|
PUBLIC NOTICE
The Division of
Health Service Regulation Penalty Review Committee will meet on August 9th
at
10:00 a.m.
in Room 201 of the Division of Facility
Services’
Council
Building
,
701 Barbour Drive
, on the Dorothea Dix Campus in
Raleigh
,
North Carolina
.
Proposed
administrative penalties against facilities for violations of adult care
home licensure rules and Residents’ Rights (G.S. 131D-21) will be
reviewed in order to make recommendations regarding the proposed penalty
amounts to the Division of Health Service Regulation.
Name of Facility
Cherry’s Family Care
Home #2
Bertie
County
Pinecrest
Gardens
of Lillington
Harnett
County
Lowe Family Care Home #3 New
Hanover
County
Sunrise
Assisted Living of North Hills
Wake
County
Carolina
House of
Wake
Forest
Wake
County
Slay’s Rest Home Penalty #1
Mecklenburg
County
Slay’s Rest Home Penalty #2
Mecklenburg
County
Len Care Rest Home Penalty #1
Cumberland
County
Len Care Rest Home Penalty #2
Cumberland
County
Posted
July 24 , 2007
PENALTY REVIEW
COMMITTEE
ACTIONS
PENALTY
REVIEW COMMITTEE:
AN UNCERTAIN FUTURE
For
some time, the nine-member Penalty Review Committee (PRC) met
monthly to consider penalties that were proposed for adult homes.
FORLTC Vice Chair Beverley Wheeler faithfully attended many of
these meetings, and we have devoted considerable space in this newsletter
and on our website to publishing PRC findings.
During 2005,
FORLTC helped block a move to abolish the PRC, but new legislation called
for changes to be made.
In September, FORLTC Public Policy Committee Member Christopher Ivy
began serving on a Stakeholders Committee to consider the implementation
of these changes.
In his initial report to the FORLTC Board of Directors, he
indicated that much confusion still exists; we expect to present a
detailed report from him in a future edition of this newsletter.
The
PRC met according to the previous format in September and October.
However, the new legislation states that the PRC “shall meet at
least semiannually” and the implications of this are among those that
are being considered.
At
the October meeting the group decided not to meet in November and
December.
The Penalty Review Committee members are: Alan
Richmond; Miles Stanley; Dr. Catherine Gutmann,
R.N.; Rich Williams; Dr. Richard M. Henderson; Penny Shelton, Mary Wilson; Bernella Delamora,
and Karen Gottovi, Chair.
OCTOBER 2005 PENALTY REVIEW
COMMITTEE ACTIONS
|
Facility/County
|
DFS
Proposed
|
PRC
Approved
|
Explanation
|
|
Fairview
Family Care #4
Buncombe
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The facility left several
residents without supervision on
6/14/05
. One of the residents
left alone in the facility has a diagnosis and history of
polysubstance abuse. During
the time the home was left unsupervised, the DSS investigator
discovered resident medications sitting out in the open on the
dining room table. Because
of the varying medical and mental health problems of the residents,
this lack of supervision created substantial risk for serious
physical harm an/or death.
|
|
Forest Hills
Rest Home
Penalty
#1
Cumberland
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to ensure
contact of a resident’s physician or prescribing practitioner for
verification or clarification of orders for medicines and
treatments. The
parameters were not determined on the physician’s orders for
sliding scale insulin, and the facility reduced the number of blood
sugar checks from the four per day that had been specified with no
additional orders to do so. On
3/15/05
, the resident was taken to the emergency room for hyperglycemia.
The violations created substantial risk for death or serious
physical harm.
|
|
Forest Hills
Rest Home
Penalty
#2
Cumberland
County
|
Type
B
$850
|
Type
B
$850
|
The facility failed to assure,
where at least one resident is determined by a physician or
otherwise known to be a wanderer, each exit door accessible by
residents is equipped with a sounding device that is activated when
the door is opened. Violations
continued after the date mandated in a Type B Directed Plan of
Correction issued by DFS.
|
|
Heritage
Care of
Rocky Mount
Edgecombe
|
Type
A
$9,000
|
Type
A
$3,000
|
The facility failed to
administer CPR when a resident was found unresponsive with vomit on
face and mouth. The
autopsy report determined that the resident died from airway
obstruction due to aspiration of gastric contents.
The violation increased a substantial risk due to emergency
procedures not being followed until medical intervention arrived
with the
EMS
. The penalty was
reduced because it was determined it had been trebled incorrectly.
|
|
Hermitage
House Rest Home
New
Hanover
County
|
Type
A
$3,000
|
Type
A
$3,000
|
The facility failed to assure
locking of separate areas for storing cleaning agents, bleaches,
pesticides, and other substances which may be hazardous if ingested,
inhaled, or handled. A
resident suffered a second degree burn in the buttock area and a
first degree burn to the ankle after using industrial type toilet
bowl cleaner.
|
|
Pine
Tree Villa
Wake
County
|
Type
A
$2,000
|
Type
A
$2,000
|
Staff looked for a resident
known to be disoriented with multiple diagnoses at the beginning of
the
3:00
shift on
4/23/05
and as of
3:45
could not locate the resident. There
was no information available that an organized search was initiated
by staff. A passerby
found the resident about a half-mile from the facility at
approximately 6-6:30 and it was nearly
7:00
before the resident returned to the facility.
The resident was placed at substantial risk of death or
serious physical harm.
|
|
Salem
Terrace
Forsyth
County
|
Type
B
$4,350
|
Type
B
$4,350
|
The facility failed to assure
that staff administered medications according to orders by a
licensed prescribing practitioner.
DFS and Forsyth County DSS determined in March, 2005, that
the violations directly related to the health, safety and welfare of
the residents and issued a Type B Directed Plan of Correction
requiring corrective measures by 4/15.
During a follow-up survey in May, it was determined that the
facility had not made the required corrections.
The facility stated they could comply by 6/10.
More than a month later, it was documented again that the
facility was not in compliance.
|
|
The
Braxton Home II
Alamance
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The facility failed to assure
that necessary transportation for residents was provided in an
appropriate and safe manner. On
4/19/05
in lieu of other facility staff the staff in charge of the facility
instructed Resident #2 to transport another resident to a scheduled
medical appointment. Resident
#2 had a driving record that included several infractions including
speeding, felony possession of cocaine several times and having an
open container after consuming alcohol.
Resident #2’s car insurance was terminated
1/31/05
and the car plates revoked on
3/30/05
.
|
SEPTEMBER
2005 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County
|
DFS
Proposed
|
PRC
Approved
|
Explanation
|
|
Bethamy
Retirement
Center
Rowan
County
|
Type
A
$2,000
|
Abated
|
On
1/18/05
, a resident was transported via ambulance to
Rowan
Regional
Center
for an MRI of the left shoulder.
When the procedure was completed, the resident was
transported back to the facility in the facility van.
After considering the findings of a complaint investigation
initiated by Rowan DSS on
1/25/05
and concluded on
5/04/05
, a motion to abate the proposed penalty was approved on a 5-1 vote.
|
|
Chatham
Creek Rest Home
Wake
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to assure
residents received adequate and appropriate care and services and to
assure residents were free from neglect.
A resident that had been documented as being at risk for
wandering on
8/09/04
did elope from the facility on
4/07/05
. The facility had
previously failed to identify this resident in their “Wandering
Resident Policy” and still had not done so on
4/12/05
. These violations
placed the resident and potentially other unidentified wanderers as
substantial risk for death or serious physical harm.
|
|
Eno
Point Assisted Living
Durham
County
|
Type
A
$3,000
|
$1,000
Training
|
Residents of the facility were
at risk for not receiving medications as ordered as well as not
being in the highest practicable level of physical, emotional and
social well-being due to the facility’s failure to make
arrangements for appropriate health care.
A resident was placed at substantial risk for death or
serious physical harm because the facility failed to administer
insulin as ordered and failed to ensure coordination of health care
services in relation to the resident’s blood sugar readings.
The committee reduced the recommended penalty to $1,000 to be
used for medication administration training.
|
|
Long
Acres Family Care Home #2
Wake
County
|
Type
B
$3,025
|
Type
B
$3,025
|
The facility failed to assure
staff who administered medications or who supervised medication
staff successfully completed the required clinical skills validation
of the competency evaluation. The
facility also failed to assure that staff administered medications
according to the orders by a licensed prescribing practitioner.
Violations continued after the dates mandated in a Type B
Directed Plan of Correction issued by DFS.
|
|
Thompson’s
Family Care Home
Vance
County
|
Type
B
$5,150
|
Type
B
$5,150
|
The facility failed to assure
that each staff person had no substantiated findings listed on the
N.C. Health Care Personnel Registry; failed to assure that staff
performing licensed health professional tasks were validated
competent to perform the tasks; failed to assure that at least one
staff person on the premises at all times had completed the required
CPR course; and failed to assure that staff who administer
medications were competency validated to do so.
Violations continued after the dates mandated in a Type B
Directed Plan of Correction issued by Vance DSS.
|
AUGUST 2005 PENALTY REVIEW COMMITTEE
ACTIONS
|
Facility/County
|
DFS Proposed
|
PRC
Approved
|
Explanation
|
|
A Place
to Call Home #1
Alamance
County
|
Type
B
$2,100
|
Type
B
$2,100
|
The
facility failed to assure residents received adequate and
appropriate care and services. The
facility failed to assure that each staff person had a criminal
background check and also failed to assure that personal care aide
training and competency validation were completed as required for
all staff employed to perform personal care or those who directly
supervise personal care aides. These
violations were determined to present a direct relationship to the
health, safety and welfare of all residents, and these violations
were documented as continuing Type B violations.
|
|
A Place
to Call Home #2
Alamance
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assure that responsible staff was in the facility
at all times and to assure that at no time was a resident left alone
in the home without a staff member.
Three residents had been left unattended.
These violations created significant risk that death or
serious physical harm may have occurred.
|
|
A Place
to Call Home #2
Alamance
County
|
Type
B
$2,100
|
Type
B
$2,100
|
(Explanation
is the same as that reported above for
A Place
to Call Home #1.)
|
|
Pinebrook
Residential Center #1 Proposal #1
Yadkin
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to provide residents the appropriate care, safety,
and services necessary to enable them to attain and maintain their
highest level of physical, emotional, and social well-being.
Residents were placed at risk of an exacerbation of either
existing physical or mental health and/or physical harm.
|
|
Pinebrook
Residential Center #1 Proposal #2
Yadkin
County
|
Type
A
$2,000
|
Type
A
$1,000
|
The
facility failed to administer a medication to a resident as ordered
by the prescribing physician. This
failure placed the resident at risk of serious physical harm.
|
|
Pinebrook
Residential
Center
#1 Proposal #3
Continued
Yadkin
County
|
Type
A
$1,600
|
Type
A
$1,000
|
The
facility was cited with a Type A violation with a Directed Plan
correction date. A
follow-up survey showed that the violation previously cited had not
been corrected. This
represented a failure to correct the Type A violation for a period
of 16 days. This failure
placed the resident at substantial risk of physical harm.
|
|
Pinebrook
Residential Center #2 Proposal #1
Yadkin
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to administer medications to residents as ordered by
the prescribing physician. This
failure placed residents at risk of serious physical harm or death.
|
|
Pinebrook
Residential Center #2 Proposal #2
|
Type A
$2,000
|
Type
A
$2,000
|
The
facility failed to provide residents the appropriate care, safety,
and services necessary to enable them to attain and maintain their
highest level of physical, emotional, and social well-being.
Residents were placed at risk of an exacerbation of either
existing physical or mental health and/or physical harm.
|
|
Lenoir
Park
Caldwell
County
|
Type
A
$1,000
|
$1,000
for
Training
|
A
motion was passed in lieu of the penalty, to have the $1,000 go
towards education regarding medication monitoring and
anticoagulation therapy.
|
JUNE
2005 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County
|
DFS Proposed
|
PRC
Approved
|
Explanation
|
|
Cambridge
Hills of Pittsboro
Chatham
County
|
Type
A
$6,000
|
Type
A
$6,000
|
The
facility failed to assure that residents received care and services
that were adequate and appropriate.
The facility failed to maintain the required alarm system on
exit doors and failed to assure supervision of residents that were
disoriented or otherwise known to be wanderers.
Resident #18 wandered from the facility to a nearby highway.
The violations placed Resident #18 at substantial risk for
death or serious physical harm.
Because of a previous violation in the same rule areas, the
penalty was trebled.
|
|
Elks
Rest Home, Inc.
Beaufort
County
|
Type
A
$10,000
|
Abated
|
The
facility failed to assure that residents received adequate and
appropriate care and services and failed to supervise residents who
smoke and need supervision.
|
|
Rosewood
Assisted Living
Gaston
County
|
Type
A
$6,000
|
Type
A
$6,000
|
There
was a failure of the third shift staff to notify either one of the
following: EMS, the resident’s physician, or another licensed
health care professional in order to provide the care, safety and
services necessary to enable a resident to maintain the highest
practicable level of physical well being.
This placed the resident in substantial risk of death or
serious physical harm.
|
|
Vance
Manor
Vance
County
|
Type
A
$2,000
|
Type
A
$2,000
|
Based
on the findings of a follow up survey conducted by DFS and Vance DSS,
the facility failed to assure that residents received adequate and
appropriate care and services and failed to provide residents with
care, safety, and services necessary to enable the residents to
attain and maintain the highest practicable level of physical,
emotional, and social well-being.
The facility failed to correct Type B violations according to
the directed plan.
|
|
Vance
Manor (2)
Vance
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that all residents’ rights were
maintained and exercised without hindrance.
The facility also failed to assure residents were free of
mental and physical abuse, neglect or exploitation.
The facility failed to take any measures to safeguard a
resident allegedly sexually assaulted by another resident or to take
any measures to supervise the alleged perpetrator or prevent
possible harm to other residents.
|
|
Vance
Manor (3)
Vance
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services and failed to supervise, on an
individualized basis, residents who smoke and need supervision or to
have a written policy on smoking.
The failure to supervise these residents’ smoking coupled
with the age and condition of the building placed all 24 residents
at risk of death or serious physical harm.
|
MAY 2005 PENALTY REVIEW COMMITTEE
ACTIONS
|
Facility/County
|
DFS Proposed
|
PRC
Approved
|
Explanation
|
|
Marjorie
McCune
Memorial
Center
Buncombe
County
|
Type
A
$1,000
|
Type
A
$1,000
|
According
to an investigation completed by the Buncombe County DSS, the
facility failed to implement physician orders, procedures or
treatments as written for two residents.
This failure placed residents at risk of serious physical
harm.
|
|
Marjorie
McCune
Memorial
Center
Buncombe
County
|
Type
B
$1,125
|
Type
B
$1,125
|
The
facility failed to administer medications or treatments according to
physician orders and within one hour before or after the prescribed
or specified time unless precluded by emergency situations.
These “B” level violations were not corrected by the
11/26/04
agreed upon correction date and had
not been corrected as of the last inspection date of
1/10/05
.
This represents 45 days of continued violation.
|
|
Alterra
Clare
Bridge
of
Cary
Wake
County
|
Type
A
$2,000
|
Type
A
$6,000
(Trebled)
|
Based
on the finding of a complaint investigation conducted by Wake County
Human Services beginning on
10/29/04
, the facility failed to assure that
residents received adequate and appropriate care and services and to
assure that residents remained free from neglect.
The facility failed to assist residents to attend to personal
needs residents may be incapable of or unable to attend for
themselves.
|
|
Cherry’s
Family Care Home #2
Bertie
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services and failed to assist residents to
attend to any personal needs residents may be incapable of or unable
to attend for themselves. The
facility failed to develop written policies and procedures regarding
missing residents and regarding identification and supervision of
wandering residents. Additionally,
the facility failed to maintain required sounding devices that would
be activated when the door is opened when there was any resident who
was known to be disoriented or a wanderer.
|
|
Long
Acres Family Care Home #2
Wake
County
|
Type
A
$1,000
|
Type
A
$1,000
|
Based
on the findings of a routine monitoring visit conducted by Wake DSS
on 12/13/04, the facility failed to assure that residents received
adequate and appropriate care and services and that there was
adequate staff at all times for assuring that at no time residents
would be left alone in the home without a staff member.
|
|
Long
Acres Family Care Home #2
Wake
County
|
Type
B
$500
|
Type
B
$500
|
The
facility failed to assure that residents received adequate and
appropriate care and services and failed to assure that licensed
health professional support was provided as required for performing
physical assessments of residents, evaluating residents’ progress
to care being provided and documenting changes in the care as needed
for residents with identified needs.
|
|
Long
Acres Family Care Home #1
Wake
County
|
Type
A
$1,000
|
Type
A
$1,000
|
Based
on the findings of a routine monitoring visit conducted by Wake DSS
on 12/13/04, the facility failed to assure that residents received
adequate and appropriate care and services and that there was
adequate staff at all times for assuring that at no time residents
would be left alone in the home without a staff member.
|
|
Brooks
Family Care Home #1
Cleveland
County
|
Type A
$1,000
|
Type
A
$1,000
|
According
to the proposal submitted by Cleveland DSS, the facility failed to
assure that there was a staff person on duty in the home at all
times so that no resident was left alone in the home.
This failure presented a risk of serious harm to a resident
with serious health problems, a history of alcohol abuse and who may
be disoriented at times.
|
APRIL 2005 PENALTY REVIEW COMMITTEE
ACTIONS
|
Facility/County
|
DFS
Proposed
|
PRC
Approved
|
Explanation
|
|
The
Meadows of Laurinburg
Scotland
County
|
Type
A
$10,000
|
Type
A
$10,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assure that the hot water system was maintained
at a temperature that did not exceed 116 degrees F.
On
11/19/04
Resident #1 had taken a bath, turned
on the hot water and was unable to mix cold water with the hot
water. The resident was
observed to have approximately 25% second and first degree burns.
The resident was transported to the local hospital and later
to the
UNC
Jaycee
Burn Center
but died on
11/22/04
. According to facility
records for the water temperature check, the temperatures varied
from 150 to 170 degrees F. and the facility was out of compliance in
water temperatures for seven of the last ten months.
During this time period the facility failed to post signs
warning residents and staff of the danger of the hot water and
failed to get the maintenance corrections completed in a timely
manner. The violations
placed all residents at significant risk of death or serious
physical harm.
|
|
Eldo
Family Care Home #3
New
Hanover
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The
facility failed to assure that adequate and appropriate care and
services were provided to all residents and that at all times, there
was staff in the facility to assure that at no time were the
residents left alone. Staff
Member #1 left residents unattended more than once.
All six residents in the facility had recorded medical and
mental illness diagnoses that required supervision.
These violations created substantial risk that death or
serious physical harm would occur.
|
|
Hermitage
Rest Home
New
Hanover
County
|
Type
A
$2,000
|
Abated
$0
|
No
penalty; penalty was abated.
A
complaint investigation initiated by DSS had found that the facility
failed to assure that residents were assisted, as needed, to attend
to any personal needs they may be incapable to attend for
themselves. The incident
involved a resident who left the facility without signing out and
was later admitted to a psychiatric hospital.
|
|
Sunnyside
Assisted Living
Rutherford
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that medications were administered
according to orders by the prescribing practitioner for three
residents. For at least
one of these three residents, the physician states that a hospital
emergency room visit may have been avoided if the medication orders
at the time of a previous hospital discharge 15 days earlier had
been followed.
|
|
Macon
Street Cornerstone Home
Wilson
County
|
Type
A
$1,500
|
Type
A
$1,500
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assure that arrangements were made to enable
residents to be in the best possible health condition and to assure
that staff administered medications according to orders from a
licensed prescribing practitioner.
|
|
Christian
Care of
New Bern
Craven
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that all residents received adequate and
appropriate care and services. The
facility failed to assure that at least one staff person on the
premises at all times had completed a course on cardio-pulmonary
resuscitation and choking management, including the Heimlich
maneuver, according to rules, and failed to assure that facility
emergency policies and procedures for staff guidance included
procedures for “full code” residents in the facility.
The facility’s failure to assure that there was staff on
the premises to perform CPR and the failure to assure appropriate
emergency policies and procedures were in place, placed all
residents in the facility at significant risk of death or serious
physical harm.
|
MARCH 2005 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County
|
DFS
Proposed
|
PRC
Approved
|
Explanation
|
|
Harris
Family Care Home
Carteret
County
|
Type
B
$1,500
|
Type
B
$1,500
|
The facility failed to assure
that staff had no substantiated findings listed on the N.C. Health
Care Personnel Registry and had criminal background checks.
The facility also failed to maintain kitchen, dining and food
areas to protect from contamination, to have a three day supply of
perishable foods and five day non-perishable foods, and to maintain
menus or menu substitutions for regular or therapeutic diets.
DSS issued a Type B Directed Plan of Care to be implemented
no later than
9/18/04
. During monitoring
conducted on
10/13/04
, the facility was found to remain out of compliance.
|
|
The
Oasis of Four Oaks #2
Johnston
County
|
Type
B
$3,050
|
Type
B
$3,050
|
The facility continued to fail
to correct the originally cited violations in a Type B Penalty
Proposal recommendation. The violations involved failure to assure
that staff administered medications according to orders by a
licensed prescribing practitioner.
|
|
Raeford
Manor
Hoke
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to assure,
when there is at least one resident determined by a physician or
otherwise known to be disoriented or a wanderer, that the exit doors
were equipped with a sounding device that is activated when the door
is opened. On
7/09/04
unknown to the staff, Resident #1 left the facility.
Resident #1 did sustain injuries as a result of wandering
from the facility. Additionally,
there were four other residents in the facility at that time who
were diagnosed with dementia and were disoriented or wanderers. The
violation created significant risk of death or serious physical harm
and harm did occur to Resident #1.
|
|
Southern
Seasons Family Care Home
Alamance
County
|
Type
A
$1,500
|
Type
A
$1,500
|
The facility failed to assure
that residents received adequate care and services and to assure
arrangements for appropriate health care were made as needed to
enable residents to be in the best possible health condition.
The facility failed to assure that medication orders for
Resident #1 were clear and complete and properly followed by staff.
Staff were not trained or competent to provide diabetic care
to this resident and there were no policies and procedures in place
to guide the staff. For
a 24 hour period on 5/5-6/04, the resident experienced symptoms
including nausea but the staff did not seek medical advice or
intervention during this time period.
The violation created a significant risk of death or serious
physical harm. Harm did
result for Resident #1.
|
|
Cypress
Manor
Washington
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to assure
that residents received adequate and appropriate care and services
and that staff administered medications according to orders by a
licensed prescribing practitioner.
Resident #27 was not administered insulin as ordered.
Additionally, there were three other residents that were not
administered medications as ordered. This
violation created substantial risk that death or serious physical
harm may occur. Harm
resulted to Resident #27.
|
|
The
Oasis of Four Oaks #3
Johnston
County
|
Type
B
$2,475
|
Type
B
$2,475
|
The facility failed to assure
that therapeutic diet orders were written in specific orders for
residents requiring these diets; failed to maintain an accurate
listing of residents with physician ordered therapeutic diets; or to
serve these therapeutic diets as ordered.
During September, 2004, four of seven residents included in
the review did not receive diets as ordered.
During October, three of six residents did not receive diets
as ordered. DSS
determined that these violations directly related to the health,
safety, and welfare of the affected residents and issued a Type B
Plan of Correction to be implemented no later than
8/16/04
. Follow-ups on
10/11/04
and 11/22-23/04 determined that the facility continued to fail to
make necessary corrections.
|
|
Port South
Village/Tara L. Villa
New
Hanover
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to assure
that residents received adequate and appropriate care and services.
The facility failed to assure that staff administered
medications as ordered by a licensed prescribing practitioner.
The facility had received a Type B Directed Plan of
Correction of
9/8/04
based on unqualified staff administering medications.
Staff continued to administer Dilantin after the facility was
informed to hold the medication.
The violation created substantial risk for death or serious
physical harm.
|
|
South
Asheville Family Care Home
Buncombe
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The facility failed to assure
that the Adult Care Home Bill of Rights was protected for residents
in the facility. As a
result, the residents were placed at risk of serious physical harm
or death.
|
FEBRUARY 2005
PENALTY REVIEW COMMITTEE
ACTIONS
|
Facility/County
|
DFS Proposed
|
PRC
Approved
|
Explanation
|
|
Cambridge
Hills of Pittsboro
Chatham
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to maintain the required alarm system on exit doors
to be activated and failed to assure supervision of residents that
were disoriented or otherwise known to be wanderers.
There were not policies and procedures in place to assure
staff identified and supervised residents that may wander.
At least four of the six residents known to be wanderers had
elopement incidents without the staff’s knowledge between
2/15/04
and
7/24/04
. These violations placed
these residents at significant risk of death or serious physical
harm.
|
|
The
Meadows of
Aberdeen
Scotland
County
|
Type
A
$2,000
|
Type
A
$2,000
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to supervise, on an individualized basis, residents
who smoke and need supervision.
Resident #1 was discharged to the facility from
Dorothea
Dix
Hospital
on
4/10/02
with a history of fire-setting and an aftercare plan.
That documentation stated that the resident should be
monitored for turning in lighters and matches after smoking.
Staff stated they were unaware of the resident’s history
and care plan and that this information had not been maintained in
the resident’s current file. Based
on this failure to supervise Resident #1’s smoking, all 41
facility residents were placed at significant risk of death or
physical harm when the facility caught fire on
2/11/04
after Resident #1 had been observed
coming from a vacant room where the fire originated.
|
|
New Hope
Living
Center
at RTP
Durham
County
|
Type
A
$1,000
|
Type
A
$1,000
|
The
facility failed to assure residents received adequate and
appropriate care and services or to receive an appropriate response
to requests from facility staff.
The facility failed to assist residents when necessary to
attend to personal needs residents may be incapable of or unable to
attend for themselves and failed to assure transportation to needed
health facilities. These
violations created substantial risk that death or serious physical
harm could occur.
|
|
Olin
Village
Iredell
County
|
Type
A
$2,000
|
Type
A
$1,000
|
After
considerable discussion of one resident’s decline, the care that
was provided including hospitalizations, and unsuccessful attempts
to place the resident in a nursing home, the PRC reduced the
proposed $2,000 penalty to $1,000.
The penalty information states that the resident had
significant changes and did not receive the required assessment or
referral for services and treatment until hospitalized.
DSS found that the facility failed to discharge the resident
after a physician had signed an FL-2 form on
4/23/04
upgrading to Skilled Nursing
Facility until
6/25/04
when the resident was hospitalized.
The resident suffered serious physical harm.
|
|
Vance
Manor Rest Home
Vance
County
|
Type
B
$1,275
|
Type
B
$1,275
|
The
facility failed to assure that adequate and appropriate care and
services were provided to residents.
The facility failed to make arrangements for appropriate
health care to enable the residents to be in the best possible
health condition. DFS
issued a Type B Directed Plan of Correction to be implemented no
later than
8/02/04
.
A follow-up survey on 8/25-26 determined that the facility
had not substantially corrected the violations.
Continuing violations and problems directly related to the
health, safety and welfare of six out of the seven residents were
identified.
|
|
Wake
Care Inc. DBA Martin House of
Raleigh
Wake
County
|
Type
B
$5,520
|
Type
B
$5,520
|
Based
on a Change of Ownership Survey conducted from 6/29-7/1/04, the
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assure the participation of a licensed health
professional in the on-site review and evaluation of residents’
health status, care plan and care provided.
The facility failed to assure that staff performing licensed
health professional support-type tasks were competency validated.
The facility failed to make arrangements to enable residents
to be in the best possible condition and to assure that staff
administered medications according to orders by a licensed
prescribing practitioner. DFS
issued a Type B Directed Plan of Correction to be implemented no
later than7/30. A
follow-up survey on 8/18-19 determined that the facility had not
substantially corrected the violations.
A second follow-up survey on 10/26-28 concluded that
Medication Administration remained substantially non-compliant.
These continuing violations directly related to the health,
safety and welfare of the residents.
|
JANUARY
2005 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County
|
DFS
Proposed
|
PRC
Approved
|
Explanation
|
|
The
Bradford
Village
of
Kernersville-East
Forsyth
County
|
Type
A
$1000
|
Type
A
$1000
|
The
facility failed to assure that adequate and appropriate care and
services were provided to all residents.
The facility failed to assure the development and
implementation of written policies and procedures in the use of
alternatives to physical restraints and in the care of residents who
are physically restrained, failed to orient staff in these, failed
to assess and care plan for residents prior to being restrained,
failed to involve the resident or resident representative in the
restraint decision, failed to follow requirements on physician
orders or to apply restraints according to manufacturer's
instructions.
|
|
Carrboro
Senior Living
Orange
County
|
Type
A
$1000
|
Type
A
$1000
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assure that staff administered medications
according to orders by a licensed prescribing practitioner.
The violations created substantial risk for death or serious
physical harm to all residents with medication orders.
|
|
Mae's
Rest Home
Rutherford
County
|
Type
A
$1000
|
Type
A
$1000
|
The
facility failed to arrange for appropriate health care in a timely
and appropriate manner after a resident developed a skin lesion.
No documentation was found showing a date the skin lesion was
first observed by staff nor was there a record of physician
involvement regarding the skin lesion until it was identified as a
stage III pressure ulcer.
|
|
Oakdale
Heights
Pinehurst I, LLC
Moore
County
|
Type
A
$1000
|
Type
A
$1000
|
The
facility failed to assure appropriate and adequate care and
services. The facility
failed to make arrangements as needed to enable the residents to be
in the best possible health condition and to assure that therapeutic
diets were served as ordered.
|
|
The
Oasis of Four Oaks
Johnston
County
|
Type
B
$1,450
|
Type
B
$1,450
|
The
facility failed to assure that staff administered medications
according to orders by a licensed prescribing physician, including
antipsychotics, antihypertensive medicines, and antidepressants.
The violation directly affected the residents' health, safety
and welfare. DSS issued
a Type B Directed Plan of Correction to take corrective measures.
During a followup monitoring visit, DSS documented that the
facility failed to correct the violations.
|
|
Primrose
Villa Retirement Home
Harnett
County
|
Type
A
$1,500
|
Type
A
$1,500
|
The
facility failed to assure that residents received adequate and
appropriate care and services. The
facility failed to assist residents, when necessary, on an
individual basis, as well as to attend to any personal needs the
residents may be incapable of or unable to attend for themselves.
The facility also failed to provide occasional or incidental
medical care such as rotating positions of residents confined to
bed. These violations
created substantial risk of serious physical harm or death.
|
|
Trinity
Villas #2
Nash
County
|
Type
A
$2,00
|
Type
A
$1,000
|
The
facility failed to assure that all residents received adequate and
appropriate care and services. The
facility had residents that were determined or were otherwise known
to be disoriented or a wanderer.
The facility failed to ensure that exit doors were equipped
with a sounding device that is activated when the door is opened and
that the control panel to deactivate is located in the office of the
administrator. The
facility failed to take the required precautions established by
rule. These violations
created substantial risk for death or serious physical harm.
|
|
Wade
Assisted Living
Cumberland
County
|
Type A
$2,000
|
Type
A
$2,000
|
The facility
failed to assure that all residents received adequate and
appropriate care and services. The
facility failed to make arrangements for appropriate health care as
needed to enable the residents to be in the best
possible health condition.
The facility failed to correct Type B violations. The
findings of this violation were determined to have seriously
increased to pose a significant risk of death or serious physical
harm. The facility
failed to make arrangements so that the health care needs were
coordinated to enable residents to be in the best possible health
condition.
|
DECEMBER 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved
|
Explanation |
|
Autumn Green Adult Care Home |
Type B
$1,850 |
Type B
$1,850 |
According to information from the Health Care Personnel Registry,
Patricia Tiller, live-in-administrator and care-giver was listed
with one substantiated finding of Neglect of a Resident, entered on
4/04/03. Another finding was substantiated for misappropriation of a
resident's property on or about May 22, 2003. Wake DSS determined
that the violation directly affected the health, safety and welfare
of the residents and issued a Type B Directed Plan of Correction
directing the administrator to employ staff other than Ms. Tiller
for responsibilities for carrying out the work of the family care
home. The facility failed to implement any corrective measures.
Instead, prior to the issuance of any negative sanctions from either
DSS or DFS, Ms. Tiller filed petition for a contested case hearing
and filed complaint for a restraining order against both agencies.
At this time, the petitions have not been heard or dismissed. As of
the last documented monitoring visit conducted on 8/24/04 by Wake
DSS, Ms. Tiller continued to staff the facility. |
|
Champions Assisted Living
New Hanover County |
Type A
$3,000 |
Type A
$3,000 |
The facility failed to provide adequate supervision to prevent
elopement of two of seven residents with a diagnosis of
Dementia/Cognitive Decline and failed to implement the facility's
elopement policy and procedures when Resident #1 and Resident #3
identified as wanderers, left the facility. One resident, with a
history of elopement and living in the special care unit, was
permitted to walk around the facility outside the special care unit
unsupervised. The other resident was seen going outside of the
facility unsupervised, but no action was taken. The facility is
located where traffic is heavy and dangerous. These violations
created substantial risk for serious harm or death. |
|
Dayspring Assisted Living of Burgaw Proposal # 1
Pender County |
Type B
$6,350. |
Type B
$6,350 |
The facility failed to assure that staff who administered
medications successfully completed clinical skills' validation prior
to administration of medications. The facility failed to ensure
contact with the resident's physician or prescribing practitioner
for verification or clarification of orders for medications or
treatments and failed to assure that staff administered medications
as ordered. The facility failed to assure that hot water
temperatures at fixtures used by residents were maintained between
100 degrees F and 116 degrees F. |
|
Dayspring Assisted Living of Burgaw Proposal # 2
Pender County |
Type A
$1,000 |
Type A
$1,000 |
The facility failed to assure the provision of transportation to
appropriate health facilities or make arrangements for appropriate
health care to enable the resident to be in the best possible health
condition. Based on the investigation six of six residents had
missed seven scheduled physician appointments from 5/11/04 to
5/20/04. Of these, resident #19's diagnoses include history of brain
injury, hypertension, obesity, hyperlipidemia, urinary incontinence,
and constipation. The resident was seen by the primary physician on
5/17/04 for left leg swelling and pain and was referred to have a
Venous Duplex Ultrasound test on 5/20/04 to confirm or rule out a
deep vein thrombus. The facility had no staff to provide the
necessary transportation and rescheduled for 6/07/04 without
notifying the primary physician. This created potential for
significant risk of death or serious harm for Resident #19.
|
|
G. Anthony Rucker Rest Home |
Type A
$2,000 |
Type A
$2,000 |
The facility failed to ensure that, prior to administering
medications or treatments, there was verification or clarification
of physician orders. The facility also failed to document
medications as administered on the medication administration record.
Resident #3 was diagnosed with vascular dementia, acute delirium,
major depression and psychotic features according to a current Fl-2
dated 12/15/03, On 5/15/04, facility staff administered narcotic
skin patches to Resident #3 on five body areas without appropriate
physician orders and without documentation that these narcotic
patches were administered. Resident #3 had been assessed by the
facility with decubitus ulcers to those areas and according to staff
interview, the administrator had purchased Curad Telfa pads to treat
the areas prior to obtaining a physician appointment. Instead
Duragesic 25mcg foil packets were administered. Upon admission to
the hospital, the resident was noted by emergency room staff to be
"virtually unresponsive" and in an altered mental state.
Resident #3 was admitted to the hospital and monitored for four
days, then discharged to a skilled nursing home |
|
The Oasis of Four Oaks
Johnson County |
Type A
$4,000 |
Type A
$4,000
|
Resident #74, #82, #9, #83,#36 #46, #61 and #85 did not receive
coordination of care between the facility,,, the contracted mental
health services, and the medical physicians. The facility had 69 of
102 residents with mental illness diagnoses, including
schizophrenia, bipolar disorder, physchosis disorders, mild and
severe retardation, and alcohol /drug abuse. The sampled eight of
the eleven residents were diagnosed with mental illness or substance
abuse. These residents exhibited significant behaviors that included
confrontation, threatening outbursts, hallucinations, substance
abuse, drug overdose, or suicide attempts during the time period
investigated. There were no staff interventions for these behaviors
or coordination with health providers. These violations placed these
residents at increased risk for serious physical harm or death.
Residents #36 and #46 had made suicide attempts. Based on staff
interviews, the administrator had physically and mentally abused
residents over a period of time, with increased frequency since
January 2004. |
|
Soul Family Care Home
Buncombe County |
Type A
$1,000 |
Type A
$1,000 |
According to an investigation by the Buncombe County DSS, the
facility failed to assure that staff was in the facility at all
times to provide all required duties. In addition, the facility
failed to administer medications within one hour before or after the
prescribed or scheduled time and to assure that each resident is
served at least three nutritionally adequate meals per day at
regular hours. This placed residents at risk by not receiving their
scheduled evening meal and PRN medications. |
|
Th e Meadows of Garner |
Type A
$2,000 |
Type A
$5,000 |
According to Wake DSS during April and May, 2004 the facility
failed to provide adequate supervision when Resident A was
discovered to be missing from the facility between 4/19/04 and
4/20/04. Based on staff interviews conducted by the administrator
and the police, staff determined that Resident A was last seen at
approximately 10:45 pm on 4/19/04 but was not considered missing
until approximately 8:00 am on 4/20/04. At that point a search was
conducted and the police contacted. Resident A's diagnoses included
schizophrenia, mental retardation, coronary artery disease, history
of congestive heart failure, history of ventricular arthritis,
pacemaker with chronic pain at site, and GERD. Additionally,
Resident A had been adjudicated incompetent and had a general
guardian appointed. The facility's failure to conduct routine
supervision based on residents' needs, placed Resident A at
increased substantial risk for death or serious physical harm. |
|
Zollieville Rest Home #2
Franklin County |
Type A
$2,000 |
Type A
$2,000 |
Assessments were not completed for all residents following a
significant change in the residents condition. For restrained
residents, requirements were not followed regarding appropriate
restraint checks and releases. Resident # 13 was not positioned
correctly, or checked and released according to requirements. Upon
further direct observation of Resident #13, this resident had
experienced skin breakdown. Three pressure ulcers had developed on
the resident's buttocks ranging from Stage 1 to ll-lll. The resident
was diabetic, non ambulatory, incontinent of bowel and bladder,
restrained in a geri-chair on a daily basis and had a recent history
of pressure ulcers. Residents #8,#10,#13, #15,and #23 were
restrained daily. Facility records for all five of these residents
contained incomplete documentation of staff providing required
monitoring and positioning. Resident #13 had experienced a
significant change that went unevaluated. These violations created
substantial risk of serious harm or death.
|
OCTOBER 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
A Place to Call Home #2
Alamance County |
Type B
$3,725 |
Type B
$3,725 |
The facility has continually failed to assure that residents
received adequate and appropriate care and services. The facility
failed to comply with requirements for maintaining furniture in
residents' bedrooms and for assuring competent and qualified staff
in the facility. These violations directly affected the health
safety or welfare of the residents. The facility had obtained no
evidence that their staff met requirements for TB testing or
qualifications for Health Care Registry. Criminal Records checks or
personal care aide training. The facility's continued failure to
provide bedroom furniture storage was considered a violation
impacting resident welfare. |
|
Carrboro Senior Living
Orange County |
Type A
$2,000 |
Type A
$2,000 |
Based on the findings of a complaint investigation the facility
failed to make necessary arrangements for appropriate health care as
needed. Resident #1 had physician orders for Home Health Care Agency
involvement for daily dressing changes and daily subcutaneous
injections of lovenox (anticoagulant) which the facility failed to
assure was administered. Resident #2 was hospitalized for
dehydration, and ordered to have HCTZ (diuretic/blood pressure
medication ) to be discontinued but the facility continued to
administer. Resident #2 did not have dietary supplements as ordered.
Resident #3 on orders for Depakote and valporic acid levels, did not
have these levels taken. |
|
Cherry's Family Care Home #2
Bertie County |
Type A
$1,0000 |
Type A
$1,000 |
Based on the findings of a complaint investigation conducted by
Bertie DSS, the facility failed to assure all residents received
adequate and appropriate care and services. The facility failed to
notify the resident's responsible person, the appropriate law
enforcement agency and the county department of social services when
a resident's whereabouts were unknown. With the resident's diagnoses
of Alcohol Abuse, Bi-polar Disorder, Seizure Disorder and Asthma,
there was reason to be concerned for the resident's safety. During
the time Resident # 1 was missing from the facility this resident
was seen in two different hospitals for seizure disorder. The
r3esident's Dilantin levels were documented below therapeutic levels
on 4/01/04 and 4/02/04. |
|
Concord Retirement Center
Cabarrus County |
Type B
$1800 |
Type B
$1800 |
The facility failed to correct a type "B" violation by
the specified correction date. The specified date of correction was
4-15-04 survey. The violation was in the area of Health Care. This
represents 18 days past the directed correction date. |
|
Croatan Village
Craven County |
Type A
$2,000 |
Type A
$2,000 |
The facility failed to assist residents when necessary with
personal needs that residents may be incapable of or unable to
attend for themselves. The county was notified that by a neighbor
that a resident was found in the street with her walker. Even though
there was no injury the resident was put at risk of danger because
she wandered a quarter mile down a secondary road. Residents
#1,#2,#3 are documented as being disoriented or wanderers. Only
resident #2 had wandering identified in the care plan but included
no intervention. Although the exit doors had alarms, the front door
alarm was deactivated with no plan of monitoring for the disoriented
or wandering residents at that door. |
|
McLean Family Care Home
Cumberland County |
Type A
$2,000 |
Type A
$2000 |
The violation involved the licensee's failure to provide facility
staff to perform personal care and supervision to residents during
his absence. Based on the observations of DSS during an on-cite
visit;, there were two residents in the facility but no facility
staff. Resident #1, diagnosed with shizoaffective disorder, was
being visited by a Community Based Services Worker, not employed by
the facility. Resident #2, diagnosed as being constantly
disoriented, was also in the facility without facility staff. The
DSS determined that the violation placed the residents at
substantial risk for serious harm or death. |
|
New Hope Living Center at RTP |
Type A
$2,000 |
Type A
$2,000 |
The facility failed to assure that there was an adequate supply
of food to serve the planned menu, including therapeutic diets. The
facility had failed to assure that medication was administered y
qualified medication aides at all times. The facility failed to
assure that, in the absence of the administrator, there was a
qualified administer-in-charge or supervisor-in-charge in the
facility or immediately available to be responsible for the total
operation of the facility. DSS documented that there was only a
personal care aide on duty on 5/06/04 and that medication had not
been administered for 8PM on 5/05/04 or 8AM on f/06/04. Noon
medications were administered approximately two hours late on
5/06/04. MAR's indicated that administrations were either not given
or not documented during 5/01/04 - 5/06/04. Food supplies were
inadequate to serve the planned menus and to meet needs of the
therapeutic diet orders. DSS determined that these violations placed
residents iat substantial risk for serious physical harm or death. |
|
Stone Meadows Family Care Home |
Type A
$3,00 |
Type A
$3,000 |
The facility failed to assure adequate staff
coverage in the absence of the administrator and failed to ensure
adequate access to health care. Based on staff interviews residents
were left unattended on occasion. Resident #2,, after complaining
for over 6 weeks of symptoms of increased fluid in legs was, chest
pain and shortness of breath, was transported from church via
ambulance to the hospital. The resident was diagnosed with multiple
arterial blockages. Resident #5 was taken to the emergency room with
rectal bleeding on 2/29/04. The resident had missed medical
appointments in January and February including a hospital discharge
notice instructing a three day follow up with a specialist and two
appointments with the eye doctor after recent cataract surgery. The
resident had also experienced falls with no medical follow up.
Resident #5 was not transported to a medical specialist on at least
5 occasions to discuss treatment of a growing aneurysm. These
violations directly contributed to substantial risks for serious
harm or death. |
SEPTEMBER 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Dayspring Assisted Living of Burgaw
Pender County |
$2,000 |
$2,000 |
The facility failed to assure that all residents received
adequate and appropriate care and services. The facility had failed
to assure aide staff provided direct personal assistance and
supervision needed by all residents. Additionally, the facility
failed to immediately notify residents' responsible persons,
appropriate law enforcement and DSS when the whereabouts of a
resident is unknown and there was reason to be concerned about the
safety of a resident. On 2/1/04, Resident #1 wandering away from the
facility was observed by a family member and returned to the
facility. Resident #1 had a diagnosis of Alzheimer's Disease. When
Resident #1 had exited the facility, the facility staff had silenced
the required door alarm without checking for wandering residents.
The resident had no adverse effects from the experience although the
temperature was 40 degrees on that day. On 3/1/04, Resident #2 left
the facility, having signed out to go to the grocery store. The
facility did not contact the responsible person until the next day.
They did not contact local law enforcement but contacted DSS on
3/3/04. DSS recommended that the facility contact law enforcement.
This was done and they located the resident on 3/4/04. Resident #2,
with a diagnosis of Schizoaffective disorder -- depressed type as
well as bronchial asthma, had no adverse effects from the elopement
although going without medications for 4 days. Residents #1 and #2
were both placed at substantial risk for death or serious physical
harm. |
|
Janice Care Home
Alamance County |
$1500 |
Abated/
Dismissed |
The facility failed to assure that adequate and appropriate care
and services were provided to all residents. The facility failed to
assure that occasional or incidental medical care was provided to
all residents on an individual basis and to attend to personal needs
that the residents are unable to attend for themselves. Resident #1
was admitted to the emergency room on 3/20/04 with "multiple
decubitus ulcers on over 25 areas on heels, buttocks and legs"
which were red, broken, blistered and/or infected and included Stage
III-IV and necrotic areas. Lab results showed a white blood cell
count of 28,000. Resident #1 required assistance with incontinence
care, ambulation, bathing, dressing, grooming and transferring.
According to the administrator, this resident was only diaper
changed twice daily and remained in a wheelchair throughout the
whole day due to weight. Based on the physician's statement, the
resident's nutritional status likely contributed to the skin
breakdown, citing an albumin level of 1.6. Alamance DSS determined
that the facility's failure to provide personal care assistance to
Resident #1 resulted in serious physical harm to the resident
"in form of painful, multiple, and life-threatening decubitus
ulcers (bedsores)." |
|
Pleasant Cove
Buncombe County |
$900 |
$900 |
The facility failed to correct a Type "B" penalty
violation within a specified time period. This violation was in the
area of nutrition and food service. The facility failed to assure
that there was at least a 3-day supply of perishable food and a
5-day supply of non-perishable food in the facility based on the
menu, for both regular and therapeutic diets. The violation extended
9 days past the specified correction date. |
|
The Kempton at Brightmore
New Hanover County |
$1000 |
$1000 |
The facility failed to provide adequate and appropriate care and
services to all residents. The facility failed to assure aide staff
provided direct personal assistance and supervision needed by all
residents. Resident #1 was admitted to the facility of 10/31/03 with
a diagnosis of dementia and an order to self-administer medications.
One ordered medication for the resident was Aricept for memory
impairment. At the time of placement, Resident #1 had experienced
being unable to find the way home and had been assisted by police
several times. Since admission staff had observed times that the
resident was confused or forgetful. The facility did not assess or
reassess the resident's need level or capability to self-administer.
The facility failed to assure that Resident #1's marked confusion
was supervised adequately and failed to assure that medication such
as Aricept were administered as needed. On 3/5/04 Resident #1 left
the facility unknown to the staff and became confused at a bank and
unable to remember. Resident #1 was at risk for wandering, which
placed the resident at substantial risk for death or serious
physical harm. |
|
The Parc at Brevard
Transylvania County |
$2000 |
Abated/
Dismissed |
The facility failed to make arrangements for appropriate health
care as needed to enable the resident to be in the best possible
health condition. Based on the report, staff of the Parc at Brevard
found the resident unresponsive and informed EMS personnel that the
resident had not voided for 3 days prior. ER staff at Transylvania
Community Hospital was informed of this also according to hospital
records. In a letter to the Transylvania County Department of Social
Services during the investigation, the attending physician states
that it had not been reported to him that the resident had not
voided for 3 days, but that was borne out by the fact that ER
personnel got 1700 cc's of urine when she was catheterized.
According to the Department of Social Services, the delay in seeking
medical intervention for the resident caused the resident suffering
and harm and violated her right to appropriate health care. Note:
General Statute 131D-34 (b)(3) requires the Department to
impose a civil penalty which is treble the amount which is assessed
when a facility, under the same management and ownership has
received a citation and paid a penalty for violating the same
specific provision of a statute or regulation for which it received
a citation during the previous 12 months. Therefore, if assessed,
the proposed penalty amount would have been a total of $2000 x 3 =
$6000. |
|
The Place at Southpark
Mecklenburg County |
$1650 |
$1650 |
The facility failed to correct a Type B penalty violation by the
specified time period. This violation was in the area of medication.
According to the information provided, the facility failed to assure
that staff administered medications and/or treatments according to
physician's orders which are maintained in the resident's record.
This violation had a direct relationship to the health, safety, and
welfare of the residents affected, but posed no substantial risk of
death or serious physical harm. |
|
Wade Assisted Living
Cumberland County |
$4675 |
$4675 |
The facility failed to assure that residents received adequate
and appropriate care and services. DFS documented that the facility
failed to assure that the staff administer medications according to
the licensed prescribing practitioner's orders or that arrangements
were made as needed to enable the residents to remain in the best
possible health condition. DFS determined that these violations
directly affected health, safety, and welfare of residents and
issued Type B Directed Plan of Corrections. The facility was
directed to make necessary corrections no later than 3/20/04. Based
on the findings of a follow-up survey conducted on 4/13-14/04, DFS
determined that the facility had failed to comply with the directed
plan of corrections. The facility then set a date to be in
compliance for 5/15/04. Upon follow-up survey on 6/16-18/04, the
violations remained uncorrected. The violation for failure to
administer medications as orders continued as an uncorrected Type B
as of the submittla of the penalty recommendation. The violation for
failure to coordinate for residents' best health conditions was
stopped as a Type B and re-issued as a Type A based on the increased
significance of the findings that posed a potential risk for death
or serious physical harm. Therefore, the Type B for Health Care is
stopped as of 5/15/04. Additionally, DFS has issued a Notice on
Intent to Revoke the license for Wade Assisted Living, Inc. This
decision was based on the facility's continuing substantial failure
to correct significant violations and the consideration that there
was not a reasonable probability that the licensee could remedy the
deficiencies within a reasonable period of time. |
AUGUST 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved
|
Explanation |
|
Comfort Care
Jones County |
$2,000 |
$2,000 |
Facility failed to provide incidental medical care or to make
arrangements for appropriate health care to enable a resident to be
in the best possible health condition. Resident #1 was blind and
wheelchair bound, incontinent of bowel and bladder, and was observed
to be slumped over and to have a cough during the monitoring visit.
This resident had not been seen by the attending physician since
April 2003 and had actually missed scheduled appointments on 7/27/03
and 11/04/03. These appointments were not cancelled; the facility
staff failed to take the resident to see the physician for them.
Under APS, Jones DSS made arrangements for the resident to be
examined by the physician. On 12/03/03, the physician examination
documented that Resident #1 had fluid in lower back, ear, nose and
throat; teeth in poor condition; a developing stage 1 decubiti on
the sacral area; lungs with scattered rhonchi. It was determined
that the level of care for Resident #1 was an upgrade to ICF level.
These failures created a substantial risk for serious physical harm
or death as the resident remained without physician attention as
health condition deteriorated. Separate from the submittal of this
penalty proposal to DFS, additional licensure actions taken by DFS
against the licensee have included: (1) Type A penalty imposed
3/18/03 in the areas of medicine administration and controlled
substances. (2) Continuing Type A penalty imposed on 5/09/03 for
continuing failures to correct areas noted above in item #1. (3)
Suspension of Admissions for new residents based on violations in
the areas of residents' rights, including failure to assure
appropriate care and services, pharmaceutical services, management
and other staff, and refunds. The provider violated the Suspension
by the admission of new residents during February 2004 and was
directed to relocate the new residents. (4) DFS took the license of
the facility under non-renewal authority on 4/23/04 and closed the
facility based on the facility's failure to pay the penalties as
noted in items #1 and #2 above. The DSS is currently conducting an
investigation of the provider for operating without a license and
providing direct care in an unlicensed facility based on an APS
investigation. Residents found at that time were relocated from this
unlicensed home. |
|
Friendly Rest Home, Inc.
Durham County |
$2,000 |
$2,000 |
Facility failed to assure that residents received adequate and
appropriate care and services. Durham DSS determined that the
facility failed to make arrangements for appropriate health care as
needed to enable resident to be in the best possible health
condition, failed to document physician contacts, and failed to
respond immediately and report as required any accident or incident
resulting in injury. Resident A was not seen by a physician until
two days after falling and receiving a blow to the eye. The resident
after being seen was immediately referred to the emergency room and
diagnosed with a right elbow fracture and right maxillary sinus
fracture with blood in sinus. Resident B experienced almost daily
vomiting for 3-1/2 weeks with no indication of coordination for this
resident's health care needs to be met. Based on these violations,
there was substantial risk for serious physical harm. |
|
Juniper Springs Center
Sampson County |
$1,900 |
$1,000 Training |
Facility failed to assure that medication orders from prescribing
practitioners were clarified as necessary and documented and
maintained in resident records. The facility failed to correct
violations in medication orders and medication administration which
were originally cited on 6/24-25/03. DSS identified the continuing
deficiencies as Type B and implemented a Directed Plan of
Correction, delivered to the facility on 10/30/03. The facility was
directed to make necessary corrections no later than 11/13/03.
Follow up conducted on 1/14 and 1/20/04 documented that the facility
remained non-compliant. The facility agreed that corrections would
be made by 1/28/04. Compliance was documented during a2/11/04
follow-up monitoring visit from the DSS. The continuing failure to
assure medications were administered correctly directly affected
these residents' health, safety and welfare and placed all residents
at risk. |
|
Oakdale Heights of Wilmington
New Hanover County |
$2,000 |
$2,000 |
Facility failed to assure that residents received adequate and
appropriate care and services. The facility failed to assure that
aide responsibilities were met to provide direct personal assistance
and supervision as needed by the residents. On 2/01/04 and again on
2/09/04, Resident #1 eloped from the facility. Resident #1 was
diagnosed with Dementia and had been assessed by the facility to be
in need of supervision for wandering/elopement behaviors. The
resident was evaluated and found to have not been harmed in both
episodes. However, the potential risk for serious physical harm or
death to occur was very great. The facility environment includes an
unfenced retention pond, a wooded area with no sidewalks, and a
busy, primary four-lane highway. During the 2/01/04 incident,
Resident #1 wandered away between 7:00 and 8"45 p.m. and
located by EMS, walking in a median of this highway. The
temperatures at that time had dropped below freezing. On 2/09/04,
between 8:00 and 8:30 a.m., Resident #1 wandered away from the
facility and was discovered by off-duty staff, walking down the road
and crossing in traffic. |
|
Quality Professional Multiservices, LLC
Forsyth County
|
$1,000 |
$1,000 |
Facility failed to assure all residents received adequate and
appropriate care and services. It was determined that the
administrator failed to assure that at no time was any resident left
alone in the home without a staff member. During an unannounced
visit to the facility on 3/01/04, with the DFS Consultant
accompanying, upon arrival at 11:43 a.m., the AHS was informed that
the administrator was not in the facility having left around 9:00
a.m. Further inquiry confirmed upon entering the facility that there
was no staff with the residents. The AHS then contacted the
administrator by cell phone and the administrator arrived at the
facility at 11:58. During a walk-through of the facility, it was
observed that in addition to Resident #1, Resident #3 was sitting in
the facility and Resident #4 was still asleep in the facility.
Diagnoses for these residents include mild retardation and
schizoaffective disorder. Failure to provide direct supervision to
three of the four residents placed these residents at substantial
risk of death or serious physical harm. The AHS has documented a
history of not being able to conduct routine monitoring visits in
the facility due to lack of response to her arrival. On at least one
prior occasion the AHS had been informed at the door that there was
no staff in the facility and did not gain entry to the facility at
that time. |
|
Trio Senior Living #4
Robeson County |
$3,000 |
$3,000 |
Facility failed to assure adequate and appropriate care and
services and failed to assure that all residents were treated with
respect, consideration, dignity, and full recognition of his or her
individuality and right to privacy. According to these findings the
facility failed to assist residents to attend to any personal needs
the residents may be incapable of or unable to attend for
themselves. Robeson DSS determined that Resident #2 did not receive
adequate supervision based on licensed health professional
recommendations to the facility due to history of falls with injury
and being a wanderer and injurious to self. Emergency Medical
Technicians found Resident #2 in fetal position on floor, with blood
all over the floor in the room in small amounts. They also observed
resident to have numerous open wounds to both arms and hematoma to
hip and eye. This failure resulted in a hospital admission with
diagnoses of hypothermia (likely secondary to environmental reasons)
and dehydration. It was noted that Resident #2 also was observed by
hospital staff to have bruises all over the body as well as skin
tears. These violations created substantial risk for serious
physical harm or death. Harm did occur to Resident #2. |
|
Whispering Willow Retirement Inn
Henderson County |
$3,000 |
$3,000 |
Facility left the residents alone without supervision on 3/9/04.
Because there were no staff members in the facility providing
supervision to residents for a period of time, staff could no
respond immediately to an accident involving Resident #1 and make a
report of her wandering away and sustaining a fractured hip. Leaving
the facility without supervision also placed the other residents at
a risk for harm. |
Note: There was no Penalty Review Committee Meeting in July.
JUNE 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Choice Care Family Care
Durham County |
$1,575 |
$1,500 |
Facility failed to assure that qualified staff were employed in
the facility to assure appropriate care and services were provided
to the residents in the absence of the administrator. Durham DSS
determined that these violations directly affected all residents'
health, safety and welfare and implemented a Type B Directed Plan of
Correction to assure that staff in the absence of the administrator
met all required qualifications. Employed staff also were not
validated competent to administer medications and had not received
necessary personal care training. Any staff that met those
qualifications were not available to the facility at the time of the
DSS monitoring visits. The facility achieved compliance by submittal
of Medication Administration Clinical Skills checklists to DSS on
2/9/04. Note: In the Administrative Penalty Proposal, Durham DSS
writes that the uncorrected days for this penalty ran from 12/10/03
through 2/8/04 for a total of 60 days. However, based on the
12/21/03 Directed Plan of Correction as written, the established
correction date was 12/7/03. Therefore, this penalty amount was
determined based on 63 days. |
|
The Meadows of Burgaw
Pender County |
$2,000 |
$2,000 |
Facility failed to assure all residents received adequate and
appropriate care and services. The facility had failed to assure
that aides on duty provided needed supervision to residents.
Resident #1, with a diagnosis of Alzheimer's Disease, wandered away
from the facility without supervision. According to the findings,
Resident #1 left the building from the front door of the facility.
The door, when exited, sounded the alarm but staff silenced the
alarm without checking to see who had left the building. Based on
interview, it was determined that Resident #1 happened to be sighted
by Staff Member #1, an employee of the facility who was on their way
to work and returned to the facility without harm. When discovered
by Staff Member #1, Resident #1 was dressed in nightgown and was
barefoot. It is noted that this investigation began prior to and was
concluded after a change of ownership that occurred on 1/1/04. The
DSS concluded and substantiated the violations prepared an
investigation report and penalty recommendation addressed to the
owner of the license on 11/8/03. A Correction Action Report was not
issued when the investigation was concluded, as the owner
responsible for the violation was no longer responsible for
corrective actions at this facility. |
|
New Hope Living Center of RTP Proposal #1
Durham County |
$1,350 |
$1,350 |
Facility failed to assure that residents received a minimum of
three nutritionally adequate meals each day. Also, the facility
failed to assure adequate, clean bed linens and towels and failed to
adequately staff the facility to attend to residents and carry out
food service duties. Durham DSS determined that based on the scope
of the violations that impacted all residents, the violations
directly affected the health, safety, and welfare of all the
residents and implemented a Type B Directed Plan of Correction.
Corrective measures were to be taken by the facility no later than
2/10/04. A follow up monitoring visited conducted on 2/13/04
documented that the facility remained out of compliance in these
rule areas. At the time of the penalty proposal submittal the
facility had failed to achieve necessary compliance. |
|
New Hope Living Center of RTP Proposal #2
Durham County |
$1,150 |
$1,150 |
Facility failed to maintain an approved sanitation score of 85 or
above at all times. The facility had received a score of 80.5.
Durham DSS determined that based on the scope of the violations, all
the residents' health, safety and welfare were affected and
implemented a Type B Directed Plan of Correction. Corrective
measures were to be taken by the facility to obtain a reinspection
for an approved score no later than 2/20/04. Confirmed via a phone
call from Durham DSS to the Durham County Health Department on
3/1/04, the facility failed to call for a reinspection. The facility
called for a reinspection on 3/15/04. An approved score of 85.0 was
obtained the violation was determined to be abated. |
|
Peachtree Guesthouse
Cherokee County
|
$1,300 |
$1,300 |
Facility failed to correct a "B" level violation by the
specified correction date. The violation was in the area of
housekeeping and furnishings. Based on the Penalty Proposal, the
violation continued for a period of 13 days past the agreed upon
correction date. |
|
Roanoke Valley Assisted Living
Northampton County |
$4,500 |
$4,500 |
Facility failed to assure adequate and appropriate care and
services were provided to all residents according to rules and
regulations in the rule areas of Medications and Health Care. The
facility had failed to assure that medications were administered to
residents according to orders by the licensed practitioner. DSS
determined the violation to be a Type B and issued a Directed Plan
of Correction to achieve compliance no later than 11/30/03. Also,
the facility had failed to make arrangements for appropriate health
care to enable the residents to be in the best possible health
condition. An additional Type B Directed Plan of Correction was
issued to the facility to achieve compliance in this rule area no
later than 11/30/03. Follow up monitoring conducted by Northampton
DSS during January 2004 confirmed that compliance had not been
achieved as directed. Medications for eight of fourteen residents
were not administered correctly. Coordination of health care was not
provided for five of eleven residents. Additional follow up on
2/18-19/04 documented that the violations continued. The facility
set a new compliance date as 3/10/04, which was later extended to
3/19/04. A visit to the facility on 4/14/04 confirmed corrections
were made. These continuing Type B violations directly affected the
health, safety and welfare of the affected residents. |
|
Sunrise of Eastover
Mecklenburg County |
$2,000 |
$3,000 |
Facility failed to administer medications to a resident according
to physician orders. Subsequent to this failure, the resident was
hospitalized for a resulting injury. The investigation showed that
the resident did not receive care and services which were adequate,
appropriate, and in compliance with relevant federal and state laws
and rules and regulations. The penalty proposal involves one
violation where serious physical harm has occurred. |
MAY 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC Approved |
Explanation |
|
Alterra Clare Bridge of Cary
Wake County |
$2,000 |
$2,000 |
Facility failed to assure that residents received adequate and
appropriate care and services in compliance with rules and
regulations. The facility failed to assure that the licensed Special
Care Unity for Alzheimer's and Related Disorders implemented
policies and procedures to keep wandering residents safe. And to
assure that responsible staff assisted residents on an individual
basis to attend to any personal needs the residents may be incapable
of or unable to attend for themselves. Residents #1 is identified on
the FL-2 as a wanderer and intermittently disoriented. Although
staff had identified Resident #1 as at significant risk for
wandering, the assessments and care plan completed on this resident
did not address wandering. On the evening of 1/10/04, Resident #1
had been agitated and wandered from the facility after setting off
door alarms. The staff of the facility did not implement the
facility's policy and procedure in their manner for responding to
the door alarm and also failed to follow the facility's procedure to
walk outside and survey the property and surrounding area to locate
residents who may have exited undetected. Staff, in interviews, were
inconsistent as to how the alarm system worked and records indicated
that the facility's policy for monthly elopement drills had not been
followed. These violations created substantial risk for death or
serious physical harm. Resident #1, in a wheelchair, was found that
evening alongside the road by a passing motorist and returned to the
facility without harm. |
|
Diversicare Assisted Living of Newport
Carteret County |
$10,000 |
$10,000 |
Facility failed to assure that residents received adequate and
appropriate care and services. The facility failed to provide
adequate supervision to prevent elopement, failed to implement the
facility policy and procedure for "Wandering and/or Disoriented
Residents", and failed to implement the facility policy and
procedure for "Missing Residents." Patient information on
the FL-2 for Resident #1 identified the resident as being
intermittently disoriented and ambulatory. The resident record also
contained a nursing note entry that documented that on
"12/17/03, Resident #1 appears confused, talking to himself,
not oriented X 3. Needs to be watched closely." This
observation was completed by a psychiatric nurse consultant hired by
the facility. On the evening of 12/17/03, Resident #1 was taking
outside the facility to drink coffee and smoke cigarettes without
supervision, in direct conflict to the nurse's instructions. Staff
report that they later noticed Resident #1 was missing from the
facility porch and also report that interior and exterior searches
of the facility were conducted. It was noted, as reported, that the
staff did not follow the facility policy to call 911 after an
interior search failed to locate a missing resident. Resident #1 was
hit by an automobile approximately 0.25 miles from the facility on
Highway 70 East at approximately 9:14. The accident was fatal for
Resident #1. The facility's failures resulted in a significant risk
for death or serious physical harm and death did occur. As noted by
Carteret DSS, the facility received an imposed penalty from the
9/11/03 PRC Meeting for another Type A which was cited in a
different rule area, Personal Services, 42D.1701. Therefore, a
treble penalty does not apply, according to G.S131D-34(b)(3). |
|
Hunter Hill Senior Village
Nash County |
$1,050 |
$1,050 |
Facility failed to assure that staff administer medications
according to orders by a licensed prescribing practitioner and to
have at least quarterly pharmaceutical care, including required
on-site reviews. Facility failed to assure that medications were
available in the facility and that medications were administered as
ordered. Facility documentation identified violations that included
failures to obtain order clarifications, medications not being in
the facility, indications of "not given" with no reasons
indicated, resident out to medical appointments during med passes,
medications omitted. Based on these findings 17 of 54 residents
failed to receive medications as ordered. 14 of 54 residents did not
have their medication available in the facility. 54 of 54 residents
did not receive Pharmaceutical Care services as required. The
continuing areas of non-compliance directly affected health, safety,
and welfare of the residents indicated above. |
|
Loyalton of Greensboro
Guilford County |
$5,500 |
$2,750 |
Facility failed to assure that residents received adequate and
appropriate care and services. The facility failed to assure that
all therapeutic diets were served to residents as ordered by the
physician and failed to assure that non- and semi-ambulatory
residents were assisted with dressing, toileting and ambulating,
including failures to provide a functional call ell system. DFS
determined that these Type B violations directly affected health,
safety, welfare of the affected residents, three of six with
physician ordered diets and five of five residents needing
assistance for personal care. A directed Plan of Correction was
issued for compliance to be achieved no later than 12/19/03 for diet
orders and 12/27/03 for assistance with personal care. DFS and
Guilford DSS conducted a deficiency follow up survey on 1/20-21/04
and determined that the facility had failed to correct these Type B
violations within the specified time frames. On February 3, 2004 the
facility advised that corrections would be complete by February 17,
2004, which was confirmed by survey on 3/9-10/04. Based on
interventions by DFS and Guilford DSS, the facility had had
compliance issues from the Change of Ownership Survey of
7/17-18/03,including Type B violations which had been directed for
corrections. On the surveys of 9/10 and 9/25/03 corrections to those
earlier citations were confirmed and those violations were abated. |
|
Mountain View Care Center
McDowell County
|
$6,000 |
$6,000 |
Facility violated Resident's rights by admitting a resident
requiring professional nursing care, failed to contact the physician
to clarify orders, services, medications and treatments, and failed
to assure that medications and treatments were administered as
ordered. Despite an FL-2 specifying skilled nursing facility, the
facility admitted a resident without obtaining and administering
prescribed medications and treatments. The resident was subsequently
transferred to the hospital ER the day following admission to the
adult care home. |
|
The Oliver House
Wake County |
$10,000 |
$10,000 |
Facility failed to assure that residents received adequate and
appropriate care and services in compliance with rules and
regulations. The facility failed to assure that housekeeping duties
performed by aides between the hours of 9 pm and 7 am, did not
hinder the care of supervision of the residents or any immediate
response necessary and did not take the aides out of view of where
the residents were. Resident A's current diagnoses included
Alzheimer's/dementia and this resident was known to the facility
staff to be a wanderer. A bell was kept on the bedroom door of
Resident A to alert others when he left the room at night. The aide
assigned to the 100 hall where Resident A resided arrived at work at
11:00 pm, assisted one resident that requested help, and went
straight to work in the laundry room without checking the other
residents on 100 hall. The laundry room is located on another hall
and not in view of this hall. According to the shift supervisor, at
11:15 pm an exit door alarm sounded in activity room. This
supervisor stated she checked the room and looked out the door that
had sounded but did not call for an immediate search of the facility
and property to check for known wanderers. Resident A, during this
time period, wandered undetected from the facility and into traffic
near the facility, was struck and killed by a car. These violations
created substantial risk for death or serious physical harm for
residents known to the facility to be wanderers. For Resident A
death did occur. |
|
The Parc at Brevard
Transylvania County |
$2,000 |
$2,000 |
Facility failed to make arrangements for appropriate health care
as needed to enable the resident to be in the best possible health
condition. The DSS report indicates that although the resident
requested medical intervention and the staff on duty recommended
that the resident be transported to the emergency room at the
hospital, the management did not approve that request until after
the resident collapsed and could not be revived. Written facility
policy and procedure was not followed. During the time that the
resident requested medical help, the resident's physician was not
contacted for guidance or orders. In addition, the report shows that
the facility failed on the date of the violation to administer
medications to the resident in accordance with physician's orders.
Although the evidence does not indicate that these violations were
the cause of the resident's death, they present a substantial risk
of serious physical harm or death, and therefore are a serious
violation of residents' rights. |
APRIL 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved
|
Explanation |
|
Arden Family Care
Buncombe
Franklin County |
$400 |
$400 |
Facility failed to correct a type "B" penalty violation
by the specified correction date. This violation was in the area of
Building Service Equipment (hot water temperature). According to the
proposal, the facility did not assure that the hot water temperature
at resident use faucets remained in the licensure permitted range of
between 100 degrees F. and 116 degrees F. This violation continued
for 4 days past the specified date of correction. |
|
Elmcroft of Little Avenue
Mecklenburg County |
$1,750 |
$1,750 |
Facility failed to correct type "B" violations by the
specified correction date. These violations were in the areas of
medication administration competency for medication aide staff and
competency validation for staff performing licensed health
professional support tasks identified in rule 13F. 0903. The
correction of these violations was not made by the facility until
12-5-03 as verified by the county DSS. This represents a total of 35
days beyond the specified correction date. |
|
Fairview Family Care #1
Buncombe County |
$1,000 |
$1,000 |
Facility left the residents alone without supervision on 9-24-03.
The facility is located within a cluster of homes and each is in
close proximity to one another. However, according to the
investigation, residents living in the home are diagnosed with
schizophrenia, type 11 diabetes, HTN, bipolar disorder, and
traumatic brain injury among others. Because of the varying medical
and mental health problems of the residents, being left unsupervised
created an environment of substantial risk for serious physical harm
and/or death. |
|
Fairview Family Care #4
Buncombe County |
$1,000 |
$1,000 |
Facility left the residents alone without supervision on 9-24-03.
The facility is located within a cluster of homes and each is in
close proximity to one another. However, according to the
investigation, residents living in the home are diagnosed with
schizophrenia, diabetes, visual impairment, seizure disorder, and
COPD among others. Because of the varying medical and mental health
problems of the residents, being left unsupervised created an
environment of substantial risk for serious physical harm and/or
death. |
|
Hillforest Rest Home
Chatham County
|
$250 |
Abated
(Dis-missed) |
Based on the findings of routine monitoring conducted by the
Chatham DSS during September and October, 2003, the facility had
failed to supervise on an individual basis residents who smoke and
need supervision and to follow the home's written policy on smoking.
Chatham DSS determined that this was a Type B violation and issued a
Directed Plan of Correction for measures to be taken to closely
supervise certain smokers to include room checks, to review and
enforce the home's policy with these residents. Supervision plans
were to be in place on 10/10/03 and the review completed by
10/14/03. Of additional concern was that unsupervised smokers were
smoking in the immediate vicinity of oxygen tanks in use by other
residents within the facility, with knowledge and without regard for
the safeness of others. Based on the DSS follow up monitoring of
10/17/03 and 10/21/03, compliance with these measures to safeguard
the facility were not achieved until 10/20/03. The continuation of
the violations created a serious, daily direct relationship to all
residents' health, safety, and welfare. |
|
Martin House of Raleigh
Wake County |
$2,600 |
$2,600 |
Facility failed to assure residents received adequate,
appropriate care and services or to make necessary arrangements to
enable residents to be in the best possible health condition. The
findings documented that the facility had failed to coordinate
significant health care needs for a sampled six of eight residents
with such needs as medical consults, laboratory service, and wound
care. These failures directly affect resident health, safety, and
welfare. DFS determined these to be Type B violations and issued a
Directed Plan of Correction for measure to be taken no later than
9/26/03 to achieve compliance in Health Care. During a follow up
survey conducted on 10/28/03, the violations were documented to
remain uncorrected and the facility established a new correction
date of 11/17/03. Compliance was documented during a return follow
up survey conducted on 12/16-17/03. |
MARCH 2004 PENALTY REVIEW
COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Alston Family Care
Franklin County |
$2,000 |
$2,000 |
Facility failed to assure that at all times there was at least
one administrator or supervisor-in-charge in the facility or a
designated, qualified relief-person-in-charge in the facility when
the administrator or supervisor-in-charge were temporarily absent.
The administrator had left the facility on 9/17/03 and had asked the
person hired to cut the lawn to watch the residents while she was
away. A visitor to the facility confirmed during this time that the
person with the residents was also not inside the facility. DSS
issued a Type A Directed Plan of Correction to be implemented no
later than 10/10/03. Upon follow up monitoring during a visit of
10/20/03 the facility had not established a plan to correct leaving
residents without qualified staff in the absence of the
administrator. While this is not a repeat violation within the last
12 months, to be trebled, the facility and experienced a prior
violation under this rule in 1996, when a fire occurred and a
resident died, while the residents were not attended by any staff.
While the facility failed to fully implement the directed plan of
correction by the established deadline by not qualifying relief
staff, there is no evidence that the violation to leave residents
without qualified staff has reoccurred. There is no evidence upon
which to base an on-going daily fine. |
|
Alterra Clare Bridge of Wilmington
New Hanover County |
$2,000 |
$4,000 |
Facility failed to assure that aide staff provided supervision as
needed by the residents. The facility failed to assure that
established policies and procedures for this special care unit were
implemented by staff to assure that safety measures addressing
specific dangers or problems associated with behavior management
problems were followed. Resident #1 has a diagnosis of dementia and
a history of wandering. Resident #2 has a diagnosis of Alzheimer's
disease. Both residents eloped from the facility without staff
following the established procedures for elopement. Both residents
were not assisted by staff as they wandered on a busy city street.
On 7/29/03 Resident #1 was placed at risk and again on 8/26/03,
Resident #2 was placed at risk. No actual harm was documented during
these elopements. However, these violations created substantial risk
for death or serious physical harm to these residents. |
|
The Braxton Home
Alamance County |
$4,730 |
$4,730 |
Facility failed to assure appropriate care and services according
to multiple rule and regulation areas. After several visits the
facility was eventually issued a Type B directed Plan of Correction
report to cover these rule areas. The facility was issued multiple
directed deadlines, including directions beginning immediately to
not leave residents. Also, deadlines were issued for corrections of
significant violations such as failing to confirm doctor contacts,
failing to have qualified staff to correctly administer medication
(by 8/22), failing to clarify physician orders (violations included
falsifying physician signatures) (by 8/29), failing to assure the
completion of resident assessments, care plans and reviews for
Licensed Health Professional Support (by 9/05) and to complete
necessary TB testings (by 9/22). The facility was directed to
correct various other violations, as well. DSS confirmed that the
facility had failed to meet the DPOC and the facility established
their own correction date as of 10/13/03. DSS revisited the facility
on 12/21/03 and determined that the facility remained substantially
out of compliance in the cited rule areas. |
|
Carrboro Senior Living Proposal #1
Orange County |
$2,000 |
$2,000 |
Facility failed to assure that residents received adequate and
appropriate care and services. The facility failed to make
arrangements for appropriate health care to enable the residents to
be in the best possible health condition. During the survey it was
determined that the facility had failed to coordinate services with
the appropriate health care provider regarding several residents.
These violations created substantial risk for serious physical harm
to the identified residents. A Type A Directed Plan of correction
was issued to the facility on 10/13/03 for corrections to be
completed no later than 11/1/03. A follow up survey conducted by DFS
on 11/24/03 determined compliance with the directed plan of
correction. |
|
Carrboro Senior Living Proposal #2
Orange County
|
$2,000 |
$2,000 |
Facility continued to be non-compliant in the area of medication
administration. Facility failed to meet the established timeframe of
7/10/03 and had re-established a completion date for 9/8/03. That
deadline was followed up during a 10/07 - 8/03 survey. Based on
these findings the medication error rate had significantly increased
to 37%, including errors with sliding scaled insulin orders and with
a resident receiving the wrong insulin. The findings were determined
to warrant a Type A violation based on increased risk for potential
for harm. All 80 residents in the facility were placed at
substantial risk for death or serious physical harm due to the
severity of the continuing failures to administer medications as
ordered. Another follow up survey conducted on 11/24/03 confirmed
substantial improvement and the Type A in Medication Administration
was abated. |
|
Country Time Village #10
Buncombe County |
$5,000 |
$5,000 |
Facility failed to obtain appropriate medical intervention for a
resident on 7/4/03 and 7/5/03. Although the resident was seen at the
hospital ER on 7/3/03, he continued to display symptoms of severe
distress and abnormal vital signs for several days. The management
of the home did not seek medical attention until after the resident
collapsed and could not be revived at the facility on the evening of
7/5/03. Based on the DSS report, this neglect by the facility had a
direct relationship to the resident’s death. The facility
underwent a change of ownership effective 9/1/03. |
|
Elmcroft of Little Avenue
Mecklenburg County |
$6,000 |
Abated |
Facility failed to follow emergency procedures according to
facility policies and adult care home rules and did not contact the
physician as needed when a resident began to display significant
changes in his/her health status. These violations interfered with
the resident's rights as declared under G.S. 131D-21. The
Mecklenburg County Department of Social Services recommends a type A
administrative penalty for these violations were death has occurred. |
|
Nash Grove Manor
Nash County |
$10,000 |
Abated |
Facility failed to implement emergency procedures for 1 of 1
sampled residents (Resident #1) who had advanced directives desiring
resuscitation. The facility failed to perform cardio-pulmonary
resuscitation and call 911 after Resident #1 was found without a
pulse and without respiration. |
Note: There was no PRC meeting in
February 2004.
JANUARY 2004 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Concord Retirement
Center
Cabarrus County |
$3,000 |
$3,000 |
Facility failed to assure proper identification of a resident
prior to administering medications. The facility administered the
wrong medication to a resident prescribed to another resident and
sent the wrong resident file to the hospital with EMS personnel
after the resident became very ill. The facility did not discover
the mistake until after the resident was admitted to the hospital.
The resident recovered after receiving emergency treatment from the
first responders and hospital personnel. |
|
Fairview Family Care Home #3
Buncombe County |
$2,500 |
$2,500 |
Facility failed to correct a type B penalty violation by the
specified time period. The facility failed to administer medications
as ordered by the physician. Also, the facility failed to contact
the physician for clarification of orders for medications and
treatments. The specified correction date was 8-30-03. The violation
was not abated as of 9-25-03 as verified by the Department of Social
Services and the violation ongoing as of the date of the proposal
submittal. This represented a failure to correct the violation for
25 days past the specified correction date. |
|
Hunter Hill Senior Village
Nash County |
$3,150 |
$3,150 |
Facility failed to assure that staff administers medications
according to orders by a licensed prescribing practitioner and to
have at least quarterly pharmaceutical care, including required
on-site reviews. Facility failed to assure that medications were
available in the facility and that medications were administered as
ordered. Facility documentation identified violations that included
failures to obtain order clarifications medications not being in the
facility, indications of "not given" with no reasons
indicated, resident out to medical appointments during med passes,
medications omitted. Based on these findings, 17 of 54 residents
failed to receive medications as ordered. 14 of 54 residents did not
have their medication available in the facility. 54 of 54 residents
did not receive Pharmaceutical Care services as required. The
continuing areas of non-compliance directly affected health safety,
welfare of the residents indicated above. |
|
Marjorie McCune Memorial Center
Buncombe County |
$1,000 |
$1,000 |
Facility failed to protect a resident's right to be free of
mental and physical abuse. A resident was threatened and assaulted
by another resident, resulting in physical harm and emotional
distress, even though the facility staff had knowledge of the
threats several days prior to the actual attach. According to the
investigation report, the lack of immediate intervention by the
facility placed the victim and other residents in a position of risk
for further harm. |
|
The Meadows of Aberdeene
Scotland County
|
$10,000 |
$10,000 |
Facility failed to assure adequate staffing to meet the needs of
the residents, to assure that staff responded immediately to
incidents involving residents, or to assure that residents received
adequate and appropriate services and were free of mental and
physical abuse. On March 27, 2003, Resident #1 and #2, after leaving
the facility and becoming drunk, returned to the facility and became
assaultive and abusive. During this episode, Resident #2 stabbed
Resident #1 with a knife in the abdomen and chest. Resident #1 died
a week later in the hospital. The cause of death was given by the
Office of the Chief Medical Examiner as stab wound to the chest and
abdomen. The facility had failed to provide minimal staff coverage
at the time of the incident, had failed to be aware that Resident #1
and #2 were missing from the facility prior to the incident, and
failed to notify the proper law enforcement authorities during the
incident. Both residents had been known to have substance abuse
diagnoses and to continue to drink and be abusive, through medical
history and to the facility's staff's own knowledge. Also, after
stabbing incident of March 27th, the facility returned
Resident #2 to the facility where he remained, a potential threat to
others, until he was arrested for the homicide of Resident #1. These
violations contributed to a very significant risk of death or
serious physical harm to every resident in the facility. Resident #1
died as a result of this risk. |
|
Nash Grove Manor
Nash County
|
$3,000 |
$3,000 |
Review of the nurses notes dated 11/08/02 at 10 PM revealed while
a resident was sitting on the front porch, the resident walked down
the road and was seen by a community resident that notified the
facility about the resident's whereabouts. A nurse's note entry on
11/10/02 indicated the resident had a wanderguard on the right leg.
A nurse's note entry dated 1/7/03 indicated the resident complained
about the wanderguard and wanted it to be removed. The resident
promised not tot he elope and the wanderguard was removed. A nurse's
note dated 2/20/03 at 12?05 AM revealed the resident was smoking
outside the building unsupervised when she eloped. The police called
the facility and informed the staff that the resident was found near
a highway in a ditch on her knees. The resident told staff she was
going to Michigan. |
DECEMBER 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Beacon Arms of Conover
Buncombe County |
$500 |
$500 |
Facility failed to correct a violation by the specified time
period. Facility failed to assure that a week's supply of food was
available per review of menus, resident records and facility food
storage. |
|
Carrboro Senior Living
Orange County |
$3,000 |
$3,000 |
Facility failed to assure that residents received adequate and
appropriate care and services by failing to assure that staff
administered medications according to orders of a licensed
prescribing practitioner. 8 out of 23 reviewed residents experienced
medication administration problems. During a follow-up survey,
facility failed to make necessary corrections as previously directed
and the error rate had increased to 28% and later, to 37%, an
increase that was potentially much more harmful. |
|
Deal Care Inn
Rowan County |
$3,000 |
$3,000 |
Facility failed to assure that residents received adequate and
appropriate care and services by failing to provide incidental
medical care or to assure appropriate health care. Facility also
failed to assure that reassessments were completed for residents
with significant changes and required licensed health professional
support reviews were conducted. Two residents experienced
significant changes in skin condition without the facility assuring
needed wound care, reassessing care planning or assuring a health
professional support review. Both residents died after hospital
admission. |
|
Fairview Family Care Home
Buncombe County |
$1,000 |
$1,000 |
Facility failed to correct violation by the specified date.
Facility filed to administer medications as ordered by the physician
and also failed to contact the physician for clarification of orders
for medications and treatments. |
|
Greystone Manor, LLC
Robeson County |
$3,000 |
Abated |
Facility failed to assure that Resident #1 received adequate and
appropriate care and services and to assure that staff were able to
apply emergency procedures for the protection of the resident.
During the resident's bath, staff left the resident alone after she
had started slipping. EMS arrived at the facility, started oxygen on
the resident and transported to the hospital with a diagnosis of
near drowning. The penalty was abated after it was decided that the
resident had not been left alone. |
|
Rivendale Woods,
Unit G
Buncombe County |
$1,000 |
$1,000 |
Facility failed to provide residents with appropriate supervision
in the home. A resident was left alone in the home for approximately
2-3 hours. This presented a threat of serious physical harm or death
as hazardous cleaning supplies were stored in an unlocked laundry
room and one of the residents is diagnosed with serious physical and
mental disorders. |
NOVEMBER 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Barbara Bolling Flynn Assisted Living
Craven County |
$2,000 |
$2,000 |
Facility staff failed to assure that arrangements were made for
appropriate health care by failing to follow facility's emergency
procedures for accidents. Resident suffered a fall in the facility
and was found by facility staff lying on the bathroom floor. Staff
observed Resident's right foot to be turned outward and the resident
complained of pain on her right side hip and leg area. The facility
emergency procedure for accidents stated for staff to assess the
inured area and take appropriate measures and call the rescue squad
if medication attention was necessary. Although the staff, were
aware that the position of the resident's foot might indicate hip
fracture, the resident was stood up and moved into a sitting
position in a wheelchair. Resident was diagnosed at the hospital
with an acute displaced fracture of right hip and displaced fracture
of the base of neck of femur. |
|
Cherry's Family Care Home
Bertie County |
$1,400 |
$1,400 |
Facility failed to assure that staff who administered medications
were competency validated prior to administering medications.
Failure to comply increased risk for potential for harm to all six
residents. |
|
Friendly Elm Rest Home
Wilson County |
$10,000 |
$10,000 |
Facility failed to assure that residents received adequate and
appropriate care and services and failed to assure that residents
were free of abuse, neglect or exploitation. Resident was not
assessed for significant change for deterioration of behavior or
mood and referred to the physician or an appropriate licensed health
professional. Facility failed to adequately supervise, monitor or
intervene with 3 or 4 residents during episodes of abusive,
aggressive encounters. The failure of the facility to provide
adequate supervision contributed to the death of the Resident. |
|
Hermitage House Rest Home
New Hanover County |
$3,000 |
$3,000 |
Facility failed to assure that adequate and appropriate care and
services were received by all residents. The facility failed to
ensure clarification of orders for medications by the prescribing
practitioner. Staff failed to clarify multiple hospital admission
forms and failed to follow up after a clarification request was
submitted to the physician. Resident suffered serious physical harm
and substantial risks that death could have occurred as a result of
an overdose. |
|
Morningside of Raleigh
Proposal #1
Wake County |
$1,150 |
$1,000 for Training |
Facility failed to assure that residents receive adequate and
appropriate care and services by failing to provide incidental
medical care. Facility failed to provide modified diets as ordered
by physician for 6 or 9 residents. |
|
Morningside of Raleigh
Proposal #2
Wake County |
$2,000 |
$2,000 |
Facility failed to assure that residents receive adequate and
appropriate care and services by failing to make arrangements to
enable the residents to be in the best possible health condition and
to ensure medications were administered as ordered by a licensed
prescribing practitioner. Violations created a substantial risk for
serious physical harm or death. |
|
Magnolia Place
Davie County |
$1,000 |
$1,000 |
Facility failed to assure that residents receive adequate and
appropriate care or to be free of neglect. Administrator repeatedly
left the residents without staff supervision. |
|
Neilsen's Rest Home
New Hanover County |
$6,000 |
$6,000 |
Facility failed to assure that residents receive adequate and
appropriate care and to be free of neglect. Facility staff failed to
immediately notify the appropriate law enforcement agency or DSS
when there was reason to be concerned about a resident's safety.
Resident #1 had returned alone and stated to staff that Resident #2
was drunk and passed out at a friend's house. Resident #2 was taking
medications that are contraindicated with consumption of alcohol and
diagnoses of Schizoaffective disorder and sleep apnea with an order
for autopap oxygen overnight. The facility's failure to immediately
respond created a significant risk for serious physical harm or
death. The resident was found deceased the following morning
according to the police report. |
|
Overby's Rest Home
Stokes County |
$1,000 |
$1,000 |
Facility failed to assure that residents received adequate and
appropriate care and were free from neglect. The administrator
failed to assure that residents were not let alone at any time
without a staff member. There had been a on going pattern of leaving
the residents unattended. |
|
Turner's Rest Home
Rockingham County |
$3,000 |
$3,000 |
Facility failed to assure that residents received adequate and
appropriate care. Facility failed to maintain required door alarms
on exit doors for residents known to be wanderers. Resident wandered
from the facility at night, fell at the bottom of the steps where he
remained until the next morning. Resident was transported to a local
hospital where surgery was conducted for a hip fracture. The
resident died. The certificate of death noted that this hip fracture
was another significant condition contributing to the death but not
resulting in the underlying cause. |
OCTOBER 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Beaverdam Family Care Home
Buncombe County |
$450 |
$450 |
Facility failed to correct violation by the specified correction
date. The facility had failed to assure that at least one staff
person is on the premises at all times who has successfully
completed within 24 months a course on CPR and Heimlich maneuver. |
|
Countryside Villa
Cumberland County |
$3,000 |
$3,000 |
Facility failed to assure that residents were treated with
respect, consideration and dignity, that residents received adequate
and appropriate care and services, and that they were free from
mental and physical abuse. A resident was seriously injured,
resulting in a coma, after no precautions were taken to ensure the
resident's safety. Resident had been addressed in a derogatory
racial manner prior to this incident. During the course of this
investigation, another resident did not have privacy protection and
was questioned by the administrator regarding an interview by the
DSS. |
|
Country Time Village #2
Buncombe County |
$600 |
$600 |
Facility failed to correct penalty violation by the specified
time period. Facility failed to regulate hot water temperature.
Facility no longer in existence. |
|
Elm Villa
Guilford County |
$2,700 |
$2,700 |
Facility failed to assure that medication aides were qualified to
administer medications, that the medication policies and procedures
were implemented as required, or that personal care staff were
trained and knowledgeable in the care of residents with diabetes.
Violations created substantial risk for serious physical harm or
death. |
|
Meadows of Oak Grove
Durham County
Proposal #1 |
$10,395 |
$10,395 |
Facility failed to assure adequate and appropriate care and
services including the rule areas of medication aide qualifications,
medication administration, and providing therapeutic diets.
Violations of medication aide qualifications and medication
administrations were found to remain uncorrected upon three follow
up surveys. The violations for therapeutic diets were documented as
corrected upon follow up. |
|
Meadows of Oak Grove
Durham County
Proposal #2 |
$3,000 |
$3,000 |
Facility failed to assure that the residents receive adequate and
appropriate care and services. Resident diagnosed with
insulin-dependent diabetes did not receive prompt medical attention
for a wound to his right foot. Resident had previously had a below
knee amputation on his left foot and his Care Plan noted to watch
for ulceration of the right foot. Facility failed to assure that
prompt medical attention was sought resulting in amputation of the
foot. |
|
Pinecrest Gardens of Lillington
Harnett County |
$3,000 |
$3,000 |
Facility failed to reassess a care plan for a significant skin
change for Resident or to assure that medications and treatments
were administered as ordered by the prescribing practitioner. These
violations resulted in substantial risk for serious physical harm. |
SEPTEMBER 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Alterra Clare Bridge of Wilimington
New Hanover County |
$3,000 |
$3,000 |
On January 25, 2003 Resident was admitted to the facility with
diagnoses of Alzheimer's and hypothyroidism. The resident was
ambulatory without assistance but required total care. Resident was
discharged from the facility on February 3, 2003 and was observed to
have great difficulty walking, with dirty hair and fingernails and
exhibited a "pitiful and bewildered" demeanor. Physician
described the resident as "a shadow of his former self"
and diagnosed a pressure decubitus. Staff of the facility informed
DSS that they had no knowledge of the skin breakdown or of the
change in ambulation. |
|
Broman Assisted Living
Carteret County |
$2,000 |
$2,000 |
Facility failed to provide adequate care and services. Facility
also failed to immediately notify a resident's responsible person,
appropriate law enforcement, or the DSS when resident's whereabouts
were unknown. Resident who had been diagnosed with Mild Mental
Retardation and adjudicated incompetent, with an assigned guardian,
signed self out of facility with no known destination or person
accompanying. Resident reported to the facility that another
resident had raped her and that she had been arrested for
shoplifting while away from the facility. |
|
Countryside Villa
Cumberland County |
$3,000 |
Abated |
Facility failed to assure that at least one staff person on the
premises was certified in CPR and choking management. Resident was
choking and was given CPR by two male residents. Staff attempted
"the method to get him to release food". Resident was
admitted to the hospital due to cardiac arrest secondary to choking.
Resident died due to choking episode. Facility stated that five
staff were CPR qualified, but the certification was not in the file
at the time. Penalty was abated. |
|
Country Time Village #8
Buncombe County |
$1,000 |
$1,000 |
Facility failed to notify the appropriate law enforcement agency
and DSS when it was discovered that a resident had left the facility
without notice and was unaccounted for. The resident is mentally ill
and is known to endanger herself when outside of the home. The
resident's whereabouts were unknown until the following day.
Resident was at a convenience store 9 miles away. |
|
Jurney's Residential Care
Iredell County |
$1,000 |
$1,000 |
Facility failed to assure that staff administerd medication and
treatments according to orders by a licensed prescribing
practitioner for two residents. |
|
Knollwood Gardens of Lillington
Harnett County |
$3,000 |
$3,000 |
Facility failed to assure that adequate water was provided to all
residents according to requirements and failed to assure that
incidental medical care was provided as ordered by physicians for
hydration of four out of four residents with medical histories of
dehydration. Each of the four residents experienced multiple visits
to the emergency room due to dehydration. |
|
Mountain View Care Cnt
McDowell County |
$1,275 |
$1,275 |
Facility filed to correct violation in the area of Health Care
within the specified date. |
|
Pinewood Manor
Hertford County |
$3,000 |
$2,000 |
Facility failed to assure appropriate health care. Resident had
spilled coffee on self during breakfast. Burns were observed by
staff and reported to the supervisor. No incident report or
follow-up documentation was made. Although staff continued to
observe significant changes to Resident's skin condition, no
immediate medical intervention was sought. Resident was eventually
admitted to the hospital with third degree burns. |
|
Rivendale Woods Unit E
Buncombe County |
$250 |
$250 |
Facility failed to correct violation within the specified time
frame for failure to maintain appropriate hot water temperature. |
AUGUST 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Alleghany Assisted Living Proposal #1
Alleghany County |
$1,000 |
$1,000 |
Facility failed to contact the physician in response to a
medication review by the pharmacist. The mental health agency was
not notified that the resident refused medications for an extended
period. Once the mental health agency was notified, the resident was
involuntarily admitted to the mental health hospital. |
|
Alleghany Assisted Living Proposal #2
Alleghany County |
$6,000 |
$6,000 |
Facility failed to arrange for medical care in a timely manner
after a resident complained of chest pains and appeared to be in
distress. Only after the resident was found to be unresponsive did
the staff call 911. The resident was pronounced dead on arrival at
the hospital. Facility's license was revoked- no longer in
operation. |
|
Boger City Rest Home
Lincoln County |
$8,000 |
$8,000 |
Facility failed to respond in accordance with adult care home
rules and their own emergency policy after a resident wandered from
the facility in sub-freezing weather. The facility failed to contact
EMS in a timely manner after finding the resident lying on the
ground, bleeding from the head. Resident died of hypothermia. |
|
Carrboro Senior Living
Orange County |
$4,350 |
$1,740 |
Facility failed to provide provision of therapeutic diets as
ordered by physicians, directly affecting residents' health and
safety. Facility failed to make required corrections by specified
date. During a follow-up survey, 5 of 10 sampled residents were not
provided their diets as ordered by physician. Residents included
ones with Type II Diabetes, chronic and acute renal insufficiency,
and resident requiring mechanically soft prepared foods. |
|
Deal Care Inn, Inc.
Rowan County |
$700 |
$700 |
Facility failed to assure that diet orders were clarified with
physicians, that menus were planned and reviewed by registered
dietician as needed, and served accordingly. |
|
Forest Trail
Retirement Center
Sampson County |
$4,600 |
$4,600 |
Facility failed to administer medications as ordered by
prescribing practitioner. Some residents did not receive medications
as ordered due to those medications not being available in the
facility. The facility failed to make necessary corrections by date
specified. |
|
Heartfields at Cary
Wake County |
$2,250 |
$1,125 |
Facility failed to maintain the hot water temperatures at all
fixtures at appropriate levels. Water temperatures were found to be
as high as 154 degrees. While the facility had made efforts to meet
the directed plan, the temperatures remained higher than 120
degrees, which has been determined to have the potential to result
in severe scalding and create serious risk for older people and
people with compromised health. |
|
Pathway Retirement Home
Caldwell County |
$2,500 |
$2,500 |
Facility failed to assure that the Adult Care Home Bill of Rights
was upheld. Facility failed to assure that residents received care
and services which were in compliance with rules and regulations. |
|
Summit Place of
Kings Mountain
Cleveland County |
$1,000 |
$2,500 |
Facility failed to contact EMS or the resident's physician
following a fall in the facility. The facility further violated the
resident's rights by allowing him to remain on the facility floor
for over two hours until the next staff shift reported to work,
claiming an inability to lift the resident to a bed or chair. Per a
DSS recommendation, training was assessed in lieu of a monetary
penalty. |
|
Wooded Acres
Guest Home
Beaufort County |
$3,000 |
$3,000 |
Facility failed to assure that residents were supervised while
they while they were raking and burning leaves on the property. One
of four residents sustained serious burns from the fire. This
resident was diagnosed with mental retardation. According to
hospital records, the resident had suffered surface burns to
approximately 9% of his body. During the incident, the other
residents intervened to save this resident. Without their
intervention, the resulting harm would have been more significant. |
JULY 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved |
Explanation |
|
Yelton's Health Care Center
Cleveland County |
$10,000 |
$10,000 |
Facility failed to provide appropriate supervision and neglected
a resident during bathing. Facility staff left a resident, who
required assistance, unattended for an undetermined length of time,
resulting in the resident sustaining third degree burns over a large
percentage of the body. There was a delay of approximately 36
minutes before calling 911 once the staff became aware of the
resident's distress. The resident later died of scalding injuries. |
|
Ameer Commons
Proposal #1
Mecklenburg County |
$3,200 |
$3,200 |
Facility failed to correct a violation in the area of Health Care
by the specified date. The facility failed to notify the resident's
appropriate health care provider and make arrangements to assure
residents receive care as needed for best possible health. |
|
Ameer Commons
Proposal #2
Mecklenburg County |
$2,150 |
$2,150 |
Facility failed to correct a violation in the area of Management
of Medications by the specified date. Facility failed to assure that
medications were administered according to physician's orders. |
|
Autumn Green Adult Care Home
Wake County |
$5,000 |
$5,000 |
Facility failed to assure that all arrangements were made to
enable Resident to remain in the best possible health condition.
Resident's physician documented significant weight loss with order
for nutritional supplements and a return visit on a specified date.
Facility failed to administer nutritional supplements as ordered. A
return visit to the physician was never made. Resident was
transported to local hospital with the complaint that resident had
not eaten or walked for four days. Additionally, facility had no
heat in the residents' area with the thermostat set on 54 degrees
when the outside temperature was 25 degrees. Resident died at the
hospital due to complications from pneumonia/ hypothermia. |
|
Cleveland Health Care - Proposal #1
Cleveland County |
$2,400 |
$2,400 |
Facility failed to correct penalty violation in the area of
Medication Management/ Controlled Substances. Facility failed to
assure a readily retrievable record of controlled substances by
documenting receipt, administration, and disposition of controlled
substances. |
|
Cleveland Health Care - Proposal #2
Cleveland County |
$1,600 |
$1,600 |
Facility failed to correct penalty violation for Qualifications
for Medication Staff. Facility failed to assure that staff who are
administering medications are qualified in accordance with rules. |
|
Country Time
Village #10
Buncombe County |
$1,550 |
$1,550 |
Facility failed to correct a penalty violation by the specified
time period. Facility failed to arrange for a physician follow-up
appointment as instructed by the physician. |
|
Nor Len of Garner
Wake County |
$5,200 |
$5,200 |
Facility failed to provide appropriate care and services,
including the provision of modified diets as ordered by physicians.
Facility failed to make necessary corrections as directed by the
specified date. Facility continued in the violation for an extended
time before taking appropriate actions. The facility's continued
failure to provide therapeutic diets had a direct relationship to
the health and safety of 45 of the 67 residents. |
|
The Meadows of Oak Grove
Durham County |
$2,000 |
$2,000 |
Facility failed to provide appropriate care and services to the
residents of their licensed Special Care Unit for Alzheimer's and
Related Disorders. The facility failed to assure that required
policies were implemented, that admission criteria were met, that
special care unit staff were adequately trained or that the staff
were in adequate numbers to provide necessary care. |
|
Windwood Rest Home
Buncombe County |
$3,000 |
$3,000 |
Facility failed to assure that staff was present in the home to
provide appropriate supervision and services, receive morning
medications, and receive breakfast. Lack of staff supervision, meal
service and medication as ordered placed the residents at risk for
serious physical harm. |
JUNE 2003 PENALTY REVIEW COMMITTEE ACTIONS
|
Facility/County |
DFS Proposed |
PRC
Approved
|
Explanation |
|
Alleghany Assisted Living
Alleghany County |
$1,900 |
$1,900 |
Facility failed to correct B penalty violations by the specified
correction date. These violations were in the areas of Health Care
(restraints), Admission Policies, Management of Medications and
Medication Administration. |
|
Ashe Manor
Ashe County |
$400 |
$400 |
Facility failed to correct B penalty violations within the
specified correction date. This violation was in the area of
Licensed Health Professional Support. It should be noted that the
facility, shile under licensee revocation action by DFS, voluntarily
removed all residents and closed the facility on 1/4/03. |
|
Christian Care of New Bern, LLC
Craven County |
$850 |
$850 |
Facility failed to make necessary corrective measures as directed
to assure that staff administered medications according to physician
orders.. Facility was found to have made corrections upon 2nd
compliance date. |
|
Dogwood Forest - Alexandria/ Adelaide
Proposal #1
Alamance County |
$3,950 |
$3,950 |
| |