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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
|
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