F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
E

Failure to Maintain Adequate Incontinence Supplies and Gloves for Resident Care

Legendary Health Care CenterMarshall, Missouri Survey Completed on 01-07-2026

Summary

Facility administration failed to implement an effective system to ensure sufficient incontinence supplies and gloves were available to meet residents’ needs. The facility had no policy regarding maintaining sufficient supplies, and the census was 37. Observations on the day of survey showed multiple resident rooms without gloves and without appropriate incontinence briefs, despite care plans requiring the use of briefs and peri-care after incontinence episodes. Central storage rooms contained only small and medium incontinence briefs and pull-ons, while the posted resident list showed that no residents required small briefs and multiple residents required large, extra-large, triple extra-large, and quadruple/quintuple extra-large sizes, which were not in stock. One resident with frequent urinary incontinence, who required staff assistance with ADLs and wore size five-X incontinence briefs, was observed without an incontinence brief and with only one brief two sizes too small available at bedside. There were no gloves in this resident’s room. The resident reported that incontinence supplies had been low for two months, that the facility was out of briefs in the correct size, and that he/she had gone without briefs when the facility was out. The resident stated staff had brought a brief two sizes too small that could not be worn, and described having multiple incontinent episodes over the previous two days, requiring clothing changes due to lack of briefs, and feeling humiliated when incontinent without a brief. The DON confirmed this resident had not had incontinence briefs for four days. Another resident with some incontinence, whose care plan required assistance with toileting hygiene, peri-care, and use of incontinence briefs as needed, had no gloves or incontinence briefs in the room. This resident stated he/she wore briefs when the facility had them, went without when they ran out, and had been told that large briefs were unavailable that day, resulting in not wearing a brief. A third resident, frequently incontinent of bowel and bladder and care planned for peri-care with each brief change, also had no gloves or briefs in the room. This resident reported the facility had run out of his/her size briefs two weeks earlier, that staff had put on a brief that was too small, and that an incontinent episode the previous day required a clothing change because the brief was too small. Staff interviews corroborated that this resident’s correct size had been unavailable and that smaller briefs were used instead. Additional observations showed no gloves in another resident’s room, with that resident stating staff brought gloves in their pockets when providing care. There were no gloves on the medication cart at the nurse’s station, and multiple occupied rooms lacked gloves, while boxes of gloves were kept at the nurse’s station. Multiple CNAs, CMTs, and an RN reported that since August the facility had ongoing issues with low supplies of gloves, incontinence briefs, and wipes, including running out of larger brief sizes. Staff stated residents sometimes went without briefs or were placed in smaller sizes, and that gloves were removed from rooms and kept at the nurse’s station when supplies were low, with staff carrying gloves in their pockets. The DON stated she was responsible for ordering supplies twice a month and was supposed to complete daily inventory but actually did so every other day. She said staff were expected to report low supplies so that items could be purchased locally or increased on the next order, and that supply issues were discussed daily in morning meetings. She acknowledged she was not aware the facility was completely out of larger briefs until staff reported it on the survey date, and that when glove supplies were low, gloves were kept at the nurse’s station and staff were expected to take handfuls and keep them in their pockets or on carts, even though this was an infection control issue. The Administrator acknowledged ongoing issues with running low or out of supplies, attributed to higher usage of gloves and briefs and an insufficient established supply, and stated he relied on staff notification and morning meetings to monitor supply levels, and was aware that gloves and briefs were low on the survey date.

Penalty

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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0835 citations
Smoking Materials Not Controlled and Policy Not Enforced
J
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident with dementia, schizophrenia, and continuous O2 was observed on the smoking patio with cigarettes and a lighter in a plastic bag in her lap, despite staff stating she was supposed to use a smoking apron and that smoking materials were to be held by staff. Interviews showed the Administrator, DON, and Activity Director knew residents were keeping cigarettes and lighters on their person, that the smoking policy was not being enforced, and that residents with cognitive impairment or on O2 should not have access to smoking materials.

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.
Failure of Administration and Nursing Leadership to Prevent Resident Elopement
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility leadership, including the NHA and DON, failed to effectively manage operations and nursing services to ensure adequate resident supervision, resulting in an elopement when a resident did not return from a leave of absence. Review of job descriptions, facility documents, clinical records, and staff interviews showed that the NHA and DON did not carry out their defined responsibilities to operate in accordance with federal and state regulations, and the current NHA and DON acknowledged that administration failed to provide adequate supervision, creating an immediate jeopardy situation.

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.
Failure to Implement Abuse Policy and Protect Residents During Abuse Investigations
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The facility failed to implement its abuse policy when a resident made multiple abuse allegations against two CNAs. Although the administrator, acting as Abuse Coordinator, stated that policy required immediate reporting, investigation, and removal of alleged perpetrators from duty, facility records showed both CNAs continued to work their scheduled shifts during the investigation periods. Additionally, an allegation of verbal abuse by the same resident was not investigated. Review of the abuse policy confirmed the requirement for reporting, investigation, and oversight to ensure policies are followed, but these measures were not carried out, compromising resident protection during the investigation of abuse allegations.

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.
Systemic Administrative and Nursing Leadership Failures Affecting Resident Care and Services
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Administrator A and the DON did not ensure effective management and oversight of resident care and services, resulting in widespread system failures affecting all 45 residents. Surveyors found deficiencies in resident dignity, informed consent for psychotropic medications, self-administration of meds, honoring meal preferences, responses to resident council concerns, protection of health information, grievance procedures, and handling of abuse allegations. Additional problems included missing or inaccurate MDS and PASSR assessments, lack of timely PASSR refiling for new diagnoses, incomplete or delayed baseline and updated care plans, failure to notify physicians of elevated blood sugars, and unaddressed accident hazards related to bed siderails. The facility also had issues with nebulizer and nasal cannula cleaning and storage, siderail assessments and consents, call light response times, controlled substance accountability, medication errors, and improper storage of drugs and biologicals, despite job descriptions assigning the administrator and DON responsibility for regulatory compliance and quality care.

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.
Failure to Maintain Safe Hot Water Temperatures Resulting in Immediate Jeopardy
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Administration and nursing leadership failed to maintain safe hot water temperatures in all three resident areas (North Hall, South Hall, and corridor rooms). The NHA did not effectively carry out defined duties to ensure a safe, properly maintained environment and regulatory compliance, and the DON did not ensure nursing staff followed facility policies on safe water temperatures. As a result, residents were exposed to unsafe water temperatures in their rooms, creating Immediate Jeopardy under F689 (Accidents) and violating applicable state management and nursing services regulations.

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.
Failure to Prevent Resident Neglect and Enforce Smoking Safety Policies
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The facility failed to prevent neglect of a resident on continuous oxygen and at high fall risk when staff did not perform required hourly safety checks, administer medications, provide the dinner meal, or ensure oxygen therapy for several hours after the resident was noted missing, and leadership (including the DON and Administrator) were unaware for weeks that the resident had been unaccounted for prior to being found unresponsive and later pronounced deceased. The facility also failed to enforce smoking safety policies for residents with unsafe smoking behaviors and oxygen use by limiting smoking assessments to admission only, not reassessing after repeated incidents, not increasing monitoring, allowing residents to retain smoking materials, and not ensuring oxygen was removed before entry into the smoking room, while the Medical Director was not informed of ongoing noncompliant smoking behavior.

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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