§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.
|
Observations:
Based on a review of the results of the surveys conducted by the State Survey Agency at the facility during the last year and nursing hours and ratios and staff interview it was determined that facility repeatedly failed to maintain compliance with state regulations for maintaining minimum nurse staffing.
Findings include:
Review of the 28 PA Code Commonwealth of Pennsylvania Long Term Care Licensure Regulations, Nursing Services, dated July 1, 2023, indicated the following subsections.
(f.1) In addition to the director of nursing services, a facility shall provide all of the following: (1) Nursing services personnel on each resident floor. (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 nurse aide per 10 residents during the day, 1 nurse aide per 11 residents during the evening, and 1 nurse aide per 15 residents overnight. (4) Effective July 1, 2023, a minimum of 1 LPN per 25 residents during the day, 1 LPN per 30 residents during the evening, and 1 LPN per 40 residents overnight. (5) Effective July 1, 2023, a minimum of 1 RN per 250 residents during all shifts. (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 3.2 hours of direct resident care for each resident.
Review of facility surveys completed since July 5, 2023 through July 23, 2024, revealed the following:
The Survey conducted by the State Survey Agency on July 5, 2023:
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on July 1, 2023, July 2, 2023, July 3, 2023, and July 4, 2023.
Survey of September 7, 2023:
The facility failed to provide a nurse aide minimum of 1:12 residents during the day and evening shifts, and/or 1:20 residents during the night shift on August 21, 2023, August 23, 2023, August 24, 2023, August 28, 2023, September 1, 2023, and September 4, 2023.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on August 17, 2023, August 18, 2023, August 19, 2023, August 20, 2023, August 21, 2023, August 22, 2023, August 23, 2023, August 24, 2023, August 25, 2023, August 26, 2023, August 27, 2023, August 28, 2023, August 29, 2023, August 30, 2023, August 31, 2023, September 1, 2023, September 2, 2023, September 3, 2023, September 4, 2023, September 5, 2023, and September 6, 2023.
The facility failed to provide an RN minimum of 1:250 residents during the day, evening, and/or night shifts on August 17, 2023, August 18, 2023, August 19, 2023, August 20, 2023, August 21, 2023, August 22, 2023, August 24, 2023, August 25, 2023, August 26, 2023, August 27, 2023, August 28, 2023, August 29, 2023, August 30, 2023, August 31, 2023, September 1, 2023, September 2, 2023, September 3, 2023, September 4, 2023, September 5, 2023, and September 6, 2023.
The facility failed to provide the minimum number of 2.87 general nursing hours to each resident in a 24-hour period on August 21, 2023, September 1, 2023, September 3, 2023, and September 4, 2023.
Survey of October 26, 2023:
The facility failed to provide a nurse aide minimum of 1:12 residents during the day and evening shifts, and/or 1:20 residents during the night shift on October 25, 2023.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on October 25, 2023.
The facility failed to provide an RN minimum of 1:250 residents during the day, evening, and/or night shifts on October 25, 2023.
The facility failed to provide the minimum number of 2.87 general nursing hours to each resident in a 24-hour period on October 25, 2023.
Survey of December 28, 2023:
The facility failed to provide a nurse aide minimum of 1:12 residents during the day and evening shifts, and/or 1:20 residents during the night shift on December 13, 2023, December 20, 2023, December 23, 2023, December 24, 2023, and December 25, 2023.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on December 7, 2023, December 8, 2023, December 9, 2023, December 10, 2023, December 11, 2023, December 12, 2023, December 13, 2023, December 14, 2023, December 15, 2023, December 18, 2023, December 19, 2023, December 20, 2023, December 21, 2023, December 22, 2023, December 23, 2023, December 24, 2023, December 25, 2023, December 26, 2023, and December 27, 2023.
Survey of February 29, 2024:
The facility failed to provide a nurse aide minimum of 1:12 residents during the day and evening shifts, and/or 1:20 residents during the night shift on February 4, 2024, February 5, 2024, February 9, 2024, February 12, 2024, February 13, 2024, February 14, 2024, February 15, 2024, February 16, 2024, February 22, 2024, February 26, 2024, February 27, 2024, and February 28, 2024.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on February 3, 2024, February 4, 2024, February 5, 2024, February 6, 2024, February 7, 2024, February 8, 2024, February 9, 2024, February 10, 2024, February 11, 2024, February 12, 2024, February 13, 2024, February 14, 2024, February 15, 2024, February 16, 2024, February 22, 2024, February 23, 2024, February 24, 2024, February 25, 2024, February 26, 2024, February 27, 2024, and February 28, 2024.
The facility failed to provide an RN minimum of 1:250 residents during the day, evening, and/or night shifts on February 27, 2024, and February 28, 2024.
The facility failed to provide the minimum number of 2.87 general nursing hours to each resident in a 24-hour period on February 9, 2024, February 14, 2024, February 15, 2024, and February 25, 2024.
Survey of May 15, 2024:
The facility failed to provide a nurse aide minimum of 1:12 residents during the day and evening shifts, and/or 1:20 residents during the night shift on April 29, 2024, April 30, 2024, May 2, 2024, May 4, 2024, May 11, 2024, and May 12, 2024.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on April 29, 2024, April 30, 2024, May 1, 2024, May 2, 2024, May 3, 2024, May 4, 2024, May 5, 2024, May 6, 2024, May 7, 2024, May 8, 2024, May 9, 2024, May 10, 2024, May 11, 2024, and May 12, 2024..
The facility failed to provide an RN minimum of 1:250 residents during the day, evening, and/or night shifts on May 5, 2024.
The facility failed to provide the minimum number of 2.87 general nursing hours to each resident in a 24-hour period on April 29, 2024, May 4, 2024, and May 5, 2024.
Survey of July 23, 2024:
The facility failed to provide a nurse aide minimum of 1:10 residents during the day shift, 1:11 residents during the evening shifts, and/or 1:15 residents during the night shift on July 2, 2024, July 3, 2024, July 4, 2024, July 5, 2024, July 6, 2024, July 7, 2024, July 8, 2024, July 9, 2024, July 10, 2024, July 11, 2024, July 12, 2024, July 13, 2024, July 14, 2024, July 15, 2024, July 16, 2024, July 17, 2024, July 18, 2024, July 19, 2024, July 20, 2024, July 21, 2024, July 22, 2024.
The facility failed to provide an LPN minimum of 1:25 residents during the day shift, 1:30 residents during the evening shift, and/or 1:40 residents during the night shift on July 3, 2024, July 5, 2024, July 6, 2024, July 7, 2024, July 8, 2024, July 9, 2024, July 10, 2024, July 11, 2024, July 12, 2024, July 13, 2024, July 14, 2024, July 15, 2024, July 17, 2024, July 18, 2024, July 20, 2024, July 21, 2024, July 22, 2024.
The facility failed to provide an RN minimum of 1:250 residents during the day, evening, and/or night shifts on July 2, 2024, July 3, 2024, July 4, 2024, July 5, 2024, July 6, 2024, July 7, 2024, July 8, 2024, July 9, 2024, July 10, 2024, July 11, 2024, July 12, 2024, July 13, 2024, July 14, 2024, July 16, 2024, July 17, 2024, July 18, 2024, July 19, 2024, July 20, 2024, July 21, 2024, July 22, 2024.
The facility failed to provide the minimum number of 3.2 general nursing hours to each resident in a 24-hour period on July 5, 2024, July 6, 2024, July 7, 2024, July 8, 2024, July 9, 2024, July 10, 2024, July 11, 2024, July 13, 2024, July 14, 2024, July 15, 2024, July 17, 2024, July 18, 2024, July 19, 2024, July 20, 2024, July 21, 2024, July 22, 2024.
During an interview on July 23, 2024, at approximately 2:15 PM the Director of Nursing confirmed that for more than a year the facility had not been compliance with state licensure regulations, under the 28 PA Code Commonwealth of Pennsylvania Long Term Care Licensure regulations, for minimum nurse staffing.
28 Pa. Code 201.14 (a) Responsibility of licensee.
28 Pa. Code 201.18 (b)(1)(e)(1)(2) Management.
28 Pa. Code 211.12 (f.1)(2)(3)(4)(5)(f.2)(3.1)(ii) Nursing services
| | Plan of Correction - To be completed: 08/18/2024
1. The facility is unable to retroactively meet requirements for state mandated staffing ratios and PPD requirements. 2. The recruitment department has expanded services to ensure adequate staffing levels. Sign on bonuses, referral bonuses, tuition reimbursement and competitive wages are being offered. 3. The DON was re-educated maintaining nursing schedules consistent with state requirements. A daily staffing meeting will be held to ensure ratios and PPDs are met. 4. The NHA or designee will conduct an audit of the nursing schedules weekly x 4 weeks then monthly x 2 months to ensure state minimum PPD and ratios are met. The results will be submitted to the QAPI Committee for review and analysis of need for ongoing monitoring.
|
|