§483.35(a) Sufficient Staff. 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)(1) The facility must provide services by sufficient numbers of each of the following types of personnel on a 24-hour basis to provide nursing care to all residents in accordance with resident care plans: (i) Except when waived under paragraph (e) of this section, licensed nurses; and (ii) Other nursing personnel, including but not limited to nurse aides.
§483.35(a)(2) Except when waived under paragraph (e) of this section, the facility must designate a licensed nurse to serve as a charge nurse on each tour of duty.
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Observations: Based on resident observations and interviews, and grievance review, it was determined that the facility failed to have sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of 13 of 15 residents (Resident R1, R2, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, and R17).
Findings include:
During an observation on 2/23/24, at 4:25 p.m., Resident R2 stated, when asked about facility staffing and care, "There's not enough care. They are slow coming." When asked if he had ever soiled himself while waiting for care, Resident R2 stated, "Instead of coming, you crap in your diaper, and live with it."
During an interview on 2/23/24, at 4:28 p.m., when asked about facility staffing and care, Resident R5 stated, "The staff has to bust their balls."
During an interview on 2/23/24, at 4:32 p.m., when asked about facility staffing and care, Resident R6 stated, "Usually ok, but you have to wait if they are busy."
During an interview on 2/23/24, at 4:34 p.m., when asked about facility staffing and care, Resident R7 stated, "They could definitely use a few more."
During an interview with Residents R8 and R9 on 2/23/24, at 4:34 p.m., when asked about facility staffing and care, Resident R8 confirmed that call light response time can be long. Resident R9 stated, "No, there's not enough" and confirmed that she has waited over an hour for call light response. When asked if either resident had soiled themselves waiting for staff assistance, both Resident R8 and R9 confirmed that they both have.
During an observation on 2/23/24, at 4:40 p.m., Resident R10 was observed with a large amount of facial hair. When asked about facility staffing and care, she stated that she did not want to say anything bad about staff.
During an interview on 2/23/24, at 7:30 p.m., when asked if there were enough nursing staff to care for the residents Resident R10 stated (emphatically), "No, no-way." "They are short of everything, we have to wait and wait because they are so backed up, 17 patients to one aide." "The aides are beat to death." "Way too short-staffed. I've waited an hour to go to the bathroom."
During a group interview of Resident R12, Resident R13, and a family member for Resident R12 on 2/23/24, at 7:37 p.m., when asked if there were enough nursing staff to care for the residents, the family member for Resident R12 stated, "There are never enough. The evening shift sucks." "My father doesn't get his showers." "He's supposed to have assistance to go to the bathroom, but he tells me he gets up on his own because he cannot wait the aides to come and help him." "I was here on Sunday, and (Resident R13) wanted to get into bed. He waited from 6:30 p.m. until I left at 8:00 p.m. and still hadn't gotten into bed. His sister told me he didn't get into bed until after 9:00 p.m." The family member for Resident R12 stated she and the family member for R13 each watch out for the other resident because they are so worried about the care their family members receive. Resident R13 stated "I'm paralyzed on one side; I can't do anything on my own. They tell me they will be right back, and they never come."
During an interview on 2/23/24, at 8:01 p.m., when asked if there were enough nursing staff to care for the residents the family member for Resident R14 stated, "Sometimes they are short-handed, that's why I come in and try to fill-in." When asked about call light response, Resident R14 stated "it depends on how many are here, they work really hard." When asked if there was a particular time of day where they had more concerns, the family member for Resident R14 confirmed that it is worse on the evening shift.
A review of facility provided grievance forms from December 2023, through February 2024, revealed the following:
12/26/23: Resident R15 entered a concern that he wasn't bathed since admission. Review of grievance resolution on 1/3/24, indicated that care was given, referencing the bathing record attached to the investigation. This document provided bathing information for the "Previous 14 days from when the record was opened. The final date showing on the record was 1/7/24, revealing that the previous 14 days of the report would be 12/25/23, through 1/7/24. No bathing was revealed from 12/25/23, through 1/1/24, confirmed Resident R17's concern. Bathing was revealed from 1/2/24, through 1/7/24, which was after the grievance was filed.
2/1/24: Family member for Resident R1 stated "There was not enough staff and that the nurse left the building at 5:00 a.m." Review of facility documents reveal this concern was substantiated.
2/13/24: Family member for Resident R16 had concerns about Resident R16's showers. Review of grievance resolution revealed Resident R16 had missed a shower.
2/20/24: Resident R17 entered a concern that she does not have a regular aide on the day shift, and that she would like to get up between 7:30 a.m. and 8:00 a.m., but is not able to as staff come in late. Review of grievance resolution provided a plan to attempt to have regular staff, but did not address Resident R17's concern with not being assisted to get up at her desired time.
During an interview on 2/26/24, at approximately 2:00 p.m. the Director of Nursing confirmed the facility failed to have sufficient nursing staff to provide nursing and related services to 13 of 15 residents.
28 Pa. Code: 201.14(a) Responsibility of licensee.
28 Pa. Code: 201.18(e)(6) Management.
28 Pa. Code: 201.20(a) Staff development.
28 Pa. Code: 211.12(a) (c)(d)(1)(2)(3)(4)(5) Nursing services.
| | Plan of Correction - To be completed: 04/10/2024
Resident R1.R2,R5,R6,R7,R8,R9,R10,R11,R12,R13,R14,R15,R16,and R17 have had their concerns of call bell response time and showers addressed by the DON or Designee to attain or maintain the highest practicable physical mental and psycho social well being . A shower audit was completed for the previous 2-week period on residents by the DON or Designee. Areas of concern were addressed by the DON or Designee. A daily staffing meeting with the nursing management staff will be completed to address the need for sufficient nursing staff to provide timely care for the residents.
Nursing Staff will be educated by the DON or Designee on the need for timely response to the resident call bells and the need to complete the shower schedule. Nursing Supervisors will be educated by the DON or Designee on the calculation of a staffing PPD or Ratios and policy for reporting to Administration or Designee staffing levels below the required levels to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well being of the residents. Call bell audits will encompass all shifts to include 10 residents per each unit for 3 weeks then biweekly for 3 months. Shower audits will be completed daily for those residents scheduled for a shower that day for 3 weeks then biweekly for 3 months, All findings will be reported to Quality Assurance Performance Improvement Committee (QAPI) who will determine the need for continuing audits.
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