§483.10(c)(6) The right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
§483.10(c)(8) Nothing in this paragraph should be construed as the right of the resident to receive the provision of medical treatment or medical services deemed medically unnecessary or inappropriate.
§483.10(g)(12) The facility must comply with the requirements specified in 42 CFR part 489, subpart I (Advance Directives). (i) These requirements include provisions to inform and provide written information to all adult residents concerning the right to accept or refuse medical or surgical treatment and, at the resident's option, formulate an advance directive. (ii) This includes a written description of the facility's policies to implement advance directives and applicable State law. (iii) Facilities are permitted to contract with other entities to furnish this information but are still legally responsible for ensuring that the requirements of this section are met. (iv) If an adult individual is incapacitated at the time of admission and is unable to receive information or articulate whether or not he or she has executed an advance directive, the facility may give advance directive information to the individual's resident representative in accordance with State law. (v) The facility is not relieved of its obligation to provide this information to the individual once he or she is able to receive such information. Follow-up procedures must be in place to provide the information to the individual directly at the appropriate time.
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Observations:
Based on record review, facility policy review, and staff interviews, it was determined that the facility failed to ensure residents' advance directives and physician orders for Life-Sustaining Treatment (POLST) were followed according to the residents' expressed wishes for 2 of 2 residents reviewed with advance directives. Resident R116 and R121)
Findings include:
Review of the facility's Advance Directives Policydated December 19, 2022, indicated the facility is responsible for respecting residents' rights to participate in medical decision-making and to exercise self-determination regarding their care. The policy states that residents will be informed of their right to accept or refuse medical or surgical treatment and to create an advance directive in accordance with the Patient Self-Determination Act (PSDA) and state law. The facility will provide written information about advance directives upon admission, or to the resident's representative if the resident is incapacitated. The policy further states that care will not be conditioned or withheld based on whether a resident has an advance directive. Any advance directive must be maintained in the resident's medical record, and admission staff must document whether the resident has an advance directive and that information regarding advance directives was provided during the admission process. If a resident expresses a desire to revise a prior advance directive, the change must be documented and a revised directive submitted in accordance with applicable regulations.
Review of thePennsylvania POLST (Physician Orders for Life-Sustaining Treatment)is a medical order designed to ensure that a patient's treatment preferences, including life-sustaining interventions and comfort measures, are clearly documented and followed across healthcare settings. At the time the POLST is completed, any existing advance directives must be reviewed. The form must be signed by a physician and the patient or authorized surrogate, though verbal physician orders are acceptable if followed by a physician signature per facility policy. If the patient's condition changes, the patient or surrogate must be contacted to update the POLST. Oral fluids and nutrition should be offered when medically feasible, and comfort measures must be provided in an appropriate setting. Patients or authorized surrogates may revoke or modify any part of the POLST at any time, including withholding or withdrawing life-sustaining treatment. The POLST should be reviewed periodically, and if it becomes invalid or is replaced, the previous form must be voided by marking through sections AE and writing "VOID" across the form. If any section is incomplete, providers should follow other appropriate methods to determine treatment preferences.
Review of Resident R 116's POLST (Physician Orders for Life-Sustaining Treatment) revealed that the resident elected DNR (Do Not Resuscitate), Do Not Attempt Resuscitation and DNH (Do Not Hospitalize) when not in cardiopulmonary arrest, with a focus on comfort measures only. Orders include the use of medications by any route, positioning, wound care, and other interventions to relieve pain and suffering. Oxygen, oral suction, and manual treatment of airway obstruction may be used as needed for comfort. Resident R 116 is not to be transferred for life-sustaining treatment but may be transferred if comfort needs cannot be met in the current location.
Review of Part C (Antibiotics) indicates that antibiotics may be used only if life can be prolonged. Review of Part D (Artificially Administered Hydration/Nutrition) indicates that oral fluids and nutrition should be offered if feasible, but Resident R116 has elected no artificial hydration or nutrition by tube.
The form was signed by the physician, the resident, and a registered nurse on August 9, 2021, acknowledging that the orders reflect the resident's known desires and best interests.
Review of Resident R 116's Minimum Data Set (MDS- federal mandated assessment tool) dated June 30, 2025, revealed the resident had been residing in the facility since 2021. The resident scored 9 on the Brief Interview for Mental Status (BIMS), indicating moderate cognitive impairment. Documented diagnoses includedcerebrovascular accident (stroke- a condition caused by interrupted blood flow to the brain resulting in neurological impairment); diabetes mellitus (failure of the body to produce insulin); and hyperlipidemia (a condition characterized by elevated levels of fats or cholesterol in the blood, which increases the risk of cardiovascular disease).
Review of the Resident R116's care plan revealed a focus area addressing advance directives. The care plan indicated the resident's code status as Do Not Resuscitate (DNR), Do Not Intubate (DNI), and Do Not Hospitalize (DNH) with comfort measures only. The care plan directed staff to refer to the resident's POLST form for specific medical orders. Review of the POLST indicated it was initiated on February 16, 2022, and revised on July 22, 2025. Interventions included that the resident's physician would periodically review the POLST form and the resident's code status during routine visits with the resident.
Review of Resident R 116's nursing notes dated January 3, 2026, at 2:46 PM, the resident was febrile and monitored for cold-like symptoms. On January 5, 2026, at 6:59 PM, nursing observed increased respiratory effort, diminished breath sounds, wheezing, elevated blood pressure (183/96 mmHg), temperature 103.7and heart rate 114 bpm (beats per minute). The physician was notified.
Continued review of nursing notes dated January 6, 2026, at 11:19 AM, the physician evaluated the resident in-house, new orders were received for immediate blood work and the resident's representative was notified and updated regarding the plan of care. Laboratory results later showed sodium 157 mmol/L, and the physician on call was contacted; the resident representative was again notified. On January 7, 2026, at 10:27 AM, laboratory results and chest X-ray results were reviewed. The chest X-ray showed early changes suggestive of pneumonia, slightly worse than prior imaging. New orders for IV (intravenous) fluids and repeat BMP were implemented. Theresident representative was informed of the findings and interventions, including the plan to normalize sodium levels.
OnJanuary 8, 2026, at 11:44 AM, the Social Services Department notified the Director of Nursing that the resident's guardian had changed the code status to full code. The resident had a previously signed POLST indicating DNR (do not resuscitate/DNI (do no intubate)/DNH (do not hospitalize) with comfort measures only, signed prior to guardianship. The physician assistant was notified, and resident was sent to the hospital.
Interview with Social Worker, Employee E6, on March 5, 2026, at 1:00 PM, she reported that she called the resident's guardian, who instructed her via phone to change the resident's code status to full code. She immediately notified the nursing department of the guardian's request. The social worker Employee E6 acknowledged that she acted on the guardian's verbal instruction without obtaining proper documentation, verifying authority, or ensuring a physician-signed POLST update. She also stated she believed there weretwo POLST forms in the resident's chart but was unable to provide or locate the second form.
The resident's guardian stated he has another POLST but was unable to provide it. He acknowledged that the POLST in the resident's clinical record was signed by the resident prior to guardianship and that after becoming guardian, he instructed the facility to change the POLST to full code, but no signed or documented POLST exists in the chart. The guardian claimed he had authority to change the resident's code status based on verbal conversations with the resident. Review of the clinical record revealed that the resident's representative was notified throughout the resident's decline, but no code status change was documented until the physician assistant sent the resident to the ER, and there is no written record of the POLST change.
Review of Resident R121's clinical record revealed Resident R121 was admitted to the facility on August 18, 2025 with a diagnosis of heart failure (condition where the heart muscle can't pump blood as well as it should), protein calorie malnutrition (happens when you are not consuming enough protein and calories), and cerebral infarct (also known as an ischemic stroke, isthe death of brain tissue due to lack of blood flow).
Review of Resident R121's Minimum Data Set (MDS- mandated assessment of a resident's abilities and care needs), dated August 25, 2025 revealed Resident R121 had a Brief Interview for Mental Status (BIMS) score of 7, indicating severe cognitive impairment.
Review of Resident R121's POLST (Portable Orders for Life Sustaining Treatment), signed August 25, 2025, revealed Resident R121 and RR (resident representative) discussed/elected DNR (Do Not Resuscitate), Do Not Attempt Resuscitation, and DNH (Do Not Hospitalize). When not in cardiopulmonary arrest, resident elected for comfort measures only, which include the use of medications by any route, positioning, wound care, and other interventions to relieve pain and suffering. Oxygen, oral suction, and manual treatment of airway obstruction may be used as needed for comfort. The resident is not to be transferred for life-sustaining treatment but may be transferred if comfort needs cannot be met in the current location.
Review of facility investigation, dated August 31, 2025, revealed on August 31, 2025 Resident R121 was found in his/her room on the floor. Resident R121 was laying on right side with head at foot of bed. Resident R121 was noted to have hematoma on right side of head and nose area. The nurse then called 911 to have Resident R121 evaluated at the emergency room (ER).
Further review of facility investigation revealed "agency nurse did not follow resident's POLST for DNR/DNI/DNH and did not obtain an order to have resident sent to ER for further evaluation. Agency nurse called 911 and left voicemail to office ... Resident was at the facility on comfort measures only and was made DNR/DNI/DNH signing a POLST form on 8/25/2025".
Interview on March 05, 2026 at 11:35 p.m. with Director of Nursing, Employee E2, confirmed Resident R121's POLST was not followed on August 31, 2025.
28 Pa. Code 201.18(e)(1) Management
28 Pa. Code 201.29 (a) Resident Rights
28 Pa Code 211.2 (d)(7) Medical Director
28 Pa. Code 211.12 (d)(5) Nursing Services
| | Plan of Correction - To be completed: 03/19/2026
Preparation and submission of this Plan of Correction does not constitute an admission or agreement with the facts alleged or conclusions stated in the Statement of Deficiencies. This Plan of Correction is submitted solely because it is required by Federal and State regulations.
1. Resident 116 has been discharged. Resident 121 has been discharged. 2. The Social Services Director/Designee completed an audit on all residents' plan of care to reflect resident representative wishes and match wishes expressed on POLST form and physician's orders. 3. Facility Educator/Designee will provide nursing staff with in-service to ensure that residents' POLST forms reflect residents' code status contained with the electronic medical record. 4. The Social Services Director/Designee will do facility audit to ensure that all residents code status; POLST and care plan are correct. 5. The Social Services Director/Designee will audit 10 residents weekly for 4 weeks; and then monthly for 3 months and quarterly at care conference. Results of audits will be presented at QAPI for further evaluation and recommendations.
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