§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 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, Nursing Services," dated February 23, 2023; with an effective date of 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: (2) Effective July 1, 2023, a minimum of 1 nurse aide (NA) per 12 residents during the day, 1 NA per 12 residents during the evening, and 1 NA per 20 residents overnight. (3) Effective July 1, 2024, a minimum of 1 NA per 10 residents during the day, 1 NA per 11 residents during the evening, and 1 NA per 15 residents overnight. (4) Effective July 1, 2023, a minimum of 1 LPN (licensed practical nurse) per 25 residents during the day, 1 LPN per 30 residents during the evening, and 1 LPN per 40 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 3.2 hours of direct resident care for each resident.
Review of surveys completed from July 7, 2023, to July 11, 2024, revealed the following:
Survey of July 7, 2023: -Facility failed to ensure a minimum of one NA per 12 residents on day and evening shift and failed to ensure a minimum of one NA per 20 residents on the overnight shifts, for four of five days reviewed (July 1, 2, 3, and 6, 2023). -Facility failed to ensure a minimum of one LPN per 25 residents during the day and one LPN per 30 residents during the evening for two of five days reviewed (July 1 and 2, 2023). - Facility failed to provide the minimum hours of direct care for each resident on three of four days reviewed (July 1, 2 and 3, 2023).
Survey of August 21, 2023: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift on two days; failed to ensure a required minimum of one NA per 12 residents on evening shifts for five days; and failed to ensure one NA per 20 residents on night shift on two days out of seven days reviewed for staffing (August 11, 13, 14, 15, and 16, 2023). -Facility failed to ensure a minimum of one LPN per 40 residents on night shift for one of seven days reviewed for staffing (August 13, 2023).
Survey of September 25, 2023: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift on four days; failed to ensure a required minimum of one NA per 12 residents on evening shifts for six days; and failed to ensure one NA per 20 residents on night shift on three days out of eight days reviewed for staffing (September 14-21, 2023).
Survey of November 2, 2023: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift on two days; failed to ensure a required minimum of one NA per 12 residents on evening shifts for 12 days; and failed to ensure one NA per 20 residents on night shift for five days out of 14 days reviewed for staffing (October 19, 2023 through November 1, 2023).
Survey of November 15, 2023: -Facility failed to ensure a required minimum of one NA per 12 residents on evening shifts for two days; and failed to ensure one NA per 20 residents on night shift for two days out of seven days reviewed for staffing (November 10 and 13, 2023).
Survey of December 29, 2023: -Facility failed to ensure a required minimum of NA per 12 residents on day shift for twelve out of twenty-two days (December 9, 10, 11, 15, 17, 18, 20, 21, 22, 23 ,24, and 25, 2023); one NA per 12 residents on evening shifts for eighteen days of twenty-two days (December 5, 6, 7, 8, 9, 11, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, and 26, 2023); and failed to ensure one NA per 20 residents on night shift for three days out of twenty-two days reviewed for staffing (December 11, 23, and 25, 2023).
Survey of March 25, 2024: -Facility failed to ensure a required minimum of one LPN per 25 residents on day shift for one of seven days (March 10, 2024); one LPN per 30 residents during the evening shift for three of seven days (March 8, 9, and 10, 2024); and one LPN per 40 residents during the night shift for three of seven days reviewed (March 6, 7, and 9, 2024). -Facility failed to ensure the total number of nursing care hours provided in each 24-hour period be a minimum of 2.87 hours of direct care for each resident for two of seven days reviewed (March 8 and 10, 2024).
Survey of March 26, 2024: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift for two of seven days (March 8 and 10, 2024) and one NA per 12 residents on evening shift for four of seven days reviewed (March 5, 6, 7, and 8, 2024).
Survey of May 2, 2024: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift for one of seven days reviewed (April 28, 2024), one NA per 12 residents on evening shift for six of seven days reviewed (April 25-30, 2024), and one NA per 20 residents on the overnight shift for one of seven days reviewed (April 25, 2024). -Facility failed to ensure a required minimum of one LPN per 25 residents on day shift, one LPN per 30 residents on evening shift, and one LPN per 40 residents on night shift for one of seven days reviewed (April 28, 2024). -Facility failed to ensure the total number of nursing care hours provided in each 24-hour period be a required minimum of 2.87 hours of direct care for each resident for three of seven days reviewed (April 26, 28, and 29, 2024).
Survey of June 13, 2024: -Facility failed to ensure a required minimum of one NA per 12 residents on day shift for one of seven days reviewed (June 8, 2024); one NA per 12 residents on evening shift for one of seven days reviewed (June 7, 2024); and one NA per 20 residents on the overnight shift for one of seven days reviewed (June 7, 2024). -Facility failed to ensure a required minimum of one LPN per 25 residents on day shift for one of seven days reviewed (June 9, 2024); one LPN per 30 residents on evening shift for two of seven days reviewed (June 7 and 9, 2024); and one LPN per 40 residents on night shift for five of seven days reviewed (June 4, 5, 7, 8, and 9, 2024). -Facility failed to ensure the total number of nursing care hours provided in each 24-hour period be a required minimum of 2.87 hours of direct care for each resident for two of seven days reviewed (June 7 and 8, 2024).
Survey of July 11, 2024: -Facility failed to ensure a required minimum of one NA per ten residents on day shift for four of seven days reviewed (July 5-8, 2024); failed to ensure a required minimum of one NA per 11 residents on evening shift for three of seven days (July 5, 6 and 8, 2024); and failed to ensure a required minimum of one NA per 15 residents on night shift for four of seven days (July 4, 6, 7, 9, 2024). -Facility failed to ensure a required minimum of one LPN per 25 residents on day shift for four of seven days reviewed (July 5, 6, 7, 9, 2024); and failed to ensure a required minimum of one LPN per 40 residents on night shift for five of seven days reviewed (July 4, 5, 6, 8, 9, 2024). -Facility failed to ensure the total number of nursing care hours provided in each 24-hour period be a required minimum of 3.2 hours of direct care for each resident for six of seven days reviewed (July 4-9, 2024).
28 Pa. Code 201.14(g) Responsibility of licensee 28 Pa. Code 201.18(e)(1)(2) Management
| | Plan of Correction - To be completed: 08/13/2024
Unable to correct historical findings of past surveys 2. Review of facility master schedule to be completed to identify open positions required to comply with state laws. HR director to verify positions posted for recruitment. Last 7 days of staffing to be reviewed for areas of unmet minimum requirements to review cause. Staffing huddle to be held in the AM and PM, which will include review of current census, admission, discharges to best facilitate the coordination of staff to meet PPD/Ratio compliance. 3. Education to nursing administration and staffing coordinator on state law of minimum staffing requirements. Projection of minimum staffing requirements for next 7 days to be reviewed M-F in daily staffing huddles to identify unmet requirements.
4. NHA will audit staffing weekly x4 weeks, then monthly x2 to ensure compliance. Findings will be reported to QA monthly.
|
|