§483.70(a) Licensure. A facility must be licensed under applicable State and local law.
§483.70(b) Compliance with Federal, State, and Local Laws and Professional Standards. The facility must operate and provide services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in such a facility.
§483.70(c) Relationship to Other HHS Regulations. In addition to compliance with the regulations set forth in this subpart, facilities are obliged to meet the applicable provisions of other HHS regulations, including but not limited to those pertaining to nondiscrimination on the basis of race, color, or national origin (45 CFR part 80); nondiscrimination on the basis of disability (45 CFR part 84); nondiscrimination on the basis of age (45 CFR part 91); nondiscrimination on the basis of race, color, national origin, sex, age, or disability (45 CFR part 92); protection of human subjects of research (45 CFR part 46); and fraud and abuse (42 CFR part 455) and protection of individually identifiable health information (45 CFR parts 160 and 164). Violations of such other provisions may result in a finding of non-compliance with this paragraph.
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Observations:
Based on a review of facility documents it was determined that the facility failed to ensure sufficient nursing staff to comply with state laws regarding mandated minimum staffing requirements.
Findings include:
Review of "28 PA Code Commonwealth of Pennsylvania Long Term Care Licensure Regulations, dated 7/1/23, indicated the following subsections.
(f.1) In addition to the director of nursing services, a facility shall provide all of the following: (2) Effective July 1, 2023, a minimum of 1 nurse aide per 12 residents during the day, 1 nurse aide per 12 residents during the evening, and 1 nurse aide per 20 residents overnight. (3) Effective July 1, 2024, a minimum of 1 NA per 10 resident during the day, 1 NA per 11 residents during the evening, and 1 NA per 15 residents overnight. (i) A minimum number of general nursing care hours shall be provided for each 24-hour period as follows: (1) Effective July 1, 2023, the total number of hours of general nursing care provided in each 24-hour period shall, when totaled for the entire facility, be a minimum of 2.87 hours of direct resident care for each resident. (2) Effective July 1, 2024, the total number of hours of general nursing care provided in each 24-hour period shall, when totaled for the entire facility, be a minimum of 3.20 hours of direct resident care for each resident.
Review of facility surveys completed since 7/25/24, revealed the following:
Survey of 7/25/23: -Failed to provide one Nurse Aide (NA) per 12 residents on the daylight shifts for three out of 15 days (6/16/24, 6/29/24 and 6/30/24) and failed to provide the State required minimum of one NA per 12 residents on twelve out of 15 evening shifts (6/16/24, 6/18/24, 6/19/24, 6/20/24, and 6/22/24) and one Nurse Aide (NA) per 10 residents on the daylight shifts for two out of 7 days (7/5/24 and 7/7/24) and failed to provide the State required minimum of one NA per 10 residents on four out of 7 evening shifts (7/2/24, 7/5/24, 7/6/24 and 7/7/24).
-Failed to provide one licensed practical nurse (LPN) per 25 residents during daylight shifts for six out of 15 days (6/16/24, 6/17/24, 6/21/24, 6/22/24, 6/28/24 and 6/30/24) and failed to provide a minimum of one Licensed Practical Nurse (LPN) per 30 residents during the evening shift for five out of 15 days (6/19/24, 6/20/24, 6/24/24, 6/25/24 and 6/28/24) and one licensed practical nurse (LPN) per 25 residents during daylight shifts for two out of 7 days (7/5/24 and 7/7/24).
-Failed to provide a minimum of 2.87 PPD (per patient daily) hours of direct care for each resident for fifteen out of 15 days reviewed (6/16/24, 6/17/24, 6/18/24, 6/19/24, 6/20/24, 6/21/24, 6/22/24, 6/23/24, 6/24/24, 6/25/24, 6/26/24, 6/27/24, 6/28/24, 6/29/24 and 6/30/24) and the facility failed to provide a minimum of 3.20 PPD (per patient daily) hours of direct care for each resident for six out of seven days reviewed (7/1/24, 7/2/24, 7/3/24, 7/5/24, 7/6/24 and 7/7/24).
During an inteview on 4/8/24, at approximately 11:15 a.m. the Nursing Home Administrator and the Director of Nursing confirmed the facility failed to ensure sufficient nursing staff to comply with state laws regarding mandated minimum staffing requirements.
28 Pa. Code 201.14(g) Responsibility of licensee.
28 Pa. Code 201.18(e)(1)(2) Management.
| | Plan of Correction - To be completed: 09/04/2024
No residents were affected during the days identified in the 2567. The Administrator, Director of Nursing and Staffing Coordinator were re-educated regarding minimum staffing PPD (per patient day) by the Corporate Clinical Director. The facility has previously reviewed the staffing plan and has assessed wages, provided extra shift pick up bonuses to qualified staff, provided for flexible scheduling, and has advertised in several ways for staff including on online help wanted sites. Staff that are trained and capable to assisting with any care tasks such as passing linens, making beds, nail care, hair care, passing trays to residents that do not require assistance or observation with meals will be utilized. The facility will send representatives to local job fairs, partnered with local businesses such as job corps, each morning the administration staff meets to review the staffing for the day and any critical days in the future, weekly staffing meetings, staffing to include increased employees to cover for any call offs, progressive disciplinary action if necessary and weekly review of new staff that has been hired and will be joining the facility team in the future and any staff that has resigned or has been terminated. Corporate leadership included on strategies and any needs of the facility. The Nursing Home Administrator, Director of Nursing, and Staffing Coordinator, or designees, will review the ratios daily and look ahead in the upcoming week schedule. The Director of Nursing or designee will monitor the staffing ratios for nurse aides, LPN, and PPD 5 times a week for 4 weeks then weekly X4. Results of audits will be reviewed at the facilities quality assurance performance improvement meeting.
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