cms_WV: 9081

In collaboration with The Seattle Times, Big Local News is providing full-text nursing home deficiencies from Centers for Medicare & Medicaid Services (CMS). These files contain the full narrative details of each nursing home deficiency cited regulators. The files include deficiencies from Standard Surveys (routine inspections) and from Complaint Surveys. Complete data begins January 2011 (although some earlier inspections do show up). Individual states are provides as CSV files. A very large (4.5GB) national file is also provided as a zipped archive. New data will be updated on a monthly basis. For additional documentation, please see the README.

This data as json, copyable

rowid facility_name facility_id address city state zip inspection_date deficiency_tag scope_severity complaint standard eventid inspection_text filedate
9081 PUTNAM CENTER 515070 300 SEVILLE ROAD HURRICANE WV 25526 2013-02-21 152 D 1 0 RESW11 **NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on medical record review and staff interview, the facility failed to ensure a person making health care decisions had the legal authority to do so under state law, ?16-30-1, the West Virginia Health Care Decisions Act. The facility allowed a person to make health care decisions prior to having documentation to support the person had the legal authority to do so for one (1) of four (4) sampled residents. Resident Identifier: # 94. Facility Census: 107. Findings include: a) Resident #94 Medical record review, conducted at 1:45 p.m. on 01/25/13, revealed a Durable Power of Attorney (DPOA) for Resident #94. The DPOA did not provide legal authority for the person named as the DPOA to make health care decisions for Resident #94, because it was not signed by Resident #94. Therefore it was not a legally binding document. If the DPOA had been signed by the resident and was legally binding it still did not contain a health care decision clause giving permission for the person to make health care decisions for Resident # 94. This document was placed on the medical record by the facility staff, therefore the facility felt it was a legally binding document. The facility staff was not aware the document was not signed by Resident #94, until it was pointed out during the by the survey. There were no other documents within the medical record which gave anyone the legal authority to make health care decisions for the resident. The medical record revealed a Physician order [REDACTED]. This form was signed by a person other than Resident #94 on 10/21/09. The person signing the form signed in the signature box labeled, Signature of Patient/Resident, Parent of Minor, or Guardian/MPOA Representative/Surrogate(Mandatory). Also contained in the medical record of Resident # 94 was a form titled, Resident admission agreement/consent to treatment. This form was also signed by the same person who signed the POST form. This form was also dated 10/21/09, on the line labeled Legal Representative. There was no documentation contained on the medical record giving the person signing these forms the authority to do so. The medical record review further revealed a Physician's Determination of Capacity dated 10/28/09 which revealed Resident #94 demonstrated incapacity to make medical decisions as of 10/28/09. This determination of capacity was completed one (1) week after the facility allowed someone else to sign the POST form and the consent for treatment. An interview was conducted with the Nursing Home Administrator (NHA), Employee #119, and the master's level social worker, Employee #73 at 2:10 p.m. on 01/24/13. They both reported they thought the resident had a Health Care Surrogate (HCS) appointed to make her health care decisions. They both confirmed the HCS appointment was not on the medical record at the time of the interview. They looked at the resident's financial file and was able to locate a HCS appointment for this resident. The HCS did appoint the person who had signed the POST form and the consent to treat, as the HCS decision maker for Resident #94. This HCS appointment was signed by the Physician on 10/28/09 which was one week after the facility allowed this person to make health care decisions for the resident. The NHA and Employee #73 both felt the resident may have had a HCS appointment prior to entering the facility, but was unable to provide evidence which would suggest they had seen the HCS appointment prior to allowing this person to make health care decisions for Resident #94. On 01/28/13 the NHA provided a HCS appointment document which appointed the person allowed by the facility to make health care decisions for Resident #94 as her HCS decision maker on 10/12/09. The NHA reported they contacted the hospital and they were able to fax her this document. The time and date the form was faxed was printed at the top of the page which was 01/24/13 at 6:06 p.m This document was received by the facility after the the presence of such a document was unable to be located in the facility. There was no evidence to suggest the facility had this document in their possession prior to allowing the now appointed HCS to make the medical decisions for this resident. Had the facility had this document in their possession they would not have reappointed the same person as HCS decision maker on 10/28/09. 2016-02-01