F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
L

Facility Deficiencies in Resident Care and Oversight

Waterview Heights Rehabilitation And Nursing CenteRochester, New York Survey Completed on 09-17-2024

Summary

The facility and its governing body failed to ensure appropriate quality of care for residents, as evidenced by multiple deficiencies identified during the extended Recertification Survey. There was inconsistent communication with the facility Administrator, leading to management and regulatory compliance issues. Observations revealed that residents were served meals on paper plates with plastic utensils due to insufficient dining supplies. Interviews with staff confirmed the lack of adequate stock, and the corporate controller's involvement in ordering decisions was noted. The Regional Administrator was unaware of ongoing concerns, indicating a lack of oversight and communication. Residents reported significant care concerns during a special Resident's Council meeting, including delayed call light responses, untimely medication administration, and insufficient assistance with activities of daily living. These issues were consistently reported in Resident Council meeting minutes over several months, with no documented follow-up or improvement. The Regional Administrator admitted to being unaware of the grievance follow-up issues, highlighting a failure in addressing resident complaints and grievances effectively. The facility also failed to maintain a safe, clean, and comfortable environment. Observations and interviews revealed a lack of linens, with residents found without sheets on their beds. Staff reported inadequate supplies to perform their duties, and the Regional Administrator was unaware of the linen shortages despite claims of a par system in place. Additionally, the facility did not ensure residents' rights to be free from abuse and neglect, with reports of ongoing abuse and neglect incidents not being addressed. Staffing shortages further exacerbated these issues, leading to missed medication administrations and delayed care for residents.

Removal Plan

  • Review of weekly recruitment audits of all new incoming and outgoing staff and the hiring of a recruitment officer.
  • Education of the Assistant Administrator and the Administrator regarding the role and duties of the Administration team, communication with governing body, involvement with QAPI team on an ongoing basis. Includes review of daily emails between Administrator and the Corporate Administrator involving current census, staffing issues, resident incidents requiring follow up, hospitalizations, discharges and/or deaths.
  • Invoices for linen purchases and education to administration team regarding inventory controls.
  • Two additional contracts with agencies for Registered and Licensed Nurses.
  • Review of a revised Grievance process by the Administration team including the Grievance binder with all resident grievances, follow ups and outcomes.
  • Updated Quality Assurance and Performance Improvement Plan Policy with goals and interventions.
  • Updated Facility Assessment.

Penalty

Fine: $1,008,480
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0837 citations
Failure of Governing Body to Implement Effective QAPI, Oversight, and Reporting Systems
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The governing body failed to ensure an effective QAPI program and overall management systems, resulting in multiple unresolved deficiencies in environmental services, sanitation, infection control, and medication storage and administration that affected all residents’ quality of life. Resident Council minutes and grievance logs documented ongoing complaints about inadequate linens and delayed laundering of personal clothing, while surveyors observed large amounts of unfolded clean laundry and other unsatisfactory conditions in the laundry area. Significant turnover in key leadership roles, including a new DON, Social Services Director, HR Director, and Maintenance Director, coincided with persistent maintenance and pest control issues. The facility also failed to notify the State agency when a fire watch was initiated after fire panel trouble alarms, and surveyors found the facility lacked an effective staff training program on required topics such as QAPI, effective communication, and behavioral health.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Governing Body Failed to Ensure Oversight of Fire Alarm System and Fire Watch
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The governing body failed to ensure effective oversight and implementation of policies related to the fire alarm system and Fire Watch, resulting in prolonged Fire Watch across all units without clear documentation or monitoring. The Administrator, who was newly appointed, could not initially explain the exact fire panel issue, provide vendor service reports, or show evidence of fire alarm testing, inspections, or maintenance records, and the fire alarm panel was observed in trouble mode for multiple units. The facility lacked a full‑time maintenance director, and the ongoing fire alarm and smoke detector problems, as well as the extended Fire Watch status, were not brought to the QAPI committee despite maintenance and life safety items being listed on the QAPI agenda. There was no documented process or evidence of communication between the Administrator and the governing body regarding these life safety issues or of the governing body’s involvement in QAPI oversight as required by facility policy.

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Controlled substance documentation policy lacked clear timing and sequence requirements
E
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

A facility failed to maintain a clear controlled substance policy because its P&P did not specify when to sign the CDR or complete the MAR. During review of a resident receiving PRN Tramadol for pain, the CDR and MAR showed multiple mismatched and delayed documentation times. Interviews with an LVN, another LVN, an RN, and the DON showed inconsistent understanding of the proper sequence for removing, administering, and documenting controlled meds.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Lack of Policies and Procedures for Low Air Loss Mattress Use
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Surveyors found that multiple residents with orders for low air loss mattresses (LALM) for PU/PI prevention and wound healing were using these specialty beds without any facility policy or procedure in place to guide their use. The DON confirmed there was no written P&P for LALM, including no direction on linen use, and that staff relied on manufacturer guidelines, which did not address linen. The administrator acknowledged that a P&P for LALM should exist to guide care for the many residents using these mattresses, despite job descriptions assigning responsibility for developing and implementing such policies.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Lack of Formally Appointed and Consistently Present Administrator
E
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Surveyors found that the facility lacked a formally appointed, properly licensed Administrator (ADM) serving as the NHA and did not have consistent on-site administrative oversight. Staff reported that the prior ADM had left, the Department Head Directory did not list an ADM, and a regional ADM only visited a few hours several times per week without a formal appointment letter. The receptionist also noted that this temporary ADM had been absent for several days due to a corporate conference, leaving the DON identified only as the Abuse Coordinator and no clearly designated ADM present to manage operations.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Loss of Unencrypted PHI on USB Drive Due to Lack of Policy
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The facility lacked a policy and procedure governing the use of USB drives for transmitting PHI, leading to an incident in which a resident’s complete medical record was saved to an unencrypted, non–password-protected USB drive and mailed to the resident’s authorized representative. After email transmission failed due to large file size, the MRD used a USB drive containing the resident’s medical records, medical record number, insurance details, residency dates, and share of cost, and sent it by certified mail. The envelope was later returned torn open with the USB drive missing. The ADM acknowledged that existing PHI policies were outdated and did not address USB drives or current technology.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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