Cape Regency Rehabilitation & Health Care Center

Elder Neglect Lawyers

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Cape Regency Rehabilitation & Health Care Center? Our lawyers can help.

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation.

Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

About Cape Regency Rehabilitation & Health Care Center

Cape Regency Rehabilitation & Health Care Center is a for profit, 120-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Mashpee, Sandwich, Harwich, Bourne, Falmouth, Wareham, Carver, Plymouth, Nantucket, Fairhaven, Acushnet, Dennis, Brewster, Yarmouth, South Yarmouth, and the other towns in and surrounding Cape Cod and Barnstable County, Massachusetts.

Cape Regency Rehabilitation & Health Care Center focuses on 24 hour care, respite care, hospice care and rehabilitation services.

Cape Regency Rehabilitation & Health Care Center
120 S Main Street
Centerville, MA 02632

Phone: (508) 778-1835
Website: http://www.athenanh.com/MA_Cape_Regency.aspx

CMS Star Quality Rating

The Centers for Medicare and Medicaid (CMS) rates all nursing homes that accept medicare or medicaid benefits. CMS created a 5 Star Quality Rating System—1 star is the lowest rating and 5 stars is the highest—that look at three areas.

As of 2017, Cape Regency Rehabilitation & Health Care Center in Centervile Massachusetts received a rating of 1 out of 5 stars.

Performance Area Rating
Overall Rating 1 out of 5 (Much Below Average)
State Health Inspections 1 out of 5 (Much Below Average)
Staffing 3 out of 5 (Average)
Quality Measures 2 out of 5 (Below Average)

Fines Against Cape Regency Rehabilitation & Health Care Center

The Federal Government fined Cape Regency Rehabilitation & Health Care Center for health and safety violations as follows:

  • $39,488 on 02/25/2016
  • $6,900 on 04/07/2017

Fines and Penalties

Our Nursing Home Injury Law Firm inspected government records and discovered Cape Regency Rehabilitation & Health Care Center committed the following offenses:

The nursing home failed to give the resident's representative the ability to exercise the resident's rights.

Based on record review and staff interview, the facility failed to ensure that a Roger’s treatment plan was extended for 1 Resident (#6) who was prescribed an antipsychotic medication in a total sample of 22 Residents.

Findings include:

Resident #6 was admitted to the Facility in ,[DATE] with a [DIAGNOSES REDACTED]. Review of the medical record for Resident #6 indicated a guardian was court appointed for the Resident prior to admission to the Facility. Resident #6 had a physician’s orders [REDACTED].

The medical record included a Treatment Plan from the Commonwealth of Massachusetts Probate and Family Court dated [DATE]. The form indicated Resident #6 was approved to receive between 0.25 mg and 2 mg of [MEDICATION NAME] per day. The Treatment Plan indicated that the plan would be reviewed on [DATE] and if not sooner extended, would expire at 4:00 P.M. on that date. The Social Worker was interviewed on [DATE] at 3:15 P.M.

The Social Worker was unsure if a new treatment had been submitted to the Court and if a court date had already been held. The Social Worker was unaware of the expired Treatment Plan prior to the Surveyor inquiry. On [DATE] at 12:40 P.M. the Unit Manager said she was sending the medical certificate and treatment plan forms to the physician to complete so that they would be able to submit them to court.

The nursing home failed to immediately tell the resident, the resident's doctor and a family member of the resident of situations (injury/decline/room, etc.) that affect the resident.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review and staff interviews the Facility staff failed to notify the physician of a low blood [MEDICATION NAME] level and a recommendation from the Nurse Practitioner at Med Options for one Resident (#4) out of a total sample of 22 Residents.

Findings include:

Resident #4 was admitted to the Facility in 9/2015, with [DIAGNOSES REDACTED]. Review of the most recent quarterly Minimum Data Set (MDS) assessment with an assessment reference date (ARD) of 5/12/17, indicated that the Resident was severely cognitively impaired.

1) Review of Resident #4’s physician’s orders [REDACTED]. Further review of Resident #4’s physician’s orders [REDACTED]. The physician’s orders [REDACTED]. Review of Resident #4’s clinical record indicated that on 5/6/17 the Resident had a [MEDICATION NAME] level drawn. The results revealed the level was low at 3.6 (normal range 4-12). The lab report contained a hand written note; N.O. (new order) check in 1 wk. Further review of Resident #4’s clinical record indicated that on 5/16/17 the Resident had another [MEDICATION NAME] level drawn. The results revealed the level was lower at 3.0. Review of Resident #4’s nurse’s notes indicated that the last nurse’s note was written on 5/15/17. There was no nurses’s note indicating that the physician was notified of the lower [MEDICATION NAME] level obtained on 5/16/17.

2) Review of Resident #4’s clinical record indicated that on 5/29/17, the Nurse Practitioner (NP) for Med Options made a recommendation for the Resident to have a [MEDICATION NAME] level obtained now and quarterly.

Further review of Resident #4’s clinical record indicated there was no nurse’s note written after 5/15/17. The was no nurse’s note indicating the physician was notified of the NP recommendations.

The Surveyor interviewed the Unit Manager (UM) #1 at 3:15 P.M. on 6/8/17. The UM said the physician was not notified of the 5/16/17 low [MEDICATION NAME] level. The UM said the NP recommendations were not addressed with the physician yet. The Surveyor interviewed the UM at 1:00 P.M. on 6/9/17. The UM #1 said Resident #4’s low [MEDICATION NAME] level obtained on 5/16/17 and the NP recommendations from 5/29/17 were still not addressed with the physician.

The nursing home failed to ensure services provided by the nursing facility meet professional standards of quality.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on interviews and record reviews the Facility staff failed to ensure nursing services met professional standards of quality for one Resident (#6) in a total sample of 22 Residents.

Findings include:

Resident #6 was admitted to the Facility in 01/2017 with [DIAGNOSES REDACTED]. Review of the medical record indicated that following hip surgery in 05/2017, Resident #6 was started on [MEDICATION NAME], an anticoagulant medication used to prevent blood clots. Review of the [MEDICATION NAME] flowsheet for Resident #6 indicated the Goal range for INR (international normalized ratio) results was for the results to be between 1.5 and 2.5. Review of the labs and physician orders [REDACTED].

Review of the labs, physician orders, Medication Administration Record [REDACTED]. An INR lab was conducted on 06/05/17 with a result of 3.3, which is higher than the goal range for Resident #6.

The Unit Manager was interviewed on 06/08/17 at 3:20 P.M. She said she was unaware the INR had not been completed on 06/01/17. She was unsure who ordered the INR on 06/05/17 as there was no documentation in the nursing notes.

The facility failed to properly store, cook, and serve food in a safe and clean way.

Based on a Kitchen Tour with the FSS (Food Service Supervisor) on 6/8/17, from 9:15 A.M. until 9:55 A.M., The Facility failed to ensure that foods were stored, served, prepared, and served under sanitary conditions.

Findings include:

The FSS was interviewed on 6/8/17 at 9:15 A.M. He said that the Facility had been without a FSS for about a month and there were a lot of issues that he would have to resolve as noted below:

1. The walk in cooler was observed to have an opened bottle of Snapple iced tea with approximately 1/3 remaining the bottle. The bottle was undated. The FSS said the bottle likely belonged to a kitchen staff member and should not be stored in the Facility walk-in cooler.

2. At 9:20 A.,M., a plastic container of black beans and rice was observed in the walk-in cooler. The food item was not dated as to when the food was first prepared and stored.

3. A plastic container of tuna salad was observed in the walk in cooler with a piece of loosely placed plastic wrap covering it. There was no labeling or indication as to when the food item was first prepared and stored.

4. A plastic container of cooked pasta was observed in a plastic container in the walk-in cooler. There was no label or indication as to when the food item was first prepared and stored.

5. A plastic container of peppers and onions was observed in the walk-in cooler. A piece of plastic wrap was observed covering the plastic container. The dated written on the plastic wrap indicated the food was first prepared and stored in the walk-in on 5/6/17.

6. A moderate number of fruit flies were observed on the wall adjacent to the juice/drink dispenser. Many of the fruit flies were flying around in the area near the juice dispenser

7. The floor immediately below the juice dispenser was observed to be dirty with scattered food debris and crumbs.

8. The cover for the large, commercial mixer was observed to be stained with dried on, red colored, liquid.

9. The rubber mat placed immediately in front of the 3-pot sink was sticky when walked on and required cleaning.

10. A (DA) dietary aide was observed washing dishes in the Facility dishroom. The DA was observed with gloves on his hands, scraping/cleaning food scraps from plates/trays into the trash barrel . After cleaning the soiled dishes, the DA was observed placing dishes in the wash racks and pushed them into the dish machine. The DA then moved around to the clean side of the dish machine where the clean dishes came out. Without removing his gloves or washing his hands, the DA began unloading clean dishes from the clean racks and placed them on an area used to store clean dishes.

The FSS was interviewed about the observations of Surveyor #1. He said he understood the food storage/sanitation concerns identified by Surveyor #1 and indicated he had a lot of work to do to correct the deficiencies in the kitchen. He also said that the Facility had been without a FSS for over a month and that he would work to correct the kitchen sanitation/food storage issues. The FSS removed all of the outdated/unlabeled food items from the walk-in cooler and discarded them.

The Administrator was interviewed on 6/8/17 at 4:30 P.M. Surveyor #1 informed the Administrator of the sanitation/food storage concerns identified. The Administrator said he was unaware of the multiple kitchen sanitation/storage issues. He said that the Facility had not had a FSS for approximately one month.

The nursing home failed to give or get quality lab services/tests in a timely manner to meet the needs of residents.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review and staff interview the Facility staff failed to ensure that laboratory services were provided as ordered by the physician, for two Residents (#4 and 6) out of 22 sampled Residents.

Findings include:

1. Resident #4 was admitted to the Facility in 9/2015, with [DIAGNOSES REDACTED].

Review of the most recent quarterly Minimum Data Set (MDS) assessment with an assessment reference date (ARD) of 5/12/17 indicated that the Resident was severely cognitively impaired.

Review of Resident #4’s Medication Administration Record [REDACTED]. Review of Resident #4’s physician’s orders [REDACTED].

Review of Resident #4’s clinical record indicated that a Lipid Panel was not obtained in May 2016, November 2016, or May 2017, as ordered by the physician.

The Surveyor interviewed the Unit Manager (UM) #1 at 2:30 P.M. on 6/8/17. The UM #1 said the Resident’s Lipid Panel should have been obtained in May 2016, November 2016, and May 2017 but it was not.

2. Resident #6 was admitted to the Facility in 01/2017 with [DIAGNOSES REDACTED]. Review of the medical record indicated that following hip surgery in 05/2017, Resident #6 was started on [MEDICATION NAME], an anticoagulant medication used to prevent blood clots. Review of the [MEDICATION NAME] flowsheet for Resident #6 indicated the Goal range for INR (international normalized ratio) results was for the results to be between 1.5 and 2.5. Review of the labs and physician orders [REDACTED]. Review of the labs, physician orders, Medication Administration Record [REDACTED]. An INR lab was conducted on 06/05/17 with a result of 3.3, which is higher than the goal range for Resident #6.

The Unit Manager was interviewed on 06/08/17 at 3:20 P.M. She said she was unaware the INR had not been completed on 06/01/17. She was unsure who ordered the INR on 06/05/17 as there was no documentation in the nursing notes.

The nursing home failed to provide care by qualified persons according to each resident's written plan of care.

Based on record review and interview, the Facility failed for one of three sampled residents (Resident #2), to ensure staff implemented the plan of care. Resident #2 required gripper socks and use of a gait belt at all times for transfers and ambulation. On 2/13/17, Certified Nurse Aide (CNA) #1 provided assistance to Resident #2 with transfers and ambulation in the bathroom without the use of gripper socks and a gait belt; and Resident #2 experienced a loss of balance, sustained a laceration to his/her head which required 8 staples to close the wound.

Findings include:

Resident #2’s Quarterly Minimum Data Set (MDS) assessment, dated 2/16/17, indicated Resident #2 was severely cognitively impaired. The MDS indicated Resident #2 required limited assistance of one person for transfers on and off the toilet and ambulation between locations in his/her room.

Resident #2’s Care Plan for Fall Risk, initiated 5/17/16 and updated last on 12/8/16, indicated Resident #2 was at risk for falls related to a history of falls and muscle weakness. Interventions included use of assistive device, and appropriate footwear to include gripper socks at all times. The CNA Resident Care Card, utilized by the CNA’s providing care, indicated Resident #2 needed assist of one person for toileting and transfers, with gripper socks in place at all times.

Review of the Facility policy, Gait Belt Use, indicated gait belts are used to prevent injury and/or discomfort to the resident during transfer and ambulation tasks in which staff are called upon to provide physical assistance. The policy indicated gait belts must be used when physically transferring or ambulating residents.

Resident #2 was unable to be interviewed due to his/her impaired cognition. The Accident/Incident and Investigation Report, dated 2/13/17, indicated at 7:45 A.M., as CNA #1 provided assistance to Resident #2 in the bathroom, Resident #2 lost his/her balance, and hit his/her head on the door jam. The incident report indicated Resident #2 was transferred to the emergency room for treatment of [REDACTED].#1 admitted she failed to place gripper socks on Resident #1 and use the gait belt as she assisted Resident #1 with transfers in the bathroom, which was not consistent with Resident #2’s plan of care. The Surveyor interviewed CNA #1 at 2:28 P.M., on 4/7/17. CNA #1 said although she was aware Resident #2’s plan of care indicated he/she required gripper socks at all times, and required transfer and ambulation with a gait belt, she did not use the appropriate interventions as she provided assistance to Resident #2 in the bathroom.

The Surveyor interviewed the Director of Nurses at 9:00 A.M., and throughout the day on 4/7/17. The Director of Nurses said it the expectation that all care providers review care cards and plans of care for appropriate interventions, and that all care be provided per resident’s plan of care. The DON said CNA #1 should have placed gripper socks on Resident #2 and used the gait belt with transfer and ambulation of Resident #2. Resident #2 was transferred to the emergency room for treatment of [REDACTED].

The facility failed to ensure that the nursing home area is free from accident hazards and risks and provides supervision to prevent avoidable accidents

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review and interview, the Facility failed for one of three sampled residents (Resident #2), to ensure that Resident #2 was assisted with transfers and ambulation with the use of gripper socks and a gait belt per Plan of Care which resulted in an avoidable injury. On 2/13/17, Certified Nurse Aide (CNA) #1 provided assistance to Resident #2 in the bathroom with transfers and ambulation without the use of gripper socks and a gait belt. Resident #2 experienced a loss of balance, fell , and hit his/her head on the door jam. Resident #2 sustained a laceration to his/her head requiring 8 staples to close the wound.

Findings include:

Resident #2’s Quarterly Minimum Data Set (MDS) assessment, dated 2/16/17, indicated Resident #2 was severely cognitively impaired. The MDS indicated Resident #2 required limited assistance of one person for transfers on and off the toilet and ambulation between locations in his/her room.

Resident #2’s Care Plan for Fall Risk, initiated 5/17/16 and updated last on 12/8/16, indicated Resident #2 was at risk for falls related to a history of falls and muscle weakness. Interventions included use of assistive device, and appropriate footwear to include gripper socks at all times. The CNA Resident Care Card, utilized by the CNA’s providing care, indicated Resident #2 needed assist of one person for toileting and transfers, with gripper socks in place at all times.

Review of the Facility policy, Gait Belt Use, indicated gait belts are used to prevent injury and/or discomfort to the resident during transfer and ambulation tasks in which staff are called upon to provide physical assistance. The policy indicated gait belts must be used when physically transferring or ambulating residents. Resident #2 was unable to be interviewed due to his/her impaired cognition. The Accident/Incident and Investigation Report, dated 2/13/17, indicated at 7:45 A.M., as CNA #1 provided assistance to Resident #2 in the bathroom, Resident #2 lost his/her balance, and hit his/her head on the door jam. The incident report indicated Resident #2 was transferred to the emergency room for treatment of [REDACTED].#1 admitted she failed to place gripper socks on Resident #1 and use the gait belt as she assisted Resident #1 with transfers in the bathroom, which was not consistent with Resident #2’s plan of care or the Facility policy on Gait Belt Use.

he Surveyor interviewed CNA #1 at 2:28 P.M., on 4/7/17. CNA #1 said although she was aware Resident #2’s plan of care indicated he/she required gripper socks at all times, and required transfer and ambulation with a gait belt, she did not use the appropriate interventions as she provided assistance to Resident #2 in the bathroom. CNA #1 said Resident #2 loss balance, fell and hit his/her head on the door jam.

The Surveyor interviewed the Director of Nurses at 9:00 A.M., and throughout the day on 4/7/17. The Director of Nurses said it the expectation that all care providers review care cards and plans of care for appropriate interventions, and that all care be provided per resident’s plan of care. The DON said CNA #1 should have placed gripper socks on Resident #2 and used the gait belt with transfer and ambulation of Resident #2. Resident #2 was transferred to the emergency room for treatment of [REDACTED].#2 was assessed to have a 4 centimeter posterior (back) scalp laceration requiring 8 staples to close the laceration.

 

Cape Regency Rehabilitation & Health Care Center, Nursing Home Neglect and Elder Abuse Lawyers

If someone you love has suffered neglect or elder abuse by a senior caregiver, nursing home, or other care facility, our lawyers may be able to help. Regardless of whether or not criminal charges are filed against an alleged abuser, you may still be able to pursue compensation in a civil claim. Compensation in elder abuse cases may be awarded if someone in the care of another suffers harm due to intentional or negligent actions (including failure to take action).

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation. Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

Oftentimes, victims of abuse either cannot or will not speak up for themselves out of fear. If you notice any warning signs or symptoms of neglect of abuse an an elderly person, it is important you contact an elder abuse lawyer immediately. Not only are there statute of limitations on filing a claim, but the sooner we start helping you, the easier it will be to collect evidence and talk to any witnesses before important details are lost, hidden, or forgotten.

 

Boston Personal Injury Lawyers for Elder Abuse Cases

 

We offer a free, no-obligation legal consultation to help you understand your rights and the value of your case. Our personal injury law firm takes cases involving elder abuse and neglect. We offer legal service to clients in Massachusetts, Rhode Island and New Hampshire.


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Page Last Updated: December 30, 2017