F 0641
Ensure each resident receives an accurate assessment.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, staff interview, and record review, the facility failed to accurately complete the two most
current Minimum Data Set (MDS) assessments, and the two most current Nursing Quarterly assessments
for one (Resident #48) of thirty-six sampled residents.
Residents Affected - Few
Findings included:
During observations on 10/11/2021 at 1:00 p.m., 10/12/2021 at 12:50 p.m., and 10/13/2021 at 12:45 p.m.
and 2:10 p.m., Resident #48 was seated either in her room, the main dining room, or out in the smoking
courtyard. During these observed times, Resident #48 was seated, slightly reclined, in a padded [Brand
name] chair. Further observations revealed thigh straps that were attached to the chair and both of her legs.
These straps were observed preventing her from rising up from the chair. Resident #48 was not able to self
release these straps, and therefore they were identified as a trunk restraint. Resident #48 did not present
with any behaviors, pain, or discomfort related to the trunk restraint.
An interview with the [NAME] Unit Manager on 10/11/2021 at 1:15 p.m., confirmed Resident #48 utilized a
trunk restraint when up out of bed and seated in her [Brand name] chair. She said that Resident #48 had
diagnoses related to shaking and convulsions and the restraint was used for that reason. The [NAME] Unit
Manager confirmed that the restraint was only used on Resident #48 when she was up out of bed and
seated in her special padded chair.
Attempts to interview Resident #48 on 10/11/2021, 10/12/2021, 10/13/2021, and 10/14/2021 related to her
restraint or care and services were unsuccessful.
Review of Resident #48's medical record revealed she was admitted to the facility on [DATE]. Review of the
advance directives revealed Resident #48 was her own decision maker, with family involvement in making
decisions. Review of the diagnosis sheet revealed diagnoses to include but not limited to: Huntington's
disease, communication deficit, unsteadiness of gait, lack of coordination, and Encephalopathy.
Review of the current Physician's Order Sheet dated for the month of 10/2021, revealed an order for use of
[Brand name] chair with bilateral thigh straps when out of bed to maintain upright positioning, and safety.
May release for care and services, activities, and meals. Original order date was 6/8/2021. Education on
the device and consent for use of the device was signed and dated by the resident and a family member on
5/27/2020.
Review of the five day Minimum Data Set (MDS) assessment, dated 8/23/2021, revealed, Cognition:
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 3
Event ID:
105477
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105477
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/14/2021
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Bay Pointe Nursing Pavilion
4201 31st St S
Saint Petersburg, FL 33712
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0641
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Brief Interview Mental Status (BIMS) score of 15 of 15, which indicated the Resident #48 should have been
able to be interviewed related to her care and services. Restraints: Not checked as used.
Review of the previous quarterly MDS assessment dated [DATE] revealed: Restraints: Other, 1. Used less
than daily. This assessment did not identify the use of a trunk restraint, but rather other. There was no
documentation to indicate what other specified.
Review of the Nursing Quarterly data collection dated 7/8/2021, revealed no documentation for utilization of
restraints. Review of the Nursing Quarterly data collection dated 10/8/2021, revealed no documentation for
utilization of restraints.
On 10/14/2021 at 9:30 a.m., an interview with the Director of Nursing (DON), the Nursing Home
Administrator (NHA), the MDS Coordinator, and the Physical Therapist was conducted. The Director of
Nursing confirmed that Resident #48 had an order for a trunk restraint, specifically a [name brand] chair
with thigh straps, since 6/8/2021. The DON confirmed that the last two Minimum Data Set (MDS)
assessments, dated 7/8/21 and 10/8/21, did not identify that the resident used a trunk restraint. The DON
further confirmed that the Quarterly Data Collection assessment, dated 7/8/2021 and 10/8/2021, both did
not indicate Resident #48 used restraints. The MDS coordinator confirmed that the MDS assessments
dated for 7/8/2021 and 10/8/2021 did not reflect that Resident #48 used a trunk restraint. The MDS
coordinator indicated that they were trying to assess during those periods of whether she was actually
using a restraint or not, and trying to assess for the least restrictive restraint. He revealed that the
Interdisciplinary Team concluded that they would indicate the device as other, rather than a trunk restraint.
The DON and the Nursing Home Administrator both confirmed the device Resident #48 used was a
restraint and confirmed the restraint was for the trunk to prevent rising. The MDS coordinator revealed that
they did not think to document in the assessments that Resident #48 utilized a trunk restraint because the
Interdisciplinary team believed the thigh straps were something else. However, the DON, NHA, and MDS
coordinator indicated that Resident #48 currently used a restraint that prevented her trunk from rising,
therefore it should have been assessed as a trunk restraint.
The policy overview revealed; The facility will promote quality of life and resident centered care. Restraints
will be used only when necessary to treat a medical symptom and not used for staff convenience.
The least restrictive restraint, for the shortest duration of time will be applied to assist the resident in
reaching their highest level of physical and psychosocial well-being.
The facility will demonstrated and document the presence of specific medical symptoms that require the
use of the restraint to treat the cause of the symptom by evaluating resident condition, circumstances and
environment. The evaluation includes determining if a device is a restraint or an assistive device.
The policy definition of Physical Restraint is: Any manual method of physical or mechanical device,
material, or equipment attached or adjacent to the resident's patient's body that the individual cannot
remove easily which restricts freedom of movement or normal access to one's body.
The policy further indicated Restraints include, but are not limited to, the following: Chair that prevents
rising, Devices used with a chair such as trays, tables, bars or belts that the resident cannot easily remove
or that prevent them from rising.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105477
If continuation sheet
Page 2 of 3
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105477
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/14/2021
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Bay Pointe Nursing Pavilion
4201 31st St S
Saint Petersburg, FL 33712
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0641
The Restraint management section of the policy indicated: Re-Evaluation resident status at the care plan
and or standards of care meetings quarterly.
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105477
If continuation sheet
Page 3 of 3