§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 review of facility policies and documents, resident observations, resident and staff interviews, and resident care records, 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 22 of 47 residents (R1, R4, R5, R6, R7, R8, R9, R13, R14, R15, R16, R17, R18, R19, R20, R21, R22, R23, R24, R25, R26, and R27).
Findings Include:
Review of the facility policy "Activity of Daily Living (ADLs), Supporting" dated 1/30/24, indicated appropriate care and services will be provided for residents who are unable to carry out ADLs independently, with the consent of the resident and in accordance with the plan of care, including appropriate support and assistance with hygiene, mobility, elimination (toileting), dining, and communication.
Review of the facility policy "Answering the Call Light" dated 1/30/24, indicated the facility procedure is to ensure timely responses to the resident's requests and needs, and for staff to answer the call system within ten minutes.
Review of the "Facility Assessment" updated 2/6/24, indicated, "The facility follows state and federal regulations and guidelines on sufficiency of daily staffing."
During an observation on 5/30/24, at 1:52 p.m. Nurse Aide (NA) Employee E7 was seated at the nurses' station. Lights above room doors for Residents R15/R16, R17/R18, R19/R5, and R20 were noted to be illuminated.
During an observation on 5/30/24, at 2:04 p.m. Registered Nurse (RN) Employee E6 was seated at the nurses' station. Lights above room doors for Residents R21 and R22/R23 were noted to be illuminated.
During an observation on 5/30/24, at 2:18 p.m. the lights above room doors for Residents R13/R24, R22/R23, and R25 were noted to be illuminated. Licensed Practical Nurse (LPN) Employee E8 walked past the doors without responding. A Therapy Employee walked past the doors without responding. At this point, Environmental Services Director Employee E9 appeared to note the surveyor paying attention to the staff, and began directing staff to respond to illuminated doors, and responded herself.
During an observation on 5/31/24, at 11:02 a.m. Resident R14 was noted to be unshaven, with long, unclean fingernails.
During an interview on 5/31/24, at 11:03 a.m. Resident R26 stated that call light response is long.
Review of the clinical record revealed Resident R1 was admitted to the facility on 8/4/23.
Review of the Minimum Data Set (MDS, periodic assessment of resident care needs) dated 5/20/24, included diagnoses of osteomyelitis (inflammation of bone or bone marrow, usually due to infection), peripheral vascular disease (PVD, circulatory condition in which narrowed blood vessels reduce blood flow to the limbs), and diabetes (a metabolic disorder in which the body has high sugar levels for prolonged periods of time).
Review of a physician's order dated 5/16/24, indicated Cleanse with Dakin's 0.25% solution and pat dry. pack with Dakin's moistened gauze, cover with abd pad, and wrap with rolled gauze 2 times daily and as needed.
Review of Resident R1's Treatment Administration Record (TAR) for the previous two weeks (5/16/24 - 5/30/24) revealed the following: -5/21/24: No documentation for evening shift. -5/24/24: No documentation for day shift. -5/30/24: No documentation for day or evening shift.
During an interview on 5/31/24 at 1:21 p.m., Resident R1 stated " I don't get my protein drink. Unless [RN Employee E1] or [LPN Employee E5] is here, I don't get nothing done," gesturing to his lower legs with had multiple dressings on them.
Observation of Resident R1's Left Achilles wound at this time revealed the dressing to be dated 5/29/24, 2200 (10:00 p.m.).
During an interview on 5/31/24, at 1:25 p.m. RN Employee E1 confirmed that Resident R1's left Achilles dressing should have been changed on 5/30/24 on both day and evening shift, and that his left and right heel should have been changed on 5/30/24.
Review of the clinical record revealed Resident R4 was admitted to the facility on 7/17/23.
Review of the MDS dated 5/15/24, included diagnoses of diabetes (a metabolic disorder in which the body has high sugar levels for prolonged periods of time) and necrotizing fasciitis (also known as flesh-eating disease, is a bacterial infection that affects the skin and the tissue under it).
During an interview on 5/31/24 at 1:30 p.m., Resident R4 confirmed that he also did not have his dressing changed.
Observation of Resident R4's right lateral calf wound at this time revealed the dressing to be dated 5/29/24, 2200 (10:00 p.m.). The dressing was noted to be saturated with drainage.
During an interview on 5/31/24, at 1:31 p.m. RN Employee E1 confirmed that Resident R4's right lateral calf dressing should have been changed on 5/30/24, and right later foot dressing should have been changed twice on 5/30/24.
During an interview on 5/31/24, at 1:29 p.m. Resident R22 stated that call light response can take up to two hours, and further stated that there are not enough people (staff).
During an interview on 6/2/24, at 1:48 p.m. Resident R1 stated, "They are so busy, they're understaffed, it's ridiculous."
During an interview on 6/2/24, at 1:55 the family member for Resident R27 stated she was concerned with how often here family member is changed. Stated the facility provided "marginal care. I'm a nurse, I'm being generous. The aides almost always have a phone in their hand. No one turns or changes him. They just drop his tray off and leave. His care would be zero if she (gesturing to other family member) wasn't here.
Review of Resident Council Minutes from February 2024, through April 2024 revealed the following: -2/29/24: "Still issues with nurse aides being on phones/earbuds in ears when residents ask for help. Requesting more in house nursing staff." -3/28/24: "Nurse aides walk away saying they are getting something then don't come back. Takes too long to answer call lights." -4/28/24: "Call light responses."
Review of facility provided grievance forms from March 2024, through May 2024, revealed the following:
-3/5/24: Resident R5 entered a concern that he felt he was rushed through care and that staff plays on phone rather than answering call bells. -4/17/24: Resident R6 entered a concern that morning staff were not assisting her on and off the toilet, staff stating she can do it herself. Review of Resident R6's MDS dated 4/14/24, indicated that she required partial/moderate assistance with toileting hygiene. -4/24/24: Resident R7 entered a concern that she pushed the call bell and waited a half an hour to go to the bathroom. -5/10/24: Resident R8's family member entered a concern that Resident R8's meal tray was left on the food cart three times in a two week period, that staff did not ensure that she received a meal. Review of Resident R8's MDS dated 3/20/24, indicated that she is dependent on staff for eating. -5/15/24: Resident R9's family member entered a concern stating they were unhappy with care, that staff not answering call light timely.
During an interview on 6/14/24, at 11:30 a.m. the Nursing Home Administrator confirmed the facility failed to have sufficient nursing staff to provide nursing and related services for 22 of 47 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: 08/06/2024
1. R1, R4, R5, R6, R7, R8, R9, R13, R14, R15, R16, R17, R18, R19, R20, R21, R22, R23, R24, R25, R26 and R27 call lights are being answered timely and concern forms have been followed up on. Resident R14 has had a shave and fingernails cut. R1's orders for treatments have been reviewed by CRNP or wound practitioner and are completed per order.R4's orders for treatments have been reviewed by CRNP or wound practitioner and are completed per order. 2. Current residents in house will have a skin observation completed to ensure treatment orders are in place and completed per physician orders. Current residents will be observed for facial hair and long nails and care will be provided if needed. 3. The nursing staff will be in serviced by the DON or designee on complete PCC/POC documentation and the distribution of meal trays. The PCC documentation for the treatment administration will be reviewed by the DON or designee during clinical meetings to ensure documentation is completed for treatments in a timely manner. The nursing staff will be in-serviced on phone and ear bud use during working hours by the HRD or designee. Concern Forms will be reviewed during the clinical meeting to ensure follow up of concerns. 4. 5 resident wound treatment dressing observations will be conducted by the DON or designee to ensure wound treatments are completed timely weekly x4 weeks. The DON or designee will review PCC eTAR documentation is completed timely weekly x4 weeks. The ADMIN or designee will complete 5 call bell audits, at least 1 per shift to ensure call bells are being answered timely to ensure needs are met weekly x4 weeks, monthly x 3 months. HR director or designee will conduct rounds randomly on all shifts to ensure staff are not using phones or ear buds during working hours at least 10 observations weekly x4 weeks. The ADMIN or designee will review concern forms on a weekly basis x4 weeks to ensure follow up. The RN supervisor or designee will audit meal carts to ensure meals have been distributed to residents at least weekly x4 weeks. The audits will be reviewed by the QAPI committee and the QAPI committee will determine the need for further audits
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