Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: FOUNTAINS SENIOR PROPERTIES OF FLORIDA, INC., D/B/A SPRINGS AT LAKE POINTE WOODS
Judges: FRED L. BUCKINE
Agency: Agency for Health Care Administration
Locations: Sarasota, Florida
Filed: Jan. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 20, 2003.
Latest Update: Dec. 23, 2024
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH
CARE ADMINISTRATION,
OD O11
Petitioner, AHCA NO: 2001 051071 He)
o a
vs. =e ;
FOUNTAINS SENIOR PROPERTIES OF FLORIDA, INC., ~ oT
d/b/a SPRINGS AT LAKE POINTE WOODS, = ae)
“ oa
Respondent. o =
/ oy
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration (hereinafter “AHCA”), by and through
the undersigned counsel, and files this Administrative Complaint, against FOUNTAINS SENIOR
PROPERTIES OF FLORIDA, INC. d/b/a SPRINGS AT LAKE POINTE WOODS, (hereinafter
“Respondent”) and alleges:
NATURE OF THE ACTION
J) This is an action to impose administrative fines in the amount of TWO THOUSAND FIVE
HUNDRED DOLLARS ($2500) pursuant to §§ 400.141(15)(d), 400.102(1) (d), 400.121(2), and
400.23(8), Florida Statutes.
2) The Respondent was cited for the deficiencies set forth below as a result of survey conducted on or
about August 8, 2001.
JURISDICTION AND VENUE
3) AHCA has jurisdiction over the Respondent pursuant to Chapter 400, Part II, Florida Statutes.
4) Venue lies in County Name County, Division of Administrative Hearings, pursuant to Section 120.57
Florida Statutes, and Chapter 28-106.207 Fla. Admin. Code.
Page 1 of 10
5)
6)
7)
8)
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
PARTIES
AHCA is the enforcing authority with regard to nursing home licensure law pursuant to Chapter 400,
Part II, Florida Statutes and Rules 59A-4, Florida Administrative Code.
Respondent is a skilled nursing facility located at 78348 BENEVA ROAD, SARASOTA, FLORIDA,
34238. The facility is licensed under Chapter 400, Part II, Florida Statutes and Chapter 59A-4,
Florida Administrative Code. Its license number is 1468096 effective through 06/30/2003 and the
certificate number is 9124.
COUNTI
RESPONDENT FAILED TO ENSURE THAT EACH RESIDENT RECEIVED AND THE
NECESSARY CARE AND SERVICES TO ATTAIN OR MAINTAIN THE HIGHEST
PRACTICABLE PHYSICAL, MENTAL, AND PSYCHOSOCIAL WELL- BEING, IN
ACCORDANCE WITH THE COMPREHENSIVE ASSESSMENT AND PLAN OF CARE,
INCLUDING THE PROVISION OF ADEQUATE SUPERVISION AND ASSISTANCE DEVICES
TO PREVENT ACCIDENTS.. FLA ADMIN CODE R 59A-4.1288 (ADPOTING BY REFERENCE
42 CFR §483.25), §§ 400.022(1)(1), 400.022(3), 400.102(1)(d), 400.121(2), and 400.23(8)(b), FLA
STAT
CLASS II DEFICIENCY
AHCA re-alleges and incorporates (1) through (6) as if fully set forth herein.
On or about August 8, 2001, AHCA conducted a survey of the Respondent. Findings included:
a) Based on observations, record reviews and staff interviews, the facility failed to provide adequate
supervision and/or assistive devices to prevent incident and/or accident for 5 (Residents #1, #3, #7,
#10 and #11) of 8, from a sample of 13 active sampled residents reviewed for
falls/fracture/abrasions/bruise. This is evidenced by:
b) The facility's failure to develop a plan of care to address the risk for falls on Resident #11 and their
failure to provide adequate supervision and/or assistive device to prevent an incident/accident
which resulted in a right hip fracture.
i) The facility failed to develop a Care Plan to address the risk for incident/accident for Resident
#10.
Page 2 of 10
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
ii) Resident #7 did not have an adequate Care Plan to prevent skin tears during ADL (Activities
of Daily Living) care.
ili) Residents #1 and #3 did not have assistive devices, as stated in their Care Plan and as ordered
by their physicians, to prevent an accident/incident.
9) Resident #11 was admitted to the facility on 4/17/01 with diagnoses that include, but not limited to,
Dementia - Alzheimer's Type with Agitation.
a)
b)
¢)
d)
An Interim Plan of Care was developed on 4/17/01, the day of the resident's admission to the
facility. Under "Problem/Issue" it stated, "Impaired safety awareness R/T (related to) decreased
cognitive function." The goal was for the resident not to have injuries. The following approaches
were listed:
i) PT, OT eval (evaluation) & tx (treatment)."
ii) Monitor freq. (frequently for) safety issues.”
iii) Redirect PRN (as needed)."
Review of the Physical Therapy (PT) evaluation dated 4/18/01 stated, "Pt. (Patient) able to
ambulate independently inside her room & around the hallways without assistive device. Pt. noted
with good balance. Pt not a candidate for PT at this time."
Review of the Occupational Therapy (OT) evaluation dated 4/18/01 stated, "Present with
decreased cognition easily irritable/agitated; Pt ambulates I ly (independently) all over the facility
PRN. No OT services warranted at this time."
Interview with the rehab. (rehabilitation staff) on 8/8/01 at approximately 11:00 A.M., confirmed
that the resident had good balance, however, due to her cognitive impairment "she has poor safety
awareness.”
The clinical record did not have documentation on how the resident was going to be monitored.
There was no documentation in the resident's Plan of Care to indicate what interventions will be
put in place to prevent the resident from an incident/accident.
Page 3 of 10
f)
g)
h)
i)
dD
k)
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
Review of the resident's MDS (Minimum Data Set) completed on 4/30/01, revealed she was
ambulatory. She required extensive assistance to bathe. She was frequently incontinent of
bladder. She required supervision/cuing during meals. She also had the following behaviors:
wandering, verbally abusive and physically abusive.
Review of the RAP (Resident Assessment Protocol) revealed she is triggered for falls. The RAP
key stated, "Potential for additional falls or risk of initial fall suggested based on the following:
Wandering; Behavior occurred 4 to 6 days in the last 7 days." The assessment stated that the
resident was at risk for fails secondary to her "cognitive losses, need for supervision of ADL's
(Activities of Daily Living), psychotropic med (medication) use and incontinence of bladder. She
is at times delusional which complicates things. Will address fall-risk and prevention
interventions (Resident with companion care during the day).”
Review of the physician's order revealed the resident is on Risperdal (psychotropic drug) 0.5 mg
twice a day.
During the review of the Comprehensive Care Plan developed on 5/8/01, it did not have
documentation to indicate that the resident's risk for fall had been addressed. There was no
documentation in the resident's clinical record to indicate what "fall-risk and prevention
interventions" will be put in place to prevent an incident or accident.
During an interview with the MDS/Care Plan Coordinator on 8/8/01 at approximately 10:00 A.M.,
she disagreed that the resident had good balance. She stated that the resident's gait was unsteady.
She confirmed that there was no Care Plan developed on 5/8/01 for the resident to address her risk
for falls. She also stated, "I guess we were complacent because she has a sitter."
During the review of the nurse’s notes dated 4/20/01, it stated that due to the resident's problem
with adjustment secondary to her admission to the facility, her family has provided sitters to
whom she is acquainted. The nurse's notes dated 4/26/01, stated that the resident was verbally
abusive and hitting a CNA (Certified Nursing Assistant), She is wandering and hallucinating.
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CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
The nurse's notes further stated, all these behaviors occur early in the morning. It also stated, "Our
department was “unaware” that "no" sitters were attending her (resident) from 10 PM to 8 AM."
Further investigation confirmed that the resident has a private sitter from 8:00 A.M. to 10:00 P.M.
1) The nurse's notes dated 5/8/01, revealed the resident was admitted to the hospital for abdominal
pain. She was readmitted to the facility in the evening of 5/10/01. On 5/11/01, the nurse's notes
stated, "2 PM - Resident fell in her room while walking toward her husband's bed; X-ray has now
shown a fx (fractured) hip..." Further review of the clinical record confirmed a Right Femoral
Neck Fracture. The resident was admitted to the hospital on 5/11/01 for hip surgery.
m) A review of an incident report completed on 5/27/01, several days after her re-admission to the
facility, revealed the resident was calling for help and was found face down on the floor at the foot
of the bed at 1:45 A.M. There is no documentation in the resident's clinical record, nor in her
Comprehensive Care Plan to address further incidents/accidents. A Care Plan to address falls was
not developed for the resident until 8/1/01, two months after her incident on 5/27/01.
n) Review of the resident's most current MDS completed on 7/13/01, revealed she continues to be
verbally abusive, but this behavior is easily altered. The MDS also showed decline in the
following functional status: extensive assistance of 1 to transfer, ambulate, and hygiene. The
resident is also now frequently incontinent of bowel. She requires continues supervision and some
assistance during meals.
10) During the review of Resident #7's RAI (Resident Assessment Instrument) and significant change
MDS (Minimum Data Set) completed on 5/21/2001, indicates that the resident cognitively impaired
and requires extensive assistance to transfer.
a) During the review of the resident's Comprehensive Care Plan developed on 5/1/01 it revealed the
following problems were included, "fragile skin, prone to tear.". There was no documentation to
indicate what interventions were to be implemented to prevent her from skin tears.
Page 5 of 10
b)
c)
d)
€)
8)
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
Review of an incident report dated 6/30/2001, revealed Resident #7 sustained two skin tears while
being transferred from the bed to the wheelchair by facility staff. There was no documentation in
the resident's clinical record to indicate that measures to prevent this incident from happening
again had been put in place.
Review of an incident report dated 7/31/01, revealed the resident sustained another skin tear while
being transferred from the bed to the chair by facility staff. Further review of the clinical record
revealed no documentation to indicate what measures will be put in place to prevent these
incidents from recurring.
The Care Plan developed on 5/22/01, stated that the resident was resistive to care. However,
during the review of the incident reports on 6/30/01 and 7/31/01, it did not indicate that the
resident was resistive to care.
Resident #10 was admitted with multiple diagnoses including but not limited to Cerebral Vascular
Accident, Hypertension, Hemiplegia, Hypothyroidism, Dementia and Diabetes Mellitus. The
resident initial skin assessment on 7/16/01, revealed multiple skin tears, an abrasions and an
ecchymotic area on the resident's left and right arm and hand. The resident's Minimum Data Set
revealed the resident to be occasional incontinent of bowel and has a Foley catheter.
The Interdisciplinary Resident Care Plan dated 4/17/01 revealed, "Decline in Activities of Daily
Living. Patient with decrease in functional mobility - extensive assist in bed mobility and
transfer." Interdisciplinary Resident Care Plan approaches revealed, "PT/OT (Physical Therapy
and Occupational Therapy) per MD order."
The resident was assessed at risk for falls on 4/26/01 and the RAPS (Resident Assessment
Protocol Summary) was completed on 4/27/01. The RAPS stated to proceed to Care Plan the
resident on 5/01/01 for the risk for falls. The resident RAPS key on 4/27/01 revealed, "Resident is
at risk for falls secondary to his complaint of dizziness, unsteady gait, ADL (Activities of Daily
Living) dependencies, Cognitive losses, etc. See ADL RAP as well. Will address Fall-Risk and
Page 6 of 10
h)
i)
aD)
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
prevention interventions as well as OT/PT (Occupational Therapy and Physical Therapy)
Treatment.”
On interview with the Care Plan Coordinator on 8/6/01, she provided the surveyor with a written
Interdisciplinary Resident Care Plan dated 4/17/01 and up dated on 6/20/01. She also provided
printed Care Plans dated 5/1/01 with up dated of 6/20/01. There was no Care Plan to address the
resident's risk for falls 5/1/01 through 6/20/01.
On 7/10/01, the resident's nurses notes revealed skin tears from old ecchymotic areas on right hand
and elbow. Probable cause was resident hitting right arm on bedside rails, behavior related. An
Interim Plan of Care was completed on 7/10/01 for skin tears. The approaches included but not
limited to monitor for safety awareness. There was no documentation to indicate how the resident
will be monitored for safety.
The resident was Care Planned on 8/5/01 for, "At Risk for Falls related to decline in mobility,
AEB (as evidenced by) statements made and increased need for assistance." The resident was also
Care Planned on 8/5/01, "At Risk for impaired skin integrity related to occasional bowel
incontinence and decreased mobility.". This Care Plan does not have documentation to indicate
what interventions will be implemented to prevent the resident from further skin tears.
11) Clinical record review for Resident #3 revealed a Significant Change in Status Assessment MDS
(Minimum Data Set). Assessment reference dates of 4/4/01 and 4/9/01, indicated that the resident had
fallen within the last 31-180 days. Nurses notes dated 4/21/01, "12:10 A.M. Res. (resident) found on
the floor by her bed, stated that she was restless in bed and rolled out. Denies and discomfort no
apparent injuries noted..." Nurses notes dated 4/21/01, "4:15 P.M. CNA (Certified Nursing Assistant)
found (resident's name) on her knees between w/c & her bed. States, "I tried to go to bed." Tabs
alarm off & had not used call bell..." Nurse's notes dated 7/10/01, "11 A (A.M.) Res. found on floor
in front of bathroom stated that she was attempting to grab door handle and fell on her bottom. No
injuries. Family and (doctor's name) notified."
Page 7 of 10
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
a) Review of the resident's Interdisciplinary Resident Care Plan dated 4/12/00, under need states,
"decline in function due to L (left) hemiparesis related to CVA (Cerebral Vascular Accident) +
places resident at risk for falls + injury.” Further review of the Care Plan revealed that the resident
had a fall on 10/6/00, 11/8/00 and 12/1/00. Under goals, "#3 Res. (resident) will have no falls
within the facility through 7/25/00, 10/23/00, 1/10/01 and 4/17/01." Under approaches lists, "Tabs
alarm on while in w/c." Review of the resident's treatment sheets revealed an order dated 1/3 1/01,
that the resident is to have the Tabs alarm while in bed.
b) Observation on 8/6/01 at approximately 10:30 A.M., in the main dining room sitting up in her
wheelchair. There was no Tabs alarm on her. Observation on 8/6/01, in front of the main dining
room at approximately 11:00 A.M., revealed that the resident was again in a wheelchair without
her Tabs alarm. Observation on 8/6/01 at 2:55 P.M., revealed that the resident was lying in a
supine position without a Tabs alarm in place. At 3:00 P.M., this was verified with nursing staff.
Upon further investigation revealed that the resident's Tab alarm was located in the bottom portion
of her bedside table.
c) Clinical record review for Resident #1 had a Fall Risk Assessment completed upon admission and
revealed a score of 10, which is indicative of the resident being at high risk. Physician telephone
orders dated 7/17/01 revealed, "Tab's alarm at all times D/T (due to) poor safety awareness."
d) Observation on 8/6/01 at approximately 2:55 P.M., revealed the resident was lying in bed with his
head elevated 45 degrees. The Tabs alarm was not attached to the resident. The clip was attached
to the string coming out of the alarm. These same observations were made at 3:25 P.M. and again
at 3:30 P.M. This was confirmed in the presence of nursing staff at 3:30 P.M.
12) Based upon the forgoing, the Respondent violated 42 CFR §483.25, which requires the Respondent to
provide the necessary care and services to attain or maintain the highest practicable physical, mental,
and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. The
Page 8 of 10
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
care that this regulation requires includes the provision to each resident of adequate supervision and
assistance devices to prevent accidents. Fla. Admin Code R. 59A-4.1288 implements §§ 400.102,
400.121(2), and 400.23 Fla. Stat. and incorporates by reference 42 CFR 483.25. The Respondent also
violated § 400.022(1)(1) and 400.022(3) Florida Statutes, which require the Respondent to ensure the
resident’s right to receive adequate and appropriate health care and protective and support services,
and therapeutic and rehabilitative services consistent with the resident care plan, with established and
recognized practice standards within the community, and with rules as adopted by the agency.
13) The above referenced violation constitutes the grounds for the imposed Class II deficiency and for
which a fine of TWO THOUSAND FIVE HUNDRED DOLLARS ($2500) is authorized under §§
400.102(1)(d), 400.121(2), and 400.23(8), Fla. Stat.
CLAIM FOR RELIEF FOR COUNT II
WHEREFORE, AHCA requests this Court to order the following relief:
a) Make factual and legal findings in favor of AHCA on Count II,
b) Impose a fine of TWO THOUSAND FIVE HUNDRED DOLLARS ($2500) for the violation cited
in Count II against the Respondent under Fla. Admin. Code R. 59A-4.1288, §§ 400.022(1)(),
400.022(3), 400.102(d), 400.102(1)(d), 400.121(2), and 400.23(8)(b), Fla. Stat.,
Page 9 of 10
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0910
NOTICE
The Respondent is notified that it has a right to request an administrative hearing pursuant to
Section 120.569, Florida Statutes. Specific options for administrative action are set out in the attached
Explanation of Rights (one page) and Election of Rights (one page). All requests for hearing shall be
made to the attention of Joanna Daniels, Assistant General Counsel, Agency for Health Care
Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, FL 32308.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO REQUEST A
HEARING WITHIN 21 DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN
ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A
FINAL ORDER BY THE AGENCY.
Respectfully submitted,
Fonacd enol.
Joanna Daniels
FL Bar #0118321
Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Dr., MS #3
Tallahassee, FL 32308
(850) 922-5873 Fax (850) 413-9313
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished to Administrator, SPRINGS AT
LAKE POINTE WOODS, 7848 BENEVA ROAD, SARASOTA, FLORIDA, 34238, Return Receipt No.
7106 4575 1294 2050 0910 by U.S. Certified Mail, on December /O_, 2002.
JOANNA DANIELS
Assistant General Counsel
Copies furnished to:
Wendy Adams Joanna Daniels
Agency for Health Care Administration Agency for Health Care Administration
2727 Mahan Drive, MS #3 2727 Mahan Drive, MS #3
Tallahassee, FL 32308 Tallahassee, FL 32308
(Interoffice Mail)
JD/ghm
Page 10 of 10
. AUG-29-2881 15:52 THE FOUNTAINS LAKE PT 3419235694 P.12/35
‘HEALTH CARE FINANCING ADMINIS”™~ ATION 2567-L
eee
STATEMENT OF DEFICIENCIES X1) PROV ue R/SUPPLIERICLIA (%2) MULTIPLE CONSTR STION
AND PLAN OF CORRECTION IDENTIFICATION NUMBER: A BUILDING
B. WING
105567
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEI
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECBEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
8. On interview with a fumily member (not identified
due to confidentiality) stated, "I know my ©
mother/father don't get baths like they should. They
don't get a bath all ofthe time. I know she/he only gets
a bath once a week. J have complained.”
9, On interview with the Unit Manager on 8/7/01, she
was unable to provide any other documentation that
{ Resident #6 and #8 had other baths/showers during the
month of July and August.
10. On interview with the Social Worker on 8/7/01 at
1 2:10 P.M, he stated, "The mmber one grievance of
residents and families are complaiits of not getting
enough showers."
59A-4.1288
Class IT
Correction Date: 9/8/01
F 324] 483.25(h)(2)QUALITY OF CARE
$55G
The facility must ensure that each resident receives
adequate supervision and assistance devices to prevent
accidents. ;
This Requirement is not met as evidenced by:
Based on observations, record reviews and staff _
interviews, the facility failed to provide adequate
supervision and/or assistive devices to prevent incident
and/or accident for 5 (Residents #1, #3, #7, #10 and
#11) of 8, from a sample of 13 active sampled residents
__ | reviewed for falls/fracture/abrasions/bruise. This is
| evidenced by: 1) The facility's failure to develop a
plan of care to address the risk for falls on Resident #1
HCFA-2567L “aTGo21199 IX9B11 Ifcontinuation sheet 9 of 32
9419235694 P.13/35
226/-L
3) DATE SURVEY
COMPLETED
AUG-29-2001 15:52 THE FOUNTAINS LAKE PT
‘HEALTH CARE FINANCING ADMINIS RATION
STATEMENT OF DEFICIENCIES (Xi) PROV. ER/SUPPLIER/CLIA
AND PLAN OF CORRECTION IDENTIFICATION NUMBER:
(X2) MULTIPLE CONS1.. -CTION
A BUILDING
105567 B. WING
8/8/01
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
HCFA-2567L
SARASOTA, FL. 34238
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEEDED BY FULL PREFIX
REGULATORY OR LSC IDENTIFYING INFORMATION)
and their failure to provide adequate supervision and/or
assistive device to prevent an incident/accident which
resulted in a right hip fracture. 2) The facility failed ta
develop a Care Plan to address the risk for
incident/accident for Resident #10. 3) Resident #7 did
not have an adequate Care Plan to prevent skin tears
during ADL (Activities of Daily Living) care. 4)
Residents #1 and #3 did not have assistive devices, as
stated in their Care Plan and as ordered by their
physicians, to prevent.an accident/incident.
The findings inchide:
1. Resident #11 was admitted to the facility on 4/17/0]]
with diagnoses that include, but not limited to,
Dementia - Alzheimer's Type with Agitation.
An Interim Plan of Care was developed on 4/17/01, th
day of the resident's admission to the facility. Under
"Problem/Issue" it stated, “Lmpaired safety awareness
R/T (related to) decreased cognitive finction.” The
goal was for the resident not to have injuries. The
following approaches were listed:
-"t. PT, OT eval (evaluation) & tx (treatment),"
-"2. Monitor freq. (frequently for) safety issues."
-"3. Redirect PRN (as needed)."
Review of the Physical Therapy (PT) evaluation dated
4/18/01 stated, "Pr. (Patient) able to ambulate
independently inside her room & around the haliways
without assistive device. Pt. noted with good balance.
Pinot a candidate for PT at this time.”
Review of the Occupational Therapy (OT) cassie
dated 4/18/01 stated, "Present with decreased cognitio
easily irritable/agitated; Pt ambulates I ly
(independently) all over the facility PRN. No OT
* aran23199
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY) :
Resident #11, Plan of Care reviewed to
address fulls, skin tears, accident/incidents
with appropriate interventions as needed.
All Residents were reassessed for risk for
falls, and need of assistive devices to
prevent accidents/incideuts with updated
Care Plans,
New Assessments tools for falls
implemented for all residents, Staff
inservice 8/29/01 on prevention of falls, skin
tears, incidents/accidents adaptive devices,
documentation, and care Planning.
Unit manager to do Compliance Rounds
daily to include adaptive devices,
Director of Nursing to Monitor
Tfcontinuation sheet 10 of 32
IX9B11
__AUG-23-2081 15:52 THE FOUNTAINS LAKE PT 9419235694 P.14/35
HEALTH CARE FINANCING ADMINIS” ~ ATION 20/-L
STATEMENT OF DEFICIENCIES (Xi) PROViveR/SUPPLIER/CLIA (X2) MULTIPLE CONSTRYTION
AND PLAN OF CORRECTION IDENTIFICATION NU MBER: A BUILDING
105567 B. WING
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
"(X4) ID SUMMARY STATEMENT OF DEFICIENCIES PROVIDER'S PLAN OF CORRECTION i
PREFIX (EACH DEFICIENCY MUST BE PRECEEDED BY FULL (EACH CORRECTIVE ACTIONSHOULD BE =| COMPLETE
TAG REGULATORY OR LSC IDENTIFYING INFORMATION) CROSS-REFERENCED TO THE APPROPRIATE DATE
DEFICIENCY)
F 324 F324
services warranted at this time."
Interview with the rehab. (rehabilitation staff) on.
8/8/01 at approximately 11:00 A.M., confirmed that the
resident had good balancé, however, due to her
cognitive impairment “she has poor safety awareness."
The clinical record did not have documentation on how
the resident was going to be monitored. There was no
documentation in the resident's Plan of Care to indicate
what interventions will be put in place to prevent the —
resident from an incident/accident.
Review of the resident's MDS (Minimum Data Sct)
completed on 4/30/01, revealed she was ambulatory.
She required extensive assistance to bathe. She was
frequently incontinent of bladder. She required
supervision/cuing during meals. She also had the
following behaviors: wandering, verbally abusive and
physically abusive.
Review of the RAP (Resident Assessment Protocol)
revealed she is riggered for falls. The RAP key stated]
“Potential for additional falls or risk of initial fall
| suggested based on the following: Wandering;
Behavior occurred 4 to 6 days in the last 7 days.” The
assessment stated that the resident was at risk for falls
secondary to her "cogiiitive losses, need for supervisior
of ADL's (Activities of Daily Living), psychotropic
med (medication) use and incontinence of bladder. She
is at times delusional which complicates things, Will
address fall-risk and prevention interventions (Resident
with companion care during the day)."
Review of the physician's order revealed the resident is
on Risperdal (psychotropic drug) 0.5 mg twice a day.
HCFA-2567L , : " ATGOZII99 IX9B1I Ifcontinuation sheet 11 of 32
AUG-29-2881 15:53 THE FOUNTAINS LAKE PT 9419235694 P.15/35
HEALTH CARE FINANCING ADMINIST™ ATION Zeb
STATEMENT OF DEFICIENCIES {X1) PROV1L.-2/SUPPLIER/CLIA (X2) MULTIPLE CONST, -TION
AND PLAN OF CORRECTION IDENTIFICATION NUMBER: A. BUILDING
105567 B. WING
STREET ADDRESS, CITY, STATE, ZIF CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
(%4)1D SUMMARY STATEMENT OF DEFICIENCIES 1D PROVIDER'S PLAN OF CORRECTION R
PREFIX (BACHDEFICIENCY MUST BE PRECEEDED RY FULL. | FREFIX (FACH CORRECTIVE ACTION SHOULD BE | COMPLETE
TAG REGULATORY OR LSC IDENTIFYING INFORMATION) TAG CROSS-REFERENCED TO THE APPROPRIATE DATE
DEFICIENCY)
F324 F 324
During the review of the Comprehensive Care Plan
developed on 5/8/01, it did not have documentation to
indicate that the resident's risk for fall had been
addressed. There was uo documentation in the
resident's clinical record to Indicate what "fall-risk and
prevention interventions” will bc put in place to prev
an incident or accident. ‘|
During an interview with the MDS/Care Plan
Coordinator on 8/8/01 at approximately 10:00 A.M.,
she disagreed that the resident had good balance. She
stated that the resident's gait was unsteady. She
confirmed that there was no Care Plan developed on
5/8/01 for the resident to address her risk for falls. She|
also stated, "I guess we were complacent because she
has a sitter.”
During the review of the nurse's notes dated 4/20/01, it
stated that due to the resident's problem with
adjustment secondary to her admission to the facility,
her family has provided sitters to whom she is
acquainted. The nurse's notes dated 4/26/01, stated tha}
the resident was verbally abusive and hitting a CNA
(Certified Nursing Assistant). She is wandcring and
hallucinating. The nurse’s notes further stated, all thesq
bebaviors occur early in the morning. It also stated,
"Our department was “unaware” that "no" sitters were
attending her (resident) from 10 PM to 8 AM." Furthe
investigation confirmed that the resident has a private
sitter from 8:00 A.M. to 10:00 P.M.
The nurse's notes dated 5/8/01, revealed the resident
was admitted to the hospital for abdominal pain. She
was readmitted to the facility m the evening of 5/10/01
On 5/11/01, the nurse's notes stated, "2 PM - Resident
fell in her room while walking toward her husband's
bed; X-ray has now shown a fx (fractured) hip...”
HCFA-2567L. “ATOLLS IX9B11 Tfeontinustion sheet 12 of 32
AUG~23-2061 15:53
HEALTH CARE FINANCING ADMINIST™ ATION
STATEMENT OF DEFICIENCIES {X1) PROVILeR/SUPPLIER/CLIA
AND PLAN OF CORRECTION IDENTIFICATION NUMBER:
108567
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
THE FOUNTAINS LAKE PT
(X2) MULTIPLE CONSTR. -TION
A. BUILDING COMPLETED
9419235694 P.16/35
296 /-L.
X3) DATE SURVEY
8/8/01
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION}
Further review of the clinical record confirmed a Right
Femoral Neck Fracture. The resident was admitted to
the hospital on 5/11/01 for hip surgery.
A review of an iacideni report completed on 5/27/01,
several days after her re-admission to the facility,
tevealed the resident was calling for help and was
found face down on the floor at the foot of the bed at
1:45 A.M. There is no documentation in the resident's
clinical record, nor in her Comprehensive Care Plan to
| address further incidents/accidents. A Care Plan to
address falls was not developed for the resident until
8/1/01, two months after her incident on 5/27/01.
Review of the resident's most current MDS completed
on 7/13/01, revealed she continues to be verbally
abusive, but this behavior is easily altered. The MDS
also showed decline in the following finctional status:
extensive assistance of | tc transfer, ambulate, and
hygiene. The resident is also now frequently
incontinent of bowel. She requires continues
supervision and some assistance during meals.
2, Duning the review of Resident #7's RAJ (Resident
Assessment Instrament) and significant change MDS
(Minimum Data Set) completed on 5/21/2001, indicat
that the resident cognitively impaired and requires 1
extensive assistance to transfer.
Care Plan developed on 5/1/01 it revealed the followin
problems were included, “fragile skin, prone to tear.”
| There was no documentation to indicate what
interventions were to be implemented to prevent her
from skin tears.
During the review of the resident's Comprehensive {
Review of an incident report dated 6/30/2001, revealed
HCFA-2567L “ATGOZII99
PROVIDER'S FLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATB
DEFICIENCY)
Resident #7, Plan of Care reviewed to
address falls, skin tears, accidenv/incidents
with appropriate interventions as needed.
All Residents were reassessed for risk for
falls, and need of assistive devices to
prevent accidents/incidents with updated
Care Plans,
New Assessments tools for falls
implemented for all residents. Staff .
inservice 8/29/01 on prevention of falls, skin
tears, incidents/accidents adaptive devices,
documentation, and care planning.
Dnit manager to do Compliance Rounds
daily to include adaptive devices.
Director of Nursing to Monitor
IX9B11 Ifcontinuation sheet 13 of 32
__AUG-29-2881 15:53 THE FOUNTAINS LAKE PT 9419235694 P.17¢35
HEALTH CARE FINANCING ADMINIS™~ ATION 2567-L
STATEMENT OF DEFICIENCIES (Xt) PROVIDel/SUPPLIER/CLIA (X2) MULTIPLE CONSTRUCTION 3) DATE SURVEY
AND PLAN OF CORRECTION IDENTIFICATION NUMBER; COMPLETED
105567 8/8/01
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
SUMMARY STATEMENT OF DEFICTENCTES
(FACH DEFICIENCY MUST BE PRECEFDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
PROVIDER'S PLAN OF CORRECTION
(FACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
Resident #7 sustained two skin tears while being
transferred from the bed to the wheelchair by facility
staff. There was no documentation in the resident's
clinical record to indicate that measures to prevent this
incident from happening again had been put in place.
Review of an incident report dated 7/3/01, revealed
the resident sustained another skin tear while being
transferred from the bed to the chair by facility staff.
Farther review of the clinical record revealed no
documentation to indicate what measures will be put in|
place to prevent these incidents from recurring.
| The Care Plan developed on 5/22/01, stated that the iF
resident was resistive to care. However, during the
review of the incident reports on 6/30/01 and 7/31/01,
did not indicate that the resident was resistive to care.
Resident #10, Plan of Care reviewed to
3. Resident #10 was admitted with multiple diagnoses address falls, skin tears, accident/incidents
including but not limited to Cerebral Vascular with appropriate interventions as needed.
Accident, Hypertension, Hemiplegia, Hypothyroidism,
Dementia and Diabetes Mellitus. The resident mitial All Residents were reassessed for risk for
skin assessment on 7/16/01, revealed multiple skin falls, and need of assistive devices to
tears, an abrasions and an ecchymotic area on the prevent accidents/incidems with updated
tesident's left and right arm and hand. The resident's Care Plans.
Minimum Data Sct revealed the resident to be
occasional incontinent of bowel and has a Foley New Assessments tools for falls
catheter. implemented for all residents, Staff
inservice 8/29/01 on prevention of falls, skin
The Interdisciplinary Resident Care Plan dated 4/17/01 tears, incidents/accidents adaptive devices,
revealed, "Decline in Activities of Daily Living. documentation, and care planning.
Patient with decrease in functional mobility — extensivd .
assist in bed mobility and transfer." Interdisciplinary Unit manager to do Compliance Rounds
Resident Care Plan approaches revealed, "PT/OT daily to include adaptive devices,
ensical Therapy and Occupational Therapy) per MD Director of Nursing to Monitor
HCFA-2567L. “ATGOII99 IX9B11 Tf continvation sheet 14 0f32
AUG-29-2881 15:54 THE FOUNTAINS LAKE PT 9419235694 P.18-35
* HEALTH CARE FINANCING ADMINISTRATION 2567-L
STATEMENT OF DEFICIENCIES {X1) PROV. 28/SUPPLIER/CLIA (X2) MULTIPLE CONST..-CTION X3) DATE SURVEY
AND PLAN OF CORRECTION IDENTIFICATION NUMBER: COMPLETED
105567
8/8/01
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEEDED BY FULL
REGULATORY OR LSC IDENTIFYING NFORMATION)
PROVIDER'S PLAN OF CORRECTION
(PACH CORRECTIVE ACTION SHOULD BE
CROSS-REPERENCED TO THE APPROPRIATE
DEFICIENCY)
The resident was assessed at risk for falls on 4/26/01
and the RAPS (Resident Assessment Protocol
Summary) was completed on 4/27/01. The RAPS
stated to proceed to Care Flan the resident on 5/01/01
for the risk for falls. The resident RAPS key on
4/27/01 revealed, "Resident is at risk for falls
secondary to his complaint of dizziness, unsteady gait,
ADL (Activities of Daily Living) dependencies,
Cognitive losses, etc. See ADL RAP as well. Will
address Fall-Risk und prevention interventions as well
as OT/PT (Occupational Therapy and Physical
Therapy) Treatment."
On interview with the Care Plan Coordinator on 8/6/01
she provided the surveyor with a written
Interdisciplinary Resident Care Plan dated 4/17/01 and.
up dated on 6/20/01. She also provided ptinted Care
Plans dated 5/1/01 with up dated of 6/20/01. There “
no Care Plan to address the resident's risk for falls
5/1/01 through 6/20/01.
On 7/10/Q1, the resident's nurses notes revealed skin
tears from old ecchymotic areas on tight hand and
elbow. Probable canseé was resident hitting nght arm
on bedside rails, behavior related. An interim Plan of
Care was completed on 7/10/01 for skin tears, The
approaches included but not limited to monitor for
safety awareness. There was no documentation to
indicate how the resident will be monitored for safety.
The resident was Care Planned on 8/5/01 for, "At Risk
for Falls related to decline in mobility, AEB (as
evidenced by) statements made and increased need for
assistance.” The resident was also Care Planned on
8/5/01, "At Risk for impaired skin integrity related to
occasion! bowel incontinence and decreased mobility.
HCFA-2567L “ atro021 199 IX9B11 Tfcontinuation sheet 15 of 32
_ AUG~29-2001 15:54 THE FOUNTAINS LAKE PT
» HEALTH CARE FINANCING ADMINIS7~?.ATION
STATEMENT OF DEFICIENCIES Xi) PROVi vER/SUPPLIER/CLIA (X2) MULTIPLE CONSTis UCTION
AND PLAN OF CORRECTION IDENTIFICATION NUMBER:
A. BUILDING
105567 B. WING
(X4) ID
PREFIX
Taa
F324]
HCFA-2567L.
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
| function due to L (left) hemiparesis related to CVA
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
This Care Plan does not have documentation to indica!
what interventions will be implemented to prevent the
resident from further skin tears.
4, Clinical record review for Resident #3 revealed a
Significant Change in Srams Assessment MDS
(Minimum Data Set). Assessment reference dates of
4/4/01 and 4/9/01, indicated that the resident had fallen!
within the last 31-180 days. Nurses notes dated
4/21/01, "12:10 A.M. Res. (resident) found on the foo}
by her bed, stated that she was restless in bed and rolle
out Denies and discomfort no apparent injuries
noted..." Nurses notes dated 4/21/01, "4:15 P.M. CN,
(Certified Nursing Assistant) found (resident's name)
on her knees between w/c & her bed. States, "I tried to
go to bed.” Tabs alarm off & had not used call bell..."
Nurse's notes dated 7/10/01, "11 A (A.M.) Res. found
on floor in front of bathroom stated that she was
attempting to grab door handle and fell on her bottom.
No injuries. Family and (doctor's name) notified."
Review of the resident's Interdisciplinary Resident
Care Plan dated 4/12/00, under need states, "decline in
(Cerebral Vascular Accident) + places resident at tisk
for falls + injury." Further review of the Care Plan i
revealed that the resident had a fall on 10/6/00, 11/8/0
and 12/1/00, Under goals, "#3 Res. (resident) will hav
no falls within the facility through 7/25/00, 10/23/00,
1/10/01 and 4/17/01." Under approaches lists, “Tabs
alarm on while in w/c." Review of the resident's
treaunent sheets revealed. an order dated 1/31/01, that
the resident is to have the Tubs alarm while in bed.
Observation on 8/6/01 at approximatcly 10:30 A.M., id
the main dining room sitting up in her wheelchair.
There was no Tabs alarm on her. Observation on
” aTC021199
STREET ADDRESS, CITY, STATE, ZIP CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
PREFIX
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
TAG
F324
Resident #3, Plan of Care reviewed to
with appropriate interventions as needed.
All Residents were reassessed for risk for
falls, and need of assistive devices to
Prevent accidents/incidents with updated
Care Plans.
New Assessments tools for falls
implemented for all residents, Staff
inservice 8/29/01on prevention of falls, skin
tears, incidents/accidents adaptive devices,
documentation, and care planning.
Unit manager to do Compliance Rounds
daily to include adaptive devices,
Director of Nursing to Monitor
IX9BU1
Tfcontinuaton sheet 16 of 32
AUG-29-2001 15:54 THE FOUNTAINS LAKE PT 9419235694 P, 20/35
HEALTH CARE FINANCING ADNANT” "ATION ruRM APPROVED
STATEMENT OF DEFICIENCIES X1) PROVIDER/SUPPLIER/CLIA (X2) MULTIPLE CONSTRUCTION
AND PLAN OF CORRECTION TDENTIFICATION NUMBER:
105567
NAME OF PROVIDER OR SUPPLIER
SPRINGS AT LAKE POINTE WOODS
STREET ADDRESS, CITY, STATE, ZIF CODE
7848 BENEVA ROAD
SARASOTA, FL 34238
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
8/6/01, in front of the main dining room at
approximately 11:00 A.M., revealed that the resident
was again in a wheelchair without her Tabs alarm.
Observation on 8/6/01 at 2:55 P.M., revealed that the
resident was lying in a supine position without a Tabs
alarm in place. At3:00 P.M., this was verified with
aursing staff. Upon further investigation revealed that
the resident's Tab alarm was located in the bottom
portion of her bedside table,
5. Clinical record review for Resident #1 had a Fall
Risk Assessment completed upon admission and
revealed a score of 10, which is indicative of the
tesident being at high risk. Physician telephone orders
dated 7/17/01 revealed, "Tab's alarm at all times D/T
(due to) poor safety awareness."
Observation on 8/6/01 at approximately 2:55 P.M.,
revealed the resident was lying in bed with his head
elevated 45 degrees. The Tabs alarm was not attached
to the resident. The clip was anached to the string
coming out of the alarm. These same observations
were made at 3:25 P.M. and again at 3:30 P.M. This
was confirmed in the presence of nursing stalf at 3:30
P.M.
S59A~4. 1288
Class If
Correction Date: 9/8/01
483.25(i)(2)QUALITY OF CARE
Based on a resident's comprehensive assessment, the
facility must ensure that a resident receives a
therapeutic diet when there is a nutritional problem.
ATQ021199
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
/ DEFICIENCY)
Resident #1, Plan of Care reviewed to
address falls, skin tears, accident/incidents
with appropriate interventions as needed.
All Residents were reassessed for risk for
falls, and need of assistive devices to
prevent accidents/incidents with updated
Care Plans,
New Assessments tools for falls
implemented for all residents, Staff
inservice 8/29/01 on prevention of falls, skin
tears, incidents/accidents adaptive devices,
documentation, and care planning.
Unit manager to da Compliance Rounds
daily to include adaptive devices,
Director of Nursing to Monitor
IX9B11 {fcontinuation sheet 17 of 32
Docket for Case No: 03-000173
Issue Date |
Proceedings |
Jun. 20, 2003 |
Order Closing File. CASE CLOSED.
|
Jun. 19, 2003 |
Petitioners` Notice of Filing Joint Stipulation and Settlement Agreement, Withdrawal of Petition and Suggestion of Mootness (filed via facsimile).
|
Apr. 18, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by July 18, 2003).
|
Apr. 17, 2003 |
Joint Status Report filed by Petitioner.
|
Jan. 30, 2003 |
Order Placing Case in Abeyance issued (parties to advise status by April 29, 2003).
|
Jan. 28, 2003 |
Order of Consolidation issued. (consolidated cases are: 03-000172, 03-000173, 03-000174)
|
Jan. 24, 2003 |
Joint Response to Initial Order, Motion to Consolidate, and Motion to Hold Case in Abeyance (cases requested to be consolidated 03-0173, 03-0172, 03-0174) filed by S. Hartsfield.
|
Jan. 21, 2003 |
Initial Order issued.
|
Jan. 17, 2003 |
Administrative Complaint filed.
|
Jan. 17, 2003 |
Petition for Formal Administrative Hearing filed.
|
Jan. 17, 2003 |
Notice (of Agency referral) filed.
|