§483.20(f)(5) Resident-identifiable information. (i) A facility may not release information that is resident-identifiable to the public. (ii) The facility may release information that is resident-identifiable to an agent only in accordance with a contract under which the agent agrees not to use or disclose the information except to the extent the facility itself is permitted to do so.
§483.70(i) Medical records. §483.70(i)(1) In accordance with accepted professional standards and practices, the facility must maintain medical records on each resident that are- (i) Complete; (ii) Accurately documented; (iii) Readily accessible; and (iv) Systematically organized
§483.70(i)(2) The facility must keep confidential all information contained in the resident's records, regardless of the form or storage method of the records, except when release is- (i) To the individual, or their resident representative where permitted by applicable law; (ii) Required by Law; (iii) For treatment, payment, or health care operations, as permitted by and in compliance with 45 CFR 164.506; (iv) For public health activities, reporting of abuse, neglect, or domestic violence, health oversight activities, judicial and administrative proceedings, law enforcement purposes, organ donation purposes, research purposes, or to coroners, medical examiners, funeral directors, and to avert a serious threat to health or safety as permitted by and in compliance with 45 CFR 164.512.
§483.70(i)(3) The facility must safeguard medical record information against loss, destruction, or unauthorized use.
§483.70(i)(4) Medical records must be retained for- (i) The period of time required by State law; or (ii) Five years from the date of discharge when there is no requirement in State law; or (iii) For a minor, 3 years after a resident reaches legal age under State law.
§483.70(i)(5) The medical record must contain- (i) Sufficient information to identify the resident; (ii) A record of the resident's assessments; (iii) The comprehensive plan of care and services provided; (iv) The results of any preadmission screening and resident review evaluations and determinations conducted by the State; (v) Physician's, nurse's, and other licensed professional's progress notes; and (vi) Laboratory, radiology and other diagnostic services reports as required under §483.50.
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Observations:
Based on review of clinical records and staff interview, it was determined that the facility failed to maintain accurate and complete clinical records, according to professional standards of practice, by failing to ensure that a resident's clinical record included details related to injuries sustained post incidents with changes in medical status for one out of 15 sampled residents (Resident 38).
Findings include:
According to the American Nurses Association Principles for Nursing Documentation, nurses document their work and outcomes and provide an integrated, real-time method of informing the health care team about the patient status. Timely documentation of the following types of information should be made and maintained in a patient record to support the ability of the health care team to ensure informed decisions and high-quality care in the continuity of patient care: Assessments, Clinical problems, Communications with other health care professionals regarding the patient, Communication with and education of the patient, family, and the patient's designated support person and other third parties.
A review of Resident 38's clinical record revealed that the resident was admitted to the facility September 28, 2026, with diagnoses to include muscle weakness, unsteadiness on feet, multiple rib fractures to the right side, and symbolic dysfunction [refers to the breakdown in communication caused by misinterpretation or misunderstanding of symbols that can significantly impact one's ability to effectively communicate and understand others].
A review of Resident 38's comprehensive person-centered plan of care that was initiated on September 28, 2016, identified that the resident required extensive assistance with activities of daily living (ADLs) and was a potential risk for falls related to non-compliance with safety interventions. Planned interventions included extensive assistance with personal hygiene and dressing, assist of one-person with transfers, assist with tasks as needed, and observe and report any changes in cognitive status. An annual Minimum Data Set assessment (MDS - a federally mandated standardized assessment process conducted at specific intervals to plan resident care) dated March 1, 2024, revealed that the resident was cognitively intact with a BIMS score of 13 (Brief Interview for Mental Status, a tool to assess the resident's attention, orientation, and ability to register and recall new information).
A review of a nurse's progress note completed by Employee 1, a Registered Nurse (RN), dated April 15, 2024, at 6:22 a.m., indicated that the resident was assessed and an abrasion to left shin and a small laceration above left eyebrow. Blood already clotting when found by staff. Resident not on blood thinners. No LOC suspected. Resident sitting with back against right side of bed with drops of blood toward HOB (head of bed). Resident denied discomfort, pupils equal and reactive, hand grasps strong and equal, ROM (range of motion) of lower extremities at baseline with no pain/deformity noted on palpation of joints of lower extremities and upper extremities. Non-skid socks on and resident stated that he fell when he tried to go from his bed to his wheelchair. Stated that he did not ring his bell beforehand but did ring bell once he sat himself up from laying on the floor. Physician made aware of fall with new orders for Vaseline to laceration on forehead and xeroform to abrasions shins. Neuro-checks and every 15-minute checks initiated. Further review of nurses' progress notes dated April 15, 2024, at 1:37 p.m., revealed that Resident 38 was transferred to the emergency department (ED) for evaluation, resident congested with bilateral decreased breath sounds, nonproductive cough noted. Oxygen (O2) saturation at 88% on room air. O2 via nasal canula at 2 liters and 92% after O2 (oxygen) applied. Responsible party, daughter, notified of transfer and will meet the resident at the ED. Resident was awake and responsive to staff on transfer.
A review of the resident's hospital history and physical examination from trauma surgery dated April 15, 2024, at 2:21 p.m., revealed that Resident 38 present to the emergency department as a Level 2 trauma [(Potentially Life Threatening): A Level of Trauma evaluation for a patient who meets mechanism of injury criteria with stable vital signs pre-hospital and upon arrival], and recusitation preformed by trauma team after a fall that occurred sometime overnight at the nursing facility and was reported that they \ found him with a black eye at 5:30 a.m., but did not call the ambulance. They \ indicated that the resident was more lethargic than usual and indicated that he had a positive head strike. Resident was admitted with mild bibasilar atelectisis [A condition where lungs collapse partially or completely. Mild cases show no signs and symptoms, but might develop breathing difficulty when it spreads.].
The facility failed to ensure that licensed nursing staff accurately documented the findings of injuries sustained post fall in Resident 38's clinical record, such as the resident's sustained head trauma to the left side of forhead and abrasion to the left lower leg.
An interview with the Director of Nursing (DON) on May 16, 2024, at 6:25 p.m., confirmed that the facility failed to ensure that licensed nursing staff accurately recorded findings of injuries sustained post fall and event details in Resident 38's clinical record.
28 Pa. Code 211.12 (c)(d)(1)(5) Nursing services.
| | Plan of Correction - To be completed: 06/11/2024
1) The facility is unable to retroactively correct the cited issue. 2) No other resident could be immediately identified to be at risk for similar occurrence. 3) Licensed nurses were educated/reeducated on timely nursing assessments, upon potential identified Changes in Condition. Nursing Assistants were also instructed to also report any changes, they identified to the Director of Nursing or Assistant Director of Nursing upon discovery. Any potential Change in Condition identified on the daily report sheet will be discussed at the next stand-up/stand-down meeting. 4) The Director of Nursing/Designee will monitor the daily report sheets to determine potential Changes in Condition and timely nurse assessment follow up and if there was a nurses note placed in the residents permanent record regarding the changes and all actions taken. This monitoring will be 4 x week for 4 weeks. Results will be reviewed by the QA Committee for 2 months, then reevaluated.
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