E16, 17, 18, 19, 20 and 21).
Findings Include:
Review of the "Professional Nursing Law" "The Act of May 22" P.L 317, No 69, revealed that "Section 3. Registered Nurse, Clinical Nurse Specialist, Certified Registered Nurse Anesthetist, Use of Title and Abbreviation "R.N.," "C.N.S." or "C.R.N.A."; Credentials; Fraud.--(a) Any person who holds a license to practice professional nursing in this Commonwealth, or who is maintained on inactive status in accordance with section 11 of this act, shall have the right to use the titles "nurse" and "registered nurse" and the abbreviation "R.N." No other person shall engage in the practice of professional nursing or use the titles "nurse" or "registered nurse" or the abbreviation "R.N." to indicate that the person using the same is a registered nurse, except that the title "nurse" also may be used by a person licensed under the provisions of the act of March 2, 1956 (1955 P.L.1211, No.376), known as the "Practical Nurse Law." No person shall sell or fraudulently obtain or fraudulently furnish any nursing diploma, license, record, or registration or aid or abet therein. (b) An individual who holds a license to practice professional nursing in this Commonwealth who meets the requirements under sections 6.2 and 8.5 of this act to be a clinical nurse specialist shall have the right to use the title "clinical nurse specialist" and the abbreviation "C.N.S." No other person shall have that right."
Review of job description for Registered Nurse (RN) revised on June 6, 2022, revealed that "Education and Experience Requirements: Current state professional nursing license, one to two years' experience, geriatric/long term care experience preferred, maintain or able to obtain current CPR certification. Job accountabilities. 1. Plan, directs and provides resident care according to physician orders and the interdisciplinary plan of care. 2. Communicates changes in resident's condition in a timely fashion to include but not limited to physicians, other disciplines, the following shift, and family members. 3. Administer medications, treatments in compliance with federal, state and local laws and with the community policies and procedures. 6. Performs venipuncture to obtain blood.
Further review of job description for Registered Nurse revealed that skills and competencies are required for the job accountabilities including; Administering medications and treatments, performs venipuncture to obtain blood specimens according to community practice, use of standard precautions to prevent spread of communicable disease, enforces and trains proper infection control practices to team members, exhibits knowledge of and effectively executes disaster plans and communicates changes in residents' condition in a timely fashion to include but not limited to the RN, physician other disciplines the following shift and family members.
Review of a blank facility competency evaluation form indicated that the facility developed a competency evaluation program with performance indicators to ensure that the nurses including RNs and LPNs have the competency to perform necessary job accountabilities which indicated if a job function are met or not met.
Review of facility documentation dated February 2, 2024, revealed that "A concern was brought to this NHA (Administrator) on February 2, 2024, at approximately 10:13 am regarding a licensure investigation for an employee of Cathedral Village. Currently this employee is not working in the building. Cathedral Village has reached out to this employee for more details and clarification. Employee informed us that she will provide required documents".
Further review of the documentation revealed that upon hire Employee E21, Registered Nurse, presented a registered nursing license with the name (First name Last name). This license was active on the hire date, and the licensure status was also verified and found to be in good standing. The individual (RN) remained on administrative leave while facility conducted investigation and did not submit any further documentation.
Continued review of the documentation revealed that background checks including criminal history were verified under Employee E21's real name (which included a name with three parts, last name included two parts). License was verified under a similar name (but only had two parts to the name, last name with only one part) as this was the name provided on the nursing license she presented. Both Social security card and driver's license were presented with a name that has three parts. Employee 21's name on the identification document provided was different from the RN license. There was no documentation available to indicate if the facility human resource or other facility staff clarified the discrepancy in the name.
A request for competency evaluation for Employee E21 was requested from the Nursing Home Administrator on April 12, 2024 at 2:17 p.m. Facility did not provide evidence of competency evaluation for Employee E21.
Review of Employee E21's personnel file revealed that the employee was offered the job as an RN with a hire date of November 22, 2023. Further review of the personal file revealed that the employee worked in the facility as an RN until February 1, 2024. Employee worked 30 shifts as an RN, which 23 of the 30 shift she worked independently providing all responsibilities as an RN.
Continued review of Employee E21's personnel file did not include any verifiable nursing or any related education. Personnel files did not include any competency evaluation form.
Review of facility documentation from November 23, 2023, to February 24, 2024, revealed that Employee E21 administered medications to residents including anxiolytics, antihypertensive, antipsychotics, Parkinson's medications, antidepressants, anticonvulsants, anticoagulant, antibiotics, diuretics, beta blockers (slows heart rate, treat chest pain), anti-diabetic medication, steroids, antiviral medications, which require monitoring of side effects.
Review of clinical record also revealed that Employee E21 administered resident complex resident assessment which needed specialized skills and competencies including wound care, neurological assessments, administered insulin, admission assessments, skin assessments change of condition assessments and PICC line assessments.
There was no documentation available to review to determine that facility ensured Employee E21 was competent in performing these services.
Review of facility documentation from November 23, 2023, to February 24, 2024, revealed that Employee E21 provided care and services in the capacity of a registered nurse to 63 residents over 30 shifts. Employee E21 provided care to approximately 20 residents per shift.
A review of the facility record revealed that the facility had one resident with PICC line/Midline catheter who received treatment and care from the staff such as dressing change, medication and fluid administration, site assessment and monitoring.
Interview with the Director of Nursing (DON) on April 15, 2024, at 11:00 a.m. stated nursing staff provided care for residents with PICC lines and midline.
A review of the facility record revealed that the facility had residents with pressure ulcers (injuries to the skin and underlying tissue, primarily caused by prolonged pressure on the skin.) and other wounds who received care and services from staff such as dressing change and wound assessment.
A request for the evidence of PICC line/midline/ IV care and wound care staff competencies or annual evaluations of additional 5 selected licensed and registered nurses, Employee E16, 17, 18, 19, 20 were made to the Nursing Home Administrator and Director of nursing on April
Facility was not able to provide evidence of PICC line/midline/ IV care and wound care staff competencies or annual evaluations of 5 selected licensed and registered nurses.
During an interview on April 15, 2024, at 11:30 a.m. the Nursing Home Administrator confirmed that the nursing staff competencies or annual evaluations related to PICC line/midline/ IV care and wound care was not completed for the nursing staff in the past year. The Nursing Home Administrator also confirmed that the facility did not have a process of competency evaluation. The Nursing Home Administrator stated facility has a competency evaluation program developed to evaluate the competencies of the nurse but the facility did not implement the program for the nurses.
An Immediate Jeopardy situation was identified to the Nursing Home Administrator on April 30, 2024, at 4:00 p.m. for the facility's failure to ensure that Employee E21, (unlicensed staff who provided care and services as a Registered Nurse without verifiable educational background as a nurse) possessed appropriate skill sets and competencies to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial wellbeing of each resident This failure placed 63 residents who received care and services from Employee E21 at the facility at risk of injury and or harm and resulted in an immediate jeopardy situation.
The facility submitted a written plan of action on April 29, 2024, at 9:00 p.m. and implemented the plan of action which included:
Employee A was immediately removed from the schedule and placed on administrative leave. Incident reported to local police department and Department of Health in accordance to local and state laws. Legal counsel notified of multi state and identity theft investigations and agencies informed. Department of State who issues licenses will be informed on 5/1/2024. Legal counsel notified that state's Attorney General is involved. An electronic health record audit was completed on 4/30/24 by the Nursing Home Administrator or designee to review residents who may have received care or treatment from Employee E21. Current residents identified from this audit will be interviewed by a Licensed Nurse and Social Worker. This inquiry will include a statement from the individual related to medication administration, evaluations and assessments, wound care, and general care and nursing services provided was completed 5/1/24. A physical head to toe skin evaluation of the residents in the assignments of Employee E21 was completed on 2/2/24- 2/5/2024.
An audit was conducted by the Human Resource Department to ensure that licensed staff have a skills competency completed and present in their employee file within the last year on 4/30/24. Any licensed staff identified not to have had skills competency completed will have the competency completed prior to their next scheduled shift; all staff completed by 5/3/24.
An audit was completed by human resource department on current licensed nurses employed by PSL (Presbyterian Senior Living) at the community to ensure compliance with licensure verification on 2/4/2024, no variances identified. The human resource department team members at the community were re-educated on new hire/pre- employment processes for licensed staff by the Vice President of Employee Relations or designee on 2/12/2024.
The Human Resource department team members at the community were re-educated by the Vice President of Employee Relations or designee on- the requirement to ensure that all licensed staff have a current skill competency checklist completed at new hire during the orientation period and then annually in their employee file to ensure that all licensed staff possess competencies, education, and license as applicable to provide nursing care, all staff completed by. 5/3/24.
On May 2, 2024, at 11:40 a.m. the action plan was reviewed, personell records were reviewed, interviews were conducted with staff to confirm that the in-service education was completed. Facility audits were reviewed.
The Immediate Jeopardy was lifted on May 2, 2024, at 11:40 a.m.
Refer to F839
28 Pa. Code 201.14 (a)(b) Responsibility of licensee
28 Pa. Code: 201.18 (b)(1)(e)(1)(2) Management
28 Pa. Code 211.12 (c)(d)(3)(5) Nursing services
| | Plan of Correction - To be completed: 06/18/2024
A. Employee # 21 was immediately removed from the schedule and placed on administrative leave. Incident reported to local police department and Department of Health in accordance to local and state laws. Legal counsel notified of multi state and identity theft investigations and agencies informed. Department of State who issues licenses was informed on 5/1/2024. Legal counsel notified that state's Attorney General is involved.
B. An electronic health record audit was completed on 4/30/24 by the Nursing Home Administrator or designee to review residents who may have received care or treatment from Employee E21. Current residents identified from this audit were interviewed by a Licensed Nurse and Social Worker. This inquiry included a statement from the individual related to medication administration, evaluations and assessments, wound care, and general care and nursing services provided was completed 5/1/24. A physical head to toe skin evaluation of the residents in the assignments of Employee E21 was completed on 2/2/24- 2/5/2024. An audit was conducted by the Human Resource Department to ensure that licensed staff have a skills competency completed and present in their employee file within the last year on 4/30/24. Any licensed staff identified not to have had skills competency completed had the competency completed prior to their next scheduled shift. An audit was completed by human resource department on current licensed nurses employed by PSL (Presbyterian Senior Living) at the community to ensure compliance with licensure verification on 2/4/2024, no variances identified. The human resource department team members at the community were re-educated on new hire/pre-employment processes for licensed staff by the Vice President of Employee Relations or designee on 2/12/2024.
C. The Human Resource department team members at the community were re-educated by the Vice President of Employee Relations or designee on- the requirement to ensure that all licensed staff have a current skill competency checklist completed at new hire during the orientation period and then annually in their employee file to ensure that all licensed staff possess competencies, education, and license as applicable to provide nursing care, all staff completed by 5/3/24.
D. The Human Resources department will conduct an audit on up to 3 newly hired licensed nurses weekly x 4 weeks and then monthly x 2 months to ensure licensed staff members have current competency checklist on record. Audit findings will be forwarded to the Quality Assurance Performance Improvement team for review and recommendations, to include ensuring successful evaluation.
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