Inspection Reports for
Birmingham Nursing and Rehabilitation Center East

AL

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Deficiencies (last 3 years)

Deficiencies (over 3 years) 13.7 deficiencies/year

Deficiencies are regulatory violations found during state inspections.

281% worse than Alabama average
Alabama average: 3.6 deficiencies/year

Deficiencies per year

28 21 14 7 0
2019
2021
2024

Inspection Report

Enforcement
Deficiencies: 9 Date: May 13, 2024

Visit Reason
The inspection was conducted due to multiple complaints and incidents involving resident care, including failure to honor advance directives, medication misappropriation, insufficient staffing, and inaccurate reporting.

Complaint Details
The complaint investigation involved allegations of failure to honor DNR orders, medication misappropriation, insufficient staffing, and failure to provide competent nursing care. The immediate jeopardy related to failure to honor resident's end-of-life wishes and insufficient staffing during a critical event was removed after corrective actions were verified.
Findings
The facility failed to ensure proper medication administration and self-administration assessment, honor residents' advance directives including DNR orders, maintain accurate controlled medication records, provide sufficient nursing staff, ensure staff competency and CPR certification, and submit accurate staffing data to CMS. Immediate jeopardy was identified related to failure to honor DNR orders and insufficient staffing during a critical event.

Deficiencies (9)
Failure to assess resident for self-administration of medication before providing a suppository for self-administration.
Failure to honor resident's advance directive for Do Not Resuscitate (DNR) resulting in inappropriate CPR and resuscitation efforts.
Failure to protect resident from misappropriation of medications and failure to maintain accurate controlled medication records.
Failure to provide basic life support including CPR in accordance with resident's advance directives and failure to ensure staff CPR certification and documentation.
Failure to provide sufficient nursing staff to meet resident needs, resulting in no nurses present during a critical event.
Failure to ensure nurses and nurse aides have appropriate competencies and training to care for residents, including CPR training and skills verification.
Failure to maintain accurate controlled medication records and documentation of medication administration.
Failure to electronically submit complete and accurate direct care staffing information to CMS.
Failure of Quality Assurance Performance Improvement (QAPI) committee to systemically address causal factors related to CPR on a resident with DNR and failure to notify the Governing Body of the adverse event.
Report Facts
Deficiency counts: 10 Missing medication doses: 34 Medication administration discrepancy: 35 Staffing hours: 14 Residents affected: 107

Employees mentioned
NameTitleContext
LPN #7Licensed Practical NurseNamed in failure to honor DNR and leaving unit during critical event
RN #9Registered NurseNamed in failure to check code status before initiating CPR
LPN #11Licensed Practical NurseNamed in CPR provision without current CPR certification
CNA #8Certified Nursing AssistantFound resident unresponsive and summoned assistance
Director of NursingDirector of NursingInterviewed regarding policies and incident response
AdministratorAdministratorInterviewed regarding facility policies and QAPI response
LPN #4Licensed Practical NurseNamed in medication record discrepancy and terminated for misconduct
LPN #5Licensed Practical NurseNamed in medication misappropriation and terminated for misconduct
CPR Instructor (INST)CPR Instructor/Staffing CoordinatorAssisted during CPR and interviewed about staffing
Regional PresidentRegional PresidentInterviewed regarding notification of adverse event and system failures

Inspection Report

Complaint Investigation
Deficiencies: 6 Date: May 13, 2024

Visit Reason
The inspection was conducted due to complaints and incidents involving failure to honor residents' advance directives, medication misappropriation, and staffing concerns.

Complaint Details
The complaint investigation was triggered by allegations that CPR was performed on a resident with a Do Not Resuscitate order (RI #159), medication misappropriation involving controlled substances for RI #400, and staffing inadequacies. The immediate jeopardy related to failure to honor DNR and staffing issues was removed after corrective actions were verified.
Findings
The facility failed to honor a resident's Do Not Resuscitate (DNR) order resulting in inappropriate CPR, failed to ensure accurate controlled medication records and prevent medication misappropriation, failed to provide sufficient nursing staff, failed to ensure staff competency in CPR, and failed to maintain accurate staffing data reporting. Immediate jeopardy was identified but later removed after corrective actions.

Deficiencies (6)
Failure to honor Resident Identifier (RI) #159's Advanced Directive for Do Not Resuscitate (DNR) resulting in inappropriate CPR and resuscitation efforts.
Failure to ensure accurate controlled medication records and prevent misappropriation of medications for Resident Identifier (RI) #400.
Failure to provide sufficient nursing staff on the South Unit resulting in inadequate coverage during a critical event.
Failure to ensure all nursing staff had current CPR certification and to provide adequate CPR training and skills verification.
Failure to submit accurate Payroll Based Journal (PBJ) staffing data to CMS for the quarter 10/01/2023 through 12/31/2023.
Failure of the Quality Assurance Performance Improvement (QAPI) committee to systemically address causal factors related to the inappropriate CPR event and failure to notify the Governing Body.
Report Facts
Missing Hydrocodone-Acetaminophen doses: 34 CPR duration: 56 Staffing hours: 14 PBJ reporting quarter: 1

Employees mentioned
NameTitleContext
LPN #7Licensed Practical NurseLeft unit during critical event, returned with DNR documentation, terminated for gross negligence.
LPN #11Licensed Practical NursePerformed CPR on RI #159 without current CPR certification.
RN #9Registered NurseInitiated CPR on RI #159 without verifying code status.
CNA #8Certified Nursing AssistantFound RI #159 unresponsive and summoned nurses.
LPN #4Licensed Practical NurseRecreated narcotic count sheet and implicated in medication misappropriation.
Director of NursingDirector of NursingInterviewed regarding medication discrepancies and CPR policy failures.
AdministratorAdministratorNotified of immediate jeopardy findings and involved in QAPI and corrective actions.
Regional PresidentRegional Vice PresidentNotified late about adverse event and CPR certification lapse.

Inspection Report

Complaint Investigation
Deficiencies: 5 Date: May 13, 2024

Visit Reason
The inspection was conducted due to a complaint investigation involving Resident Identifier (RI) #159 regarding failure to honor the resident's Do Not Resuscitate (DNR) Advanced Directive and related concerns about CPR administration and staffing.

Complaint Details
The complaint involved allegations that CPR was performed on RI #159 despite a valid DNR order, and that several nurses were not CPR certified. The complaint number is AL00047231.
Findings
The facility failed to honor RI #159's DNR wishes by initiating CPR despite the resident's documented DNR status. Staff did not verify code status before CPR, and one nurse performing CPR lacked current CPR certification. Additionally, staffing shortages were noted during the incident, and the facility's Quality Assurance Performance Improvement (QAPI) committee failed to adequately address the incident or notify the Governing Body.

Deficiencies (5)
Failure to verify resident's DNR code status before initiating CPR on RI #159.
Licensed Practical Nurse (LPN) #11 performed CPR without current CPR certification.
Insufficient nursing staff on the South Unit during the incident, resulting in no nurse present when RI #159 was found unresponsive.
Failure of the Quality Assurance Performance Improvement (QAPI) committee to thoroughly review the incident, implement corrective actions, or notify the Governing Body.
Failure to submit accurate Payroll Based Journal (PBJ) staffing data to CMS for the quarter 10/01/2023 through 12/31/2023.
Report Facts
Residents reviewed for CPR: 2 Staff involved in CPR: 5 Time CPR performed: 56 Staffing schedule hours: 14 Facility census: 107

Employees mentioned
NameTitleContext
LPN #7Licensed Practical NurseLeft the unit during the code to sit in her car; returned and informed staff of DNR status.
LPN #11Licensed Practical NursePerformed CPR on RI #159 without current CPR certification.
RN #9Registered NurseFirst to initiate CPR on RI #159 without verifying code status.
Director of NursingDirector of NursingAcknowledged policy was not followed and staff failed to verify code status.
AdministratorAdministratorNotified of immediate jeopardy findings; involved in QAPI and disciplinary actions.
CPR Instructor (INST)CPR Instructor/Staffing CoordinatorAssisted during code and called Code Blue; involved in staffing.
Regional PresidentRegional PresidentNotified late of the incident and CPR certification lapse; emphasized need for system changes.

Inspection Report

Complaint Investigation
Deficiencies: 5 Date: May 13, 2024

Visit Reason
The inspection was conducted due to a complaint investigation involving Resident Identifier (RI) #159 regarding failure to honor the resident's Advanced Directive for Do Not Resuscitate (DNR) and related issues including staff performing CPR despite the DNR order.

Complaint Details
Complaint investigation triggered by report number AL00047231 regarding failure to honor DNR order and related staffing and procedural deficiencies.
Findings
The facility failed to ensure that RI #159's end-of-life wishes were honored when staff initiated CPR despite a valid DNR order. Staff did not verify the resident's code status before initiating CPR, and one nurse performing CPR did not have current CPR certification. Additionally, staffing shortages and failure to properly notify the governing body and implement corrective actions were identified.

Deficiencies (5)
Failure to verify resident's code status before initiating CPR resulting in CPR performed on a resident with a valid DNR order.
Licensed Practical Nurse (LPN) #11 performed CPR without current CPR certification.
Failure to provide sufficient nursing staff on the South Unit during the incident.
Failure of the Quality Assurance Performance Improvement (QAPI) committee to thoroughly review the adverse event and implement effective corrective actions.
Failure to submit accurate Payroll Based Journal (PBJ) staffing data to CMS.
Report Facts
Deficiencies cited: 5 Staffing hours: 14 Time CPR performed: 56

Employees mentioned
NameTitleContext
LPN #7Licensed Practical NurseLeft unit during code, returned with DNR documentation, and was terminated for gross negligence.
LPN #11Licensed Practical NursePerformed CPR on RI #159 without current CPR certification.
RN #9Registered NurseInitiated CPR on RI #159 without verifying code status.
AdministratorFacility AdministratorNotified of immediate jeopardy findings and involved in QAPI and corrective actions.
Director of NursingDirector of NursingInterviewed regarding policies and failures related to CPR and DNR.
CPR Instructor (INST)CPR Instructor/Staffing CoordinatorAssisted during code and involved in staffing.
Executive Director/AdministratorExecutive Director/AdministratorProvided information on staffing and PBJ reporting.
Regional PresidentRegional PresidentReported not being notified timely of adverse event and CPR certification lapse.

Inspection Report

Complaint Investigation
Deficiencies: 2 Date: Apr 20, 2021

Visit Reason
The inspection was conducted due to complaints regarding the facility's failure to accommodate the needs of Resident #63 with an appropriate wheelchair and to ensure Resident #80 was free from abuse.

Complaint Details
The complaint involved Resident #63 not having an appropriate wheelchair to self-propel due to lack of footrests and improper fit, and Resident #80 being verbally abused by a housekeeping aide who called the resident a 'bitch'. The aide was suspended immediately and later terminated. The facility conducted abuse training following the incident.
Findings
The facility failed to provide a wheelchair appropriate for Resident #63, preventing self-propelling due to lack of footrests or proper fit. Additionally, the facility failed to protect Resident #80 from verbal abuse by a housekeeping aide, resulting in the aide's termination.

Deficiencies (2)
Failed to accommodate the needs of Resident #63 by providing a wheelchair appropriate for self-propelling, lacking footrests and proper fit.
Failed to protect Resident #80 from verbal abuse by a staff member, resulting in immediate suspension and termination of the employee.
Report Facts
Residents sampled: 20 Residents sampled: 24 Dates of observations: 3 Date of incident: Mar 30, 2021 Date of termination: Apr 2, 2021

Employees mentioned
NameTitleContext
Registered Nurse Unit ManagerConfirmed Resident #63 had no footrests on wheelchair and inability to self-propel
Director of RehabResponsible for fitting wheelchairs and attempted to fit footrests for Resident #63
Director of NursingRevealed facility lacked policy on proper wheelchair fitting
Assistant Executive DirectorReceived complaint call regarding Resident #80 abuse incident
Housekeeping AideInvolved in verbal abuse incident with Resident #80, terminated
Assistant Social WorkerAware of abuse incident involving Resident #80
Administrator and Abuse CoordinatorConducted abuse investigation and terminated housekeeping aide
Certified Nursing AssistantWitnessed verbal abuse incident involving Resident #80
Floor TechnicianWitnessed verbal abuse incident and notified appropriate staff
Social WorkerMade aware of abuse incident after the fact

Inspection Report

Complaint Investigation
Deficiencies: 2 Date: Apr 20, 2021

Visit Reason
The inspection was conducted due to complaints regarding the facility's failure to accommodate the needs of a resident with an appropriate wheelchair and an allegation of verbal abuse involving a resident and a staff member.

Complaint Details
The complaint involved Resident #63 not having a properly fitted wheelchair to accommodate mobility needs and Resident #80 being verbally abused by a housekeeping aide who called the resident a 'bitch'. The abuse was substantiated, the employee was suspended immediately and later terminated. The facility conducted abuse training for staff following the incident.
Findings
The facility failed to provide a wheelchair with footrests appropriate for Resident #63, preventing self-propelling, and failed to protect Resident #80 from verbal abuse by a housekeeping aide. The facility lacked a policy for proper wheelchair fitting and terminated the employee involved in the abuse incident after investigation.

Deficiencies (2)
Failed to provide a wheelchair appropriate for Resident #63 to self-propel due to lack of footrests.
Failed to protect Resident #80 from verbal abuse by a housekeeping aide who called the resident a derogatory name.
Report Facts
Residents sampled: 20 Residents sampled: 24 Dates of observations and interviews: Observations and interviews conducted on 4/18/21, 4/19/21, and 4/20/21

Employees mentioned
NameTitleContext
Registered Nurse Unit ManagerInterviewed regarding wheelchair fitting for Resident #63
Director of RehabInterviewed and observed attempting to fit wheelchair for Resident #63
Director of NursingInterviewed regarding facility policy on wheelchair fitting
Assistant Executive Director (EI #4)Received complaint call and managed abuse incident involving Resident #80
Housekeeping Aide (EI #5)Involved in verbal abuse incident with Resident #80; terminated
Assistant Social Worker (EI #6)Aware of abuse incident and involved in investigation
Social Worker (EI #7)Aware of abuse incident
Administrator and Abuse Coordinator (EI #8)Conducted abuse investigation and terminated EI #5
Certified Nursing Assistant (CNA) (EI #9)Witnessed verbal exchange during abuse incident
Floor Technician (EI #10)Witnessed verbal exchange and notified management during abuse incident

Inspection Report

Routine
Deficiencies: 6 Date: Mar 13, 2019

Visit Reason
The inspection was conducted as a routine survey to assess compliance with regulatory requirements related to nurse staffing information posting, food storage and labeling, and infection prevention and control practices.

Findings
The facility failed to post nurse staffing information daily with correct dates, improperly stored outdated and unlabeled food items in the walk-in cooler, stored dented cans with other stock, allowed clean linens to touch employee uniforms, and stored personal food items in the medication refrigerator. These deficiencies posed potential minimal to actual harm risks to residents and staff.

Deficiencies (6)
Failed to post nurse staffing information daily with correct dates.
Outdated food was stored in the walk-in cooler.
Foods stored in the walk-in cooler were not labeled with open and/or use by dates.
Dented cans were stored with other stock instead of separately.
Clean linens were allowed to touch employee uniforms during laundry tasks.
Personal food items were stored in the medication refrigerator.
Report Facts
Residents affected: 111 Dented cans observed: 12

Employees mentioned
NameTitleContext
Employee Identifier #1AdministratorInterviewed regarding nurse staffing information posting
Employee Identifier #3Activity DirectorResponsible for posting nurse staffing information
Employee Identifier #4CookObserved storing dented cans with other stock
Employee Identifier #5DieticianInterviewed regarding food storage and labeling policies and potential harms
Employee Identifier #6Laundry AideObserved allowing clean linens to touch uniform
Employee Identifier #2Registered Nurse, Infection ControlInterviewed regarding infection control practices

Inspection Report

Routine
Deficiencies: 6 Date: Mar 13, 2019

Visit Reason
The inspection was conducted as a routine survey to assess compliance with regulatory requirements including nurse staffing information posting, food safety and storage, and infection prevention and control.

Findings
The facility failed to post nurse staffing information daily with correct dates, improperly stored outdated and unlabeled food items in the walk-in cooler, stored dented cans with other stock, allowed clean linens to touch employee uniforms, and stored personal food items in the medication refrigerator, posing potential minimal to actual harm to residents and staff.

Deficiencies (6)
Failed to post nurse staffing information daily with correct dates.
Stored outdated food in the walk-in cooler past discard date.
Stored foods in the walk-in cooler without proper labeling of open and use by dates.
Stored dented cans with other stock instead of separately.
Allowed clean linens to touch employee uniform during laundry tasks.
Stored personal food items in medication refrigerator.
Report Facts
Residents affected: 111 Dented cans observed: 12

Employees mentioned
NameTitleContext
Employee Identifier #1AdministratorInterviewed regarding nurse staffing information posting
Employee Identifier #3Activity DirectorResponsible for posting nurse staffing information
Employee Identifier #4CookObserved storing dented cans with other stock
Employee Identifier #5DieticianInterviewed regarding food storage and labeling policies
Employee Identifier #6Laundry AideObserved allowing clean linens to touch uniform
Employee Identifier #2Registered Nurse, Infection ControlInterviewed regarding infection control practices

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