VERMONT AGENCY OF HUMAN SERVICES DEPARTMENT or DISABILITIES, AGING AND INDEPENDENT LIVING Division of Licensing and Protection HC 2 South, 280 State Drive Waterbury, VT 05671?2060 Survey and Certification VoiceflTY (802) 241?0480 Survey and Certification Fax (802) 241-0343 Survey and Certification Reporting Line: (888) 700?5330 To Report Adult Abuse: (800) 564-1812 April 27, 2018 Ms. Paula Pelkey, Administrator The Residence At Otter Creek 350 Lodge Road Middlebury, VT 057534498 Dear Ms. Pelkey: Enclosed is a copy of your acceptable plans of correction for the survey conducted on March 14, 2018. Please post this document in a prominent place in your facility. We may followup to verify that substantial compliance has been achieved and maintained. If we find that your facility has failed to achieve or maintain substantial compliance, remedies may be imposed. Sincerely, Pamela M. Cota, RN Licensing Chief Developmental Disabilities Services Blind and Visually Imparied Licensing and Protection Vocational Rehabilitation Division of icensina and Pr tection RINTED: 0313912018 FORM APPR OVED $5.10 Medication Management 5.10.3 Each residential care home must have written policies and procedures describing the home's medication management practices. The paid as must cover at least the following: (1) Level homes must provide medication i management under the supervision of a licensed inurse. Level IV homes must determine whether the home is capable of and willing to provide assistance with medications andlor administration of medications as provided under these regulations. Residents mUst be fully informed of the home's policy prior to admission. (2) Who provides the professional nursing delegation if the home administers medications to residents unable to self-administer and how the process of delegation is to be carried out in the home. (3) Quali?cations of the staff who will be managing medications or administering medications and the home?s process for nursing supervision of the sla if. (4) How medications shall be obtained for residents including choices of pharmacies. (5) Procedures for documentation of medication administration. STATEMENT OF DEFICIENCIES 0(1) (X2) MULTIPLE (X3) SURVEY ANO PLA 0F CORRECT IO NUMBER A. BUILDING: COMPLETED 1008 SMNQ 03r14r2018 NAME OF PROVIDER oR SUPPLIER STREET cooE 350 LODGE ROAD THE RESIDENCE AT OTTER CREEK MIDDLEBURY. VT 05753 (m to SUMMARY STATEMENT OF Io PLAN OF CORRECTION (xsl PREHX (EACH DEFICIENCY .vILIsr as PRECEDED BY FULL PREFIX (EACH UGRRECTWE ACTION SHOULD BE COMPLETE TAG REGULATORY OR LSC TAG CROSS-REFERENC so TO THE APPROPRIATE ENE DEFICIENCY) R100 Initial Comments: R100 R100 Initial comments. The submissmn of this i plan of correction does not Imply agreement With An unannounced on-site complaint survey was mt? .BXIStence Of .8 de?crency. It '3 Smemec? the completed on 3/14118 by the Vermont Division of Spirit Of COOPF??ratlon. to demonstrate The i Licensing and Protection. The purpose of the Brice. at Otter Creek 5 commitment to survey was to investigate 2 complaints and a continued Improvement In the quality of our mandated facility self -report. The following resident's care. regulatory violations are related to these Ivestigations. R150V- CARE AND HOME SERVICES R159 R160 1 Actions to Prevent Recurrence The current community medication policies as well as requirements listed in 5.10 will be reviewed and re?education will be provided to all community nurses and med techs. to include policies and procedures for narcotic count, documentation, pre- pouring and labeling medication, and reporting errors. The RCD will ensure follow through with these policies through bi?weekly random community narcotic counts for 3 months and then for 3 months then quarterly on-going. The RCD will perform bi-weekly random audits of the narcotic count log for 3 months. then for 3 months and then quarterly on-going. Completion date: 511 l2018 RED (3. WC) POC aim \r?g m-BOii?Co?u? Chet/21. 91p ol Licen sin 9 and Protection LABORATORY DIRECTOREGR RROVIDERTSURPLIER SIGNATURE TITLE (X6) DATE DMD ., won ILii Wig-Oi? STATE FORM 9? 2v'9x11 ll coniinuall on sh eel 1 c? if: Division of Licensing and Protection PRINTED 032912018 FORM APPROVED STATEMENT OF DEFICIENCIES (X1) PROVIDERISU A (X2) MULTIPLE CONSTRUCTION DA SURV E?t? AND PLAN OF connecrtou ION A ea 1003 8 - 0311412018 NAME OF PROVIDER CIR SUPPLIER ADDRESS, CITY. STATE. ZIP CODE 350 LODGE ROAD ES EE THE I an ATOTTER MIDDLEBURY, vr 051,53 X4) ID SUMMARY STATEMENT OF DEFICIENCIES PLAN OF CORRECT ION .-. AIXSET FIREFIX MUST BE PRECEDED BY FULL PR CORREC TNE ACTION SHOULD Br?. ?0 p; TAG REGULATORY OR LSC IDENTIFYING TAG CROSS-REFERENCED TO THE APPROPRIATE DA DEFICIENCY) R160 IContinued From page 1 I R160 i (6) Procedures for disposing of outdated or unused medication, including designation of a person or persons with for disposal. I (7) Procedures for monitoring side effects of medications. This REQUIREMENT is not met as evidenced i Byased on observation, staff interview and record nursing staff failed to manage controlled medication accountability in accordance with the facility's policies and procedures. This failure had the potential to affect 1 resident in the targeted sample and other residents receiving narcotic medications. 1). Findings include; Based on information reviewed subsequent to a facility mandated self-report regarding missing . narcotic medications, it was determined that Medication Technicians (MTs) and Licensed iPractical Nurses (LPNs) were not following the facility's policyiproce dures "1 . 11 Narcotic Count" I and "1.14 Assisting with Controlled Medication" tend "1.13 (Vermont) Medication Pro-Pour? poiicy. 1. This investigation reveaied a problem with staff not doing the narcotic count process per the policy. The facility did not have the forms I described in the policy for use in this facility. The form in Use by the home included insuf?cient information to include on each line, the amount of medication on hand, the amount given, and the amount remaining. Per review of controtted count sheets. issues identi?ed included the fotiowing practices: sta? made errors and drew lines through recorded medication administrations with no written explanation of why (Resident staff skipped tines on count sheets and started counts on new sheets before the current sheet was ?tted up; nurses who were pro-drawing up Division oi Licensing and Protection TATE FORM some 2Y9X11 Ii continuation sheet 2 of it} PRINTED: 031292018 FORM APPROVED Division of Licensing and Protection STATEMENT OF DEFICIENCIES PROVIDERISUPPLIERICUA (X2) CONS TRUCTION (X3) DATE SURVEY AND PLAN OF CORRECTION IDENTIFICATION NUMBER A BWDING COMPLETED 1008 03I14I2013 NAME OF PROVIDER oR SUPPLIER STREET ADDRESS. CITY. STATE. ZIP CODE 350 LODGE ROAD RESIDENCE A 0 CREE HE TTER MIDDLEBURY, VT 05?53 Ixai 10 SUMMARY STATEM ERT oF 1o PLAN OF CORRECTION (st pREle IEACH MUST BE PRECEDEO a? FULL (EACH CORRECTIVE ACTION SHOULD BE COMPLETE TAG REGULATORY OR TAG CROSS-REFERENCED To THE APPROPRIATE DATE DEFICIENCY) R160Continued From page 2 I R160 liquid morphine used different processes; some continued the count of morphine left in the bottle until count sheets were full (correct process); others started a new sheet each time they drew up more morphine. For Resident who was admitted in early January, 201 8, staff completed 2 Controlled Drug Records, one for 7 tabs of oxycodone. and one sheet for 109 tabs of oxycodone; there was no explanation of why the medications were recorded on 2 separate sheets. The medications were brought into the facility upon admission to the home. There was no explanantion on either sheet of what the numbers represented, the total amount the resident had upon admission, and the process failed to clearly show how the controlled medication was being accounted for on a daily basis. During interview on 311 2/niinn ed thatsfhe documented on 2I11HB that they had drawn up liquid morphine into 5 mg. doses per syringe for oral administration for Resident According to the i count sheet. there were 15 doses remaining at 31615 hr. on 2liil18. Sometime on 21'11l18. the LPN stated that slhe was told by a MT that were only 5 syringes left and more were needed. Slhe veri?ed that they never tooked at the narcotic . count sheets, Slhe just started drawing up more 5 doses of morphine at the desk at the Meadows unit. Slhe stated that sihe and the MT couldn't ?nd the count sheet for the bottle of morphine. which is kept in a locked box in the med cart lock box. Sihe started a new sheet and didn't write how much morphine was left in the bottle at that time. Slhe said slhe drew up 34 syringes and there was only a little morphine left in the bottle so sihe wasted it by adding hot water to it and pouring it down the draine witnessed by the MT on ivisionof Licensing and Protection STATE FORM 2Y9x11 ll continuation sheet 3 of 10 PRINTED: 03299018 FORM APPROVED Division Of Licensing and Protection STATEMENT OF DEFICIENCIES Om PROVIDERISUPPLIERICUA 0:2) MULTIPLE CONSTRUCTION (xa) DATE SURVEY AND PLAN OF CORRECTION NUMBER A Hummus. COMPLETED 1003 03r14r2018 NAME OF eeovroen oesuppuen smeemooness, STATE. zrecooe 350 LODGE ROAD TH RESIDENCE ER CREEK AT 0? MIDDLEBURY, VT 05753 (xii ID SUMMARYSTATEMENT 0F in PeovroER-s PLAN or CORRECTION 0:5} PR Fix (EACH DEFICIENCY MUST as PRECEDED BY FULL PREFIX (EACH CORRECTIVE ACTION SHOULD BE commem- EAPP PRIATE DATE TAG REGULATORY OR LSCIDENT TAG i ejrggea?r?gg? no R160 Continued From page 3 i R160 duty. When she wrote the amount drawn up on the new controlled sheet, she wrote "211/18, 17 50 hr., dose 5 mgi'mi. 12 under 'remaining'. There was no documentation Of adding the 34 I syringes to the count anywhere. The number 12 did not match any other syringe co Lint sheet, the LPN did not know how they came by this numb er. but believed it was in error. iThe morphine bottle was missing from the locked box where it was stored because the nurse stated ?that after wasting the remaining small amount, sihe threw the bottle Into the trash. The missmg morphine count sheet was later found and the last date of a count had been Eta/'1 by LPN #2 and stated ?drew up 35 (doses). 14 ML leit' in the bottle). I Additionally, per Observation of plastic bags antaining the Dre-drawn morphin medication on 3! 12i18. not all bags were labeled in accordance with the facility procedure "1.13 (Vermont) Medication Pre-Pour" which stated at the nurse shell label the unit dose container with the resident name. name of medication, dose of medication, medication. and reasonlindication for the medication. One bag of Dre-drawn morphine syringes was not labeled as stated in the procedure per observation duri ng a count with a i MT on duty on the morning of 3i12i18. During interview with LPN #2 an afternoon of 311811 8, the LPN con?rmed that on 2l12i18 at 6 PM when sihe wasted 11 syringes with 3 MT sihe just asked the MT to get them out of the locked boxes from the med cart and bring them to hitter, however. they did not watch or validate the number of syringes being pulted, sine "trusted h/hei". LPN #1 stated that alter drawing up the 34 syringes on 2111r18, she handed the syringes, with the count sheet wrapped around them tothe ivislon OiLlcensing and Protection STATE FORM 2Y9X?lt if continuation shes 4 ONO Division of Licensinq and Protection 03I29i2018 FORM APPROVED STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION PROVIDE RISU PPLI ERICUA IDENTIFICATION NUMBER 1008 (X21 MULTIPLE CONSTRUCTION A BUILDING .. DATE SURVEY COMPLETED 03f1412013 NAME OF THE RESIDENCE AT OTTER CREEK ROVIDER OR SUPPLIER STREET ADDRESS. STATE, ZIP CODE 350 LODGE ROAD MIDDLE BURY, VT 05753 (X4) ID PREFIX IAU SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL IUHI UH. I I INU I PR FIX PLAN OF CORRECTION (EACH CORRECTIVE ACTION SHOULD BE I I H: I I: DEFICIENCY) IXSI COMPLETE Lrnih Riso th RESIDENT CARE AND HOME SERVICES Continued From page 4 I R160 MT and asked hlher to lock them up and put the new sheet into the binder; the LPN did not personally observe this process. counter to facility procedure: "Narcoti count", Daily Narcotic count. Both med techs will visualize the actual the individual narcotic record and against the index for the narcotic record Both med te will visualize and con?rm the presence of an intact lock on the narcotic back up The failure of nursing staff to adhere to the facility's for daily counting of narcotic medications and ensuring that all narcotic records show an accurate accounting of amounts on hand verses the amounts administered to speci?c residents was con?rmed during interview with the RN Resident Director on 13113118 at 2 PM. R162 5.10 Medication Managem ent 5. 0.c. Staff will not assist with or administer any I medication, prescription or over?the?counler a medications for which there is not a physician's . written. signed order and supporting diagnosis or? probiem statement in the resident?s record. This REQUIREMENT is not met as evidenced by: Based on staff interview and record review, facility nursing staff administered medication to a resident after the physician had.discontinued the medication due to a failure to note orders and transcribe the orders timely onto the MAR (Medication Administration Record). The practice R162 Actions to prevent recurrence The current community policies and requirements listed in 5.10c will be reviewed and reeducation with be provided to all community nurses to include policies regarding medication order transcription procedures for discontinuing medications, and process for reporting errors. The RCD will ensure follow through with bi?weekly random audits of the medication administration records for 3 months. Completion Date 5/1/2018 RCD Q- Hell HIMIK . Beltane?w (5111qu .w STATE FORM wrsron oi Licens and Protection 2Y9X11 It can tlnuatlon sheet 5 0110 Division of Licensing and Protection PRINTED: 03.323120 18 FORM APPROVED STATEM ENT OF DEFI CIEN ores AND PLAN oF coanecrrou {Xi} PROVIDERISU PP LIEFU CUA IDENTIFICATION NUMBER 1008 A. BUILDING. X3) DATE SURVE COMPLETED s, 43201 8 NAME OF OR SUPFUER 350 LODGE RDA THE RESIDENCE AT OTTER CREEK STREET AQORESS, STATE. ZIP CODE MIDDLEB unv, VT 05793 SUMMARY STATEMENT OF DEFICIENCIES DEFICCENCY MUST BE PRECEDEDBY FULL REGULATORY OR LSC (X4) ID PREFIX TAG ID PREFIX TAG PLAN OF CORRECTION (EACH CORRECTIVEACUONSHOULD BE TO THE APPROPRIATE CDMHETE DATE R162 Continued From page 5 affected 1 applicable resident in the sample. (Resident Findings include: Per record review. Resident who had pre-existing routine (daily) orders for the medication Haldoi upon re-admissionto Hospice Services on 1!26!18, had a change in medications ordered by the physician after a care conference on the afternoon of 1.26118- Per staff interviews on the afternoon of 31318, after the care conference had ended on 1(26l18, the physician met with members of the resident's family and wrote new orders for medications, The order dated 1/2611 8 stated: Admit to Hospice See Standing Orders. The order also discontinued 8 routine (daily) orders. including Haidol, 0.5 mg. P0 twice daily. diagnosis. anxiety/agitation- Per interview with the LPN on duty on the afternoonievening of 1I26118, sine had started to note and transcribe the new orders to the MAR- (medication administration record) and was interrupted from that process . The nurSe veri?ed that sihe did not go back to the orders to ?nish up transcribing them that day and she later administered a dose of the Haldot at 1826. The following day. the nurse on duty did not transcribe the new orders and on 1/28118. when the Hospice RN arrived, it was discovered that there had been orders to discontinue the Haidol I Due to lack of timely transcription of the new physician order, the resident received a total of 4 doses of the Haldoi in error over a 3 day period. The error was con?rmed during interview with the LPN on 311 41'18 at R165 V. RESIDENT CARE AND HOME SERVICES R162 R165 R185 Actions to prevents recurrence Current Community policy and requirements listed in 5.10 will be reviewed with all filled Techs. To ensure follow through and evaluate med tech competence the RCD will randomly audit the medication administration record as well as the Narcotic log. All Med Techs will receive a supervised medication pass at minimum one time I . year red? (Pan/v.3 1 Completion DateMd: m4?- wlslon oi Licensmg and Protection STATE FORM ll comm um Inn sheet 6 a! 10 Division of Licensing and Protection PRINTED: 0312912013 FORM APPROVED I 5.10 Medication Management 5.10.d if a resident requires medication administration, unlicensed staff may administer medications under the following conditions: (3) The registered nurse must accept reaponsibiilty tor the proper administration of medications, and is responsible for: i. Teaching designated staff proper techniques for medication administration and providing appropriate information about the resident?s condition, relevant medications, and potential side effects; ii. Establishing a process for routine communication with designated staff about the resident's condition and the effect of medications, as well as changes in medications; Assessing the resident's condition and the need for any changes in medications; and Monitoring and evaluating the designated staff performance in carrying out the nurse's instructions, This REQUIREMENT is not met as evidenced by? 3 Based on staff interview and record review, the RN (Registered Nurse) failed to develop a i process to monitor and evaluate staff 1' performance in carrying out the nurse's instructions related to procedures for accounting for controiied medication per facility poiicy. This practice had the potentiai to affect residents receiving controlled medications, Findings include: Based on a mandatory report to the licensing agency on 2f21f18 at 155?. the facility was missing controlled narcotic medication, morphine sulfate. dose ordered as 5 mg.!0.25 ML STATEMENT OF DEFICIENCIES PROVIDERISUPPLIERJCLIA MULTIPLE DATE SURVEY AND PLAN OF NUMBER: A BUILDING: COMPLETED 1005 BI 03l14i2018 NAME OF PROVIDER DR SUPPLIER STREET ADDRESS. CITY. STATE. ZIP CODE 35:3 LODGE ROAD 5 cs .2 TH on REE MIDDLEBURY, VT 05753 (X4) ID STATEMENT OF in PROVIDERS PLAN OF CORRECTION [x53 PREFIX DEFICIENCY MUST BE PRECEDED BY FULL 9 CORRECTIVE ACTION SHOULD BE COMPLETE TAG REGULATORY OR L56 INFORMATION) TAG TO THE APPROPRIATE i DATE i Continued From page 6 R165 Division of Licensing and Protection STATE FORM am 2Y9X11 It continuation sheet 7 of 10 PRINTED: 032951018 FORM APPROVED Division of Licensinq and Protection STATEMENT or DEFICIENCIES (x1) Pnovmenrsuppuemcm {x21 MULTIPLE CONSTRUCTION {x3} DATE SURVEY AND PLAN or connecnou IDENTIFICATION NUMBER: A BUILDING COMPLETED 1008 8- WING D3i14l2018 NAME OF PROVIDER 0R SUPPUER 350 LODGE ROAD THE RESIDENCE AT OTTER CREEK MIDDLEBURY, VT 05753 STREET ADDRESS. CITY. STATE. ZIP CODE (milliliters) liquid medication. During an i investigation regarding missing controlled medications on 3i12i1 8. the missing morphine 5 was discovered on 2i14i1B at 1:15 PM when the LPN asked the Med. Tech. (MT) to 'puii the narcotic box from the Meadows unit medication cart' so slhe could draw up additional doses of the medication for Resident The LPN lound that the box containing the morphine .had no numbered red zip tag lock (provided by the pharmacy per policy) and was unlocked in the medication cart lock box. The LPN could not account for a missing bottle of morphine that should have contained 14 ml. of morphine. per review of the morphine amounts count sheet. The count was con?rmed with the RN (registered nurse) RCD (Resident Care Director). Per review of the narcotic medication count sheets used by the iacility for this resident and interviews with 2 LPNs who had drawn up 5 mg. dose syringes for MTs to administer to Resident there had been missing count sheets and the I count for morphine could not be veri?ed as to the i exact amount of morphine that was missing. it . .3 was discovered during the investigation that MTs i and LPNs were not foliowing the facility?s for "Narcotic Count" and "Assisting with Controlled Medications" and the I 'Vermont Medication Pre-Pour During intervierv with the RN RCD on 3113/18 at 2 i . PM, staff failures to follow the facility's narcotic count PIP was confirmed; the RN also con ?rmed that they had not performed any random audits of the narcotic count process with MTs to assure that staff were properly accounting for all controlled medications. including narcotic medications. in} ID i SUMMARY STATEMENT OF DEFICIENCIES Io PROVIDERS PLAN OF CORRECTION :st pREle (EACH DEFICIENCY MUST as PRECEDED BY FULL PREFIX (EACH CORRECTWE SHOULD BE COMPLETE mg Rsoumronv on Let: INFORMATION) TAG CROSSREFEHENCED TO THE APPROPRIATE DATE . Continued From page 7 . R165 Division oiLicensing and Protection STATE FORM zygx? ll continuation sheet at to Division of Licensing and Protection PRINTED 03f29l2018 FORM APPROVED For residents requiring nursing care, including nursing overview or medication management. the record shall also contain: initial assessment; annual reassessment; signi?cant change i assessment; physician?s admission statement and current orders; staff progress notes including changes in the resident's condition and action taken; and reports of physician visits, signed telephone orders and treatment documentation; and resident plan of care. This REQUIREMENT is not met as evidenced by: Based on staff interview and record review. a facility nurse failed to document the reason for administration of a PRN medication for 1 applicable resident in the sample receiving Hospice services, in accordance with the facility?s i policy. (Resident Findings include: Per review of the MAR (medication administration record) on 3i14I18. Resident #2 had Hospice physician orders done on 1128/18 for Hatdoi, 0.5 mg. (milligrams) by mouth every one hour as needed PRN agitation. Per review of the MAR for February. 2018, on 211i18 at 1333 HR. the resident received 0.5 mg of Haidol. The PRN medication note (for the reason for administration ofthe Haldol) did not state that the resident was experiencing any of agitation. The note stated: "resident slowing respirations were 54. .. now down to 43." During interview on the afternoon of 3/14118. the licensed nurse who wrote the note stated the the resident was moaning and moving around as if STATEMENT or osncreucrss (X1) (x2) MULTIPLE consmucnou (xai DATE sunvev AND PLAN OF CORRECTION IDENTIFICATION NUMBER A COMPLETED NG 1008 - 03:1412018 NAME OF PROVIDER OR SUPPLIER STREET ADDRESS. CITY. STATE. ZIP CODE 350 LODGE ROAD THE RESIDENCE AT OTTER CREEK MIDDLEBURY, VT 05753 [x41 ID STATEMENTOF ID PROVIDERS PLAN OF CORRECTION (x5) anFrx DEFICIENCY MUST as PRECEDED av FULL PREFIX (EACH connecnve acme SHOULD as con PLETE TAG REGULATORY 0R LSC IDENTIFYING INFORMATION) TAG CROSS-REFERENCEDTO THEAPPROPRIATE DATE R189V. RESIDENT CARE AND HOME SERVICES R189 ss=D . . . . Community polices as well as requirements listed I 5 12 (3) in 5.12.b will be reviewed with all community nurses and med techs. Reeducation on documenting PRN medication notes will be provided. The RCD will ensure follow through with random audits of at Ieast 3 different resident progress notes and the medication administration records bi-weekly for 3 months and then for 3 months and then quarterly on-going. Completion date: 511/2018 RCD \?E?Sci Po CL [cup Rd EH PAWS ?i?Ia/ Divlsron of Lie 9 and Protection STATE FORM 2Y9X11 i contin nation sheet 9 or to RINTED: 035192018 FORM APPROVED Division of Licensing and Protection STATEMENT OF DEFICIENCIES Ixn CONSTRUCTION 943} DATE SURVEY AND PLAN OF CORRECTION IDENTIFICATION NUMBER: A COMPLETED 1003 3? ??146 03:1412018 NAME OF PROVIDER OR SUPPUER STREETADDRESS, STATE, ZIP COOE 350 LODGE ROAD HE SIDENCE RE AT OTTER MiooLeeU RY. VT 05753 (x4119 SUMMARY STATEMENT OF DEFICIENCIES PLAN OF CORRECTION (x5; poem (EACH DEFICIENCY MUST BE PRECEDED av FULL Imam (EACH CORRECTNE ACTION SHOULD BE COMPLETE TAG REGULATORY on LCD me CROSSTREFERENCED To THE APPROPRIATE DATE DEFICIENCY) R139. Continued From page 9 R189 agitated at that time and that is why slhe administered the Hatdot. Sihe veri?ed that they failed to include the reason! indication for use (per physician orders) of the medication in the PRN medication note. i i Division olr Licensing and Protection STATE FORM It continuation sheet 10 of To VERMONT A GENCY OF UMAN ERVICES 01': ISABILITIES, AGING AND DI NT ?ivis i9 ofLice nsiu and Emigction MC 2 South, 280 State Drive Water bury VT 0567 I ?2060 h; i .ve on . ov Survey and Certi?cation Voice ITT (802) 24l~0480 urvey and Certi?cation Fax (802) 241-0 343 Survey and Certi?catio Reporti ng L. ine: (888) 700-5330 To Report Adu It Abuse (800) 564-1612 March 29, 2018 Paula Pelkey, Manager he Residence At Otter Creek 350 Lodge Road Middl ebury, VT 05753-4498 Dear Ms. Pelkey: The Divisio ofLicensing and Protection completed a complain I investigation at your facility on March 14, 2018. The purpo se ofthe surve was to determine ifyour Facility was in cman iance with Vermont Assisted Living Residence Regulations. The aurvey sta temth is nclose d. This urvey found the most serious de?ciency in your facility to be iso lated delicie ncies that coust itut no actual harm with pot ntial For more than minimal harm that is not iln med iatejeopardy. You must 5 ohm it a plan ofeorrection. Please writer?type the Plan of CoLTeetion in the space provided to the right. A comp letion date for each plan ofco rrec tio must be indica ted in the far righ I hand column. Attach additional ages ifnecessa ry. Please 5 ign, date, and indicate your title on the bottom ofthe ?rst page of the repo rt and retu rn this report to this of?ce no later than April 11, 2018. Plan of Correction (POC) Your POC must contain the to Ho wing: What action yo will take to correct the de?cie ncy; What measures will be put into place orwhat systemic changes you will make to ensure that the dc ficie at practice does not recur; and, How the corrective aclio ns will be me nitored so the de?ci ent prac tic does not recur. 0 he dates correctiv action will be comp leted. Developmental Disabilities Services Blind and Vis ualiy lmparied Licensing and Protection Vocational Rehabilitation You may also request an informal review of all or part ofthe co ntents of the notice at any tim (3 prior to April It, 2018 by calling Suzanne Leavitt, RN MS, Assistant ivi 5 io Directo r, or Clayton Clark, Divis io Director at (802) 24l-0480. lfyou are not satis?ed with the utco me of the informal revie with the Division, you may request a review by the Commissioner of Disa bilities Aging and independent Living. To request a review with the Co mm iss lo we r, call (802) 241 -2401. The Department is authori zed to impose sanctions for failure to correct a de?ciency and for failure to provide proof of correction by the speci?ed Correction Date. Depending on the natur of the -viola tions, the following sanctions may be im po 5 ed: administrative pena [ties of up to $l0.00 per res ident 01$ 1 00 .00 whichever is greater, for each day the violation remain s. unco rrected: suspens io n, revocation or modi?cation of an existing licen 5e; refusal to rene a license; suspension ofadmiss ion or transfe of residents to an alternative placement; injun cl ive re li efto enjoin any act or omission and the appointment ofa receiver for a facility. Ifyou feel strict compliance with the law or reg ulation 5 would impose a substantia hardship, you may apply to the Department for a variance as stated under Section ofthe Residential Care Home Licensing Regulations. You must do so prior to April Il, 2018. A ppeal As noted above, you may seek an informal review from Suzanne Leavitt, RN, MS, Ass is tant Division Direeto r, or a Commiss ion er?s review ofthis decision. In add it ion you have a right to request a fair hearing with the Human Services Board. Decisions by the Department ofDisa bili ties, Aging and Independent Living can be appealed to the Human Services Board pursua at to 3 V.S.A. ?309l. The request for a fair hea ring before the Human Services Board must be made within thirty (30) days of your receipt ofthe notice ofthis decision, and can be made by writing to the Board at 14-16 Baldwin Street, Montpelier VT 05633-2536. You have a right to appear before the Board and to prese nt witness es and other evidence with regard to the case. You also have a rig lit to be represe nted by an attorney at the Human Services Board fair hearing. Plea se contac t_ me at (802) 24l?0480 ifyou have any question 5 . Sincerely, Pamela M. Cola, RN Lice ns in Chief