F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to protect the resident's right to be free from
neglect by not ensuring staff fully processed and implemented physician's orders for immediate care and
ensure provision of necessary care and services and failed to complete a thorough investigation for
possible neglect for 2 of 6 residents, reviewed for Quality of Care and Treatment of a total sample of 6
residents, (#1, #6).
On [DATE], resident #1 was readmitted back to the facility from the hospital. The facility had transferred the
resident to the hospital on [DATE] where she was diagnosed with severe health care associated pneumonia
and sepsis, a serious blood infection with a high risk for total organ failure and death, (retrieved from
www.mayoclinic.org on [DATE]). While hospitalized for the next two weeks, she required intensive care and
a machine to breathe. She returned to the facility at approximately 9:00 PM on Friday, [DATE] with doctor's
orders to continue her medications and supplemental oxygen to keep her health conditions stable. The
facility's licensed nurses did not implement the physician's orders for immediate care that included critical
medications and oxygen, and did not adequately monitor the resident's recent respiratory failure to prevent
complications, worsening of condition and to mitigate the risk of serious injury/impairment/death. Three
days later, on Monday, [DATE] at 9:55 AM, the resident was found unresponsive and without respirations or
pulse. Nurses were unable to readily locate the resident's code status from the medical record, and at
10:00 AM, they initiated Cardiopulmonary Resuscitation (CPR) and notified 911. Emergency Medical
Services (EMS) arrived at the resident's bedside at 10:08 AM and discontinued CPR. The resident was
pronounced dead at 10:12 AM.
The facility's failure to process and implement physician's orders for immediate care and to provide
necessary care and services contributed to the destabilization of resident #1's acute and chronic medical
conditions and placed all residents at risk for neglect and serious injury/impairment/death. This failure
resulted in Immediate Jeopardy which began on [DATE] and was removed on [DATE].
Findings:
Cross reference F635 and F726.
1. Review of the medical record revealed resident #1, a [AGE] year-old female, was admitted to the facility
from the hospital on [DATE] with diagnoses of intracranial (brain) hemorrhage (bleeding) and hematoma
(blood pooling), encephalopathy (brain dysfunction), meningioma (tumor of membranes surrounding the
brain), dysphagia (difficulty swallowing), gastrostomy status (feeding tube), hypertension, deep tissue injury,
malnutrition, and dementia.
(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 39
Event ID:
105671
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
She was re-hospitalized on [DATE] and re-admitted on [DATE] with newly acquired diagnoses that included
acute hypoxic (low blood oxygen) respiratory failure, health care associated pneumonia, heart failure,
pressure ulcers, and epilepsy.
The Minimum Data Set (MDS) Death in facility tracking record with an Assessment Reference Date (ARD)
of [DATE] showed resident #1 died at the facility on [DATE].
Residents Affected - Few
The MDS 5-day assessment with ARD of [DATE] revealed there was no assessment completed for
cognitive patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility
and to complete her Activities of Daily Living (ADLs). The assessment noted she required an indwelling
urinary catheter for bladder functions, was frequently incontinent of bowel functions, had newly added
active diagnoses of epilepsy and respiratory failure, required a feeding tube to receive nutrition and
hydration, had 2 unstageable pressure ulcers, did not receive anticoagulant or antibiotic medications, had
no identified clinically significant medication issues, and she did not receive supplemental oxygen while a
resident during the look back period.
The MDS 5-day assessment with an ARD of [DATE] showed resident #1 scored 0 out of 15 on the Brief
Interview for Mental Status (BIMS) that indicated severe cognitive impairment. The assessment noted she
had not shown any behavioral symptoms, and had 1 stage 3 pressure ulcer during the look back period.
Review of the hospital's Physician Discharge Orders and Instructions dated [DATE] noted Physician
Medication Instructions included Jevity 1.5 1000 ML (milliliters) for nutrition at 40 ML per hour continuous
tube feeding, Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6 hours as needed,
and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next dose: Morning:
[DATE] for Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once daily,
Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement) once
daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, had 2 pressure wounds, required continuous oxygen with flow rate at 2 liters per
minute, and she had heart failure due to an abnormal LVEF (left ventricle ejection fraction) (percentage of
blood pumped out from the heart to the body) of 35-40%.
The Order Summary Report noted there were active physician's orders dated [DATE] for tube feeding
monitoring and care with enteral nutrition, and Docusate Sodium 100 milligrams (MG) as needed every 12
hours for constipation. The report showed additional medication orders dated [DATE] that read, Pending
confirmation for Famotidine 20 MG once daily for gastroesophageal reflux disease (GERD), Memantine
HCI 10 MG once daily for dementia, Polyethylene Glycol 17 grams (GM) as needed for constipation,
Latanoprost 0.005% eye drops once daily for glaucoma, Montelukast Sodium 10 MG three times daily for
asthma, Metolazone 10 MG once daily for high blood pressure, Midodrine HCI 10 MG three times daily for
orthostatic hypotension (low blood pressure after sitting or standing), Valproic Acid 500 MG once daily and
750 MG at bedtime for seizures, and Heparin 5000 Units by injection once daily for blood clot prevention.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 2 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
The Comprehensive Care Plan included focus for risk of infection complications with interventions for staff
to administer antibiotics and treatments, and notifications to the physician of significant changes or
shortness of breath. A care plan for neurological concern/condition included intervention for staff to
administer medications per doctor's orders. A respiratory condition/concern care plan showed interventions
for staff to administer oxygen and treatments per doctor's orders, monitor oxygen saturations, and assess
lung sounds.
Residents Affected - Few
During an interview on [DATE] at 10:15 AM, Licensed Practical Nurse (LPN) C said nurses were
responsible for entering and processing all physician's orders when residents were newly admitted or
readmitted to the facility from the hospital. She added that nurses had to ensure all medication orders were
entered into the electronic system by the end of the shift so the pharmacy could timely dispense and deliver
them. She stated the pharmacy delivered medications to the facility two times per day, and nurses could
access the facility's automated medication dispensary that contained most antibiotics and some other
emergent medications She explained that if problems arose with medication deliveries or access, nurses
were expected to notify the physician by the end of their shift.
On [DATE] at 2:46 PM, during a telephone interview, LPN E said nurses were expected to process
admission orders for residents they were assigned. He explained occasionally, nurses were required to take
over and complete the orders or assessments if the previous nurse was unable to get them done on their
shift. He recalled, on [DATE], he worked the 11:00 PM to 7:00 AM shift and recalled there were five
residents admitted or readmitted during the 3:00 PM to 11:00 PM shift. He stated that he and another nurse
assisted and entered incomplete admission orders from the previous shift. He said all admission medication
orders required a confirmation step, so they were submitted and processed by the pharmacy. He explained,
on [DATE] he gave report to the oncoming 7:00 AM to 3:00 PM nurse that there were pending medication
orders. He stated, the same morning, those nurses were supposed to review and confirm the medication
orders so the pharmacy would deliver them. He could not recall who the oncoming nurse was, or if he had
reported the issues to the Weekend Supervisor.
On [DATE] at 3:11 PM, during a telephone interview, LPN F recalled on [DATE], she worked the 11:00 PM
to 7:00 AM shift. She explained that during her shift she clarified an enteral feed substitution for resident #1
with the on call Advance Practice Registered Nurse (APRN) by telephone, and then confirmed the
resident's feeding tube orders in the medical record so it could be administered. She said the Medication
Administration Record (MAR) showed the resident's medication orders were pending confirmation status
and she could not administer them. She explained on [DATE] at approximately 7:00 AM, during the next
shift transition, she informed the Weekend Supervisor there were 5 admissions the previous evening with
incomplete orders that needed to be reviewed and confirmed. She stated she was concerned because
resident #1's medications needed to be administered. She remembered the Weekend Supervisor replied
that it was being handled, so she assumed the issues were addressed.
A Nursing Progress Note completed by LPN F on [DATE] at 3:52 AM, read, medications were entered by
previous shift nurse and this writer spoke with on call NP (Nurse Practitioner) (name) who completed
medication reconciliation. Pt. (patient) has an order for Jevity 1.5. Call made to on call to request an order
for house stock parenteral feeding. Currently awaiting call back with new orders.
On [DATE] at 4:06 PM, and 4:21 PM, and on [DATE] 11:34 AM, unsuccessful attempts were made to
contact the on call APRN by telephone.
During a telephone interview on [DATE] at 8:48 AM, the Weekend Supervisor said admission orders were
expected to be entered and fully processed by the assigned nurse by the end of the shift after the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 3 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
resident arrived on the unit. She explained that if a nurse's workload prevented them from completing
orders or assessments, the Unit Manager or Supervisor assisted in completing the order process as, it's a
priority. She said on weekends, it was her job to complete any incomplete assessments and sometimes she
assisted with wound care treatments. She recalled on Saturday, [DATE] and Sunday, [DATE] she worked
double shifts from 7:00 AM to 11:00 PM and did not recall any nurse that asked for her assistance or
reported any pending admission orders.
Residents Affected - Few
On [DATE] at 3:30 PM, LPN G recalled on Saturday [DATE], the day after resident #1 was admitted , she
was assigned to care for the resident on the 3:00 PM to 11:00 PM shift. She explained the resident's
medication orders were still pending status. She said she informed the Weekend Supervisor who replied to
that she was still working on them which indicated she was taking care of them. She stated she had not
administered resident #1's medications during her shift because they were still not scheduled on the MAR
by the end of her shift, over 24 hours after the resident returned to the facility.
Review of the resident #1's [DATE] MAR showed nurses signed for enteral nutrition administered from
[DATE] to [DATE]. The Treatment Administration Record (TAR) noted orders for feeding tube care and
monitoring. Neither the MAR nor TAR included orders for oxygen and/or monitoring, or pressure ulcer
treatments. Both records indicated no medications, supplemental oxygen, or pressure ulcer treatments
were administered to the resident, for three days.
On [DATE] at 4:16 PM, the Director of Nursing (DON) said she expected nurses to enter and fully process
admission orders and complete resident assessments. She said when medications weren't entered and
confirmed as per their process, the pharmacy was not alerted to send the medications. She explained after
resident #1 died on [DATE], she reviewed the medical record and found the admission orders had not been
completed, and the resident had not received any medications after she returned to the facility on [DATE].
She said she investigated and concluded that nurses who took care of the resident had not understood the
process to ensure the orders were completed.
In a telephone interview on [DATE] at 8:41 AM, the Weekend Supervisor said protocols for care and
monitoring of a resident who was admitted from the hospital after respiratory failure included nurses'
assessments of their lungs for abnormal sounds, oxygen saturation status, blood pressure, and heart rate
at least every shift and most physicians requested it every 4 hours. She explained nurses needed to
complete physical assessments and were to monitor residents for changes in condition so the physician
was notified to determine if the treatment plan should be revised, or if a higher level of care was needed.
She recalled she completed resident #1's assessments after she was admitted on [DATE].
Review of the admission Evaluation completed and signed by the Weekend Supervisor on [DATE] showed
resident #1's most recent vital signs were obtained on [DATE] at 9:19 PM, when the resident's heart rate
was 108 beats per minute, her respirations were 20 breaths per minute, and her oxygen saturation was
measured at 96% on room air. The neurological assessment noted the resident had a neurological
condition that required medications. The Skin assessment showed there were two pressure ulcers to be
treated per physician's orders. The Respiratory/pulmonary status documented the resident had dyspnea
(shortness of breath), Emphysema/COPD, Respiratory failure, diminished lung sounds, required oxygen
support, monitoring of lung sounds, oxygen saturation levels, and physician notification of changes, issues,
or concerns. The Infections/Cancer/IV assessment section documented the resident had upper and
respiratory infections with pneumonia and wound/pressure ulcers, was at risk for complications of infection,
required antibiotics, treatments or therapies as ordered, and physician notification for vital sign changes or
shortness of breath. The report read, 5. Date and time physician was
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 4 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
notified, and orders were confirmed: [DATE] 6. Date and time pharmacy was sent physician orders: [DATE] .
Reconciliation . Medications were reviewed and reconciled with the attending Physician .
The Smoking Assessment completed by the Weekend Supervisor on [DATE] read, . Does the resident use
Oxygen? . , with a response, No.
The medical record revealed after [DATE] at 9:19 PM when the resident returned from the hospital and over
the next 59 hours, two vital signs assessments were done. On [DATE] at 9:53 PM, the blood oxygen
saturation read 96% without supplemental oxygen, and on [DATE] at 8:24 AM, for a respiratory rate of 20
breaths per minute and a blood oxygen saturation reading of 96% with oxygen (unknown flow rate)
administered via nasal cannula. The medical record did not include any additional assessments to monitor
resident #1's respiratory status.
Review of a Nursing Progress Note dated [DATE] at 12:47 PM, by LPN B read, Vitals were taken by nurse
at 0830 (8:30 AM). Vitals were WNL (Within Normal Limits). No c/o (complaints of) pain, pt. (patient) was
alert. The therapy dept. (department) notified me at approx. (approximately) 0955 (9:55 AM). I went in to
room with unit manager to evaluate pt. Patient was not breathing and had no pulse. Code status was full
code, verified by 2 nurses. CPR was initiated per facility policy at approx. 1000 (10:00 AM). 911 was called
at 1000 and arrived at approx. 1010 (10:10 AM). 911 team pronounced pt. deceased at 1015 (10:15 AM).
MD (Medical Doctor) was notified at 1020 (10:20 AM). Son and husband both notified at 1025 (10:25 AM).
(Name) funeral home notified per family request at 1025.
On [DATE] at 12:36 PM, LPN B recalled on [DATE] from 9:55 AM to 10:00 AM, nurses were unable to easily
determine resident #1's code status because it was not included in her physician's orders in the medical
record. She explained she was not able to locate a Do Not Resuscitate Order (DNRO), and nurses
determined without one, the resident was a Full Code. She stated she had not expected difficulty with
finding the resident's code status because it was usually located on their profile however resident #1's
record did not show one.
Review of the Order Summary Report revealed there were no physician's orders for resident #1's code
status. The Comprehensive Care Plan did not include a focus for advanced directives nor Code Status.
On [DATE] at 9:30 AM, the DON stated she expected the Weekend Supervisor to ensure all nursing
processes were fully completed for new admissions which included a chart check and audit form. She
explained nurses were to complete a head to toe physical assessment of a newly admitted resident within
one hour of their arrival, which included making sure any ordered oxygen was supplied, administered, and
monitored at least every shift per standard protocols. She said she obtained statements from the nurses
who were assigned to resident #1 on the weekend of [DATE], and their accounted reports conflicted with
each other. She recalled her conversation with the Weekend Supervisor revealed she was not aware that
her responsibilities included chart checks and to ensure orders, assessments, and nursing processes were
completed. The DON conveyed she was very concerned the nurses including the Weekend Supervisor had
not intervened and ensured resident #1's physician's orders for immediate care were fully processed and
implemented. She acknowledged several nurses had not recognized the clinical impact and risk for resident
#1's worsening health conditions, nor acted on discrepancies and contacted the physician. She said the
resident should have received her medications, and nurses should have followed the process and
monitored her for changes in condition or symptoms of complications because, she could have become
septic.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 5 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
During a telephone interview on [DATE] at 10:08 AM, resident #1's son recalled on [DATE], he traveled from
out of state to visit his mother and he thought she was still in the hospital. He explained he was upset no
one from the facility called him to let him know she had returned to the facility on [DATE]. He said on [DATE]
when he saw his mother, she did not have oxygen on. He recalled on [DATE] at about 10:30 AM, he had
just returned home when the facility called him and informed him his mother died and they told him, We did
all we could do.
Residents Affected - Few
The (City) Fire Department Patient Care Report documented EMS personnel responded to a 911 call
received from the facility on [DATE] at 10:01 AM and arrived at resident #1's bedside at 10:08 AM where
they assessed her. The report read, Patient Dead at Scene-No Resuscitation Attempted (Without Transport)
. skin cold . arrived on scene, Pt (patient) contact made, Adult ALS (Advanced Life Support) medical
assessment completed, Rigor noted to the pts (patient's) jaw.
On [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) explained on [DATE], the facility
investigated resident #1's death in the facility and determined licensed nurses had not provided care and
services. He explained regulatory non-compliance was reviewed with their Quality Assurance Performance
Improvement (QAPI) program. He noted the last Ad-Hoc QAPI meeting was held on [DATE] when a nursing
concern was addressed. He said the facility determined no willful intent occurred and the incident did not
meet criteria for an adverse report of possible neglect.
On [DATE] at 11:10 AM, the [NAME] President of Clinical Services said they determined resident #1's
incident was, more of a nursing issue with compliance for poor nursing care.
During a telephone interview with the Medical Director on [DATE] at 12:45 PM, he said he was unaware
that resident #1 had not received any medications for 3 days after she was admitted from the hospital and
died. He recalled in the evening after he left the faciity on [DATE], the facility contacted him by phone and
informed him that a technical issue caused missed medication administrations for a newly admitted
resident. He stated the facility assured him they implemented a training plan, and he told them they needed
to make sure it had not happened to any other resident. He said he was very concerned and expected to be
contacted promptly for significant identified concerns, especially clinical ones. He explained there were
processes in place and omissions of physician's admission orders was, a very scary thought, and stated,
that's a big problem.
Review of the facility's Standards and Guidelines titled, Policies and Procedures: Abuse, Neglect,
Exploitation, Mistreatment, Misappropriation of Property and Injury of Unknown Source Prevention
(ANEMMI) revised on [DATE] revealed Neglect was defined as the failure of the facility, its employees or
service providers to provide goods and services to a resident that are necessary to avoid physical harm,
pain, mental anguish or emotional distress.
2. Review of the medical record revealed resident #6, a [AGE] year-old male, was admitted to the facility on
[DATE] and readmitted from the hospital on [DATE] with diagnoses of cellulitis (tissue infection) of the left
lower limb, chronic left foot ulcers (wounds), pressure ulcers to the right hip and coccyx (tailbone), Human
Immunodeficiency Virus (chronic viral blood infection), Syphilis (chronic infection), chronic embolism and
thrombosis (blood clot), thyroid disorder, depression, and cognitive impairment. On [DATE], a newly
acquired diagnosis of osteomyelitis (bone infection) was added.
Review of the MDS admission assessment with ARD of [DATE] noted the resident scored 13 out of 15 on
the BIMS that indicated he was cognitively intact. The assessment noted he had not shown any behaviors
or rejections of evaluation or care. The assessment showed he required moderate assistance from
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 6 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
staff to complete ADL's, he did not walk, was dependent on staff assistance for mobility, transfers in and out
of bed, and used a wheelchair. He was always incontinent of bladder and bowel functions, and had frequent
pain that interfered with his day to day activities. He had one stage 3, one stage 4, and 2 unstageable
pressure ulcers, intravenous (IV) central line access, and he received antidepressant, anticoagulant,
antibiotic, and opioid medications with identified potentially clinically significant medication issues during
the look back period.
Residents Affected - Few
The Comprehensive Care Plan included focus for ADL care with staff assistance, fall risks, cellulitis
infection with an intervention to administer physician ordered medications, four pressure ulcers with
interventions that nurses monitored for complications and provided ordered treatments, a metabolic
condition that required medication, risk for infection complications with an intervention that ordered
antibiotic medications would be administered, malnutrition due to infection, risk of intravenous access
complications with interventions that site care and infusions were provided and monitored by nurses for
patency and complications
The hospital's Physician Discharge Orders and Instruction noted Medication Instructions included Tylenol
650 MG as needed for pain, medications with the next dose administration due on [DATE] for Atorvastatin
(cholesterol lowering) 20 MG once daily at bedtime, Losartan (for high blood pressure) 50 MG twice daily,
Atenolol (blood pressure) 50 MG twice daily, Heparin (blood thinner) 5000 units by injection every 12 hours,
the next dose administration on [DATE] for Levothyroxine (thyroid stabilizing) 25 micrograms (MCG) once
daily, Sertraline (antidepressant) 50 MG once daily, Levaquin (antibiotic) 750 MG once daily, Bactrim
(antibiotic) 800-160 MG once daily, and Ertapenem (antibiotic) 1 gram (GM) IV infusion once daily.
Additional Physician Instructions were noted and indicated the resident required aggressive wound care
with IV and oral antibiotic medications per the Infectious Disease physician, and the resident had an IV
access catheter in place that required continued monitoring and care.
The Order Summary report showed on [DATE], physician's medication orders were entered that included
Tylenol 325 MG every 6 hours as needed for pain, Atorvastatin 20 MG at bedtime for high cholesterol,
Levothyroxine 25 MCG once daily for thyroid, Sertraline 50 MG once daily for depression, Losartan 50 MG
twice daily for blood pressure, Atenolol 50 MG twice daily for blood pressure, Bactrim 800-160 MG once
daily for chronic infection, Levaquin 750 MG once daily for wound infection, Heparin 5000 units injected
once daily for blood thinner, and Ertapenem Sodium IV infusion 1 GM once daily for wound infection until
[DATE]. The report showed physician's orders for nurses' care and monitoring of resident #6's right basilic
vein IV access catheter was ordered [DATE], three days after he returned from the hospital. Orders for care
and treatment of one stage 4, one stage 3, and two unstageable pressure ulcers that were present when
the resident returned to the facility on [DATE] were not entered until [DATE], four days after he returned
from the hospital.
Review of the [DATE] MAR showed from [DATE] to [DATE], the resident missed seven out of nine Heparin
doses, two out of four doses of Sertraline, Atenolol, Losartan, Bactrim, and Levaquin, and four out of four
doses of Ertapenem IV infusions. The report noted the resident's IV catheter access care and monitoring
orders started on [DATE] that indicated nurses had not monitored and maintained the IV for three days.
A Wound Care APRN progress note dated [DATE] documented the resident was assessed and treated for
pressure ulcers that were present when he was admitted located on his coccyx, right hip, and two ulcers on
his left foot.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 7 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Review of the [DATE] TAR showed pressure ulcer wound care and treatments had not started until [DATE],
four days after the resident returned from the hospital.
On [DATE] at 2:15 PM, resident #6 was observed in his room lying in bed covered by a blanket with his
eyes closed. Inactive IV equipment was positioned at noted to the left side of his bed.
The (Pharmacy provider) Proof of Delivery Shipment Summary showed on [DATE] at 5:24 PM, the facility
received medications for resident #6 that included Losartan, Bactrim, and Levaquin. The Shipment
Summary dated [DATE] at 7:06 AM, showed the facility received the residents Heparin injectable
medication. The Shipment Summary dated [DATE] at 5:51 PM indicated the facility received the residents
IV Ertapenem medication and administration supplies, four days after the resident returned to the facility
from the hospital.
Review of the facility's automated dispensary machine showed a history report that noted one dose of oral
Bactrim was removed on [DATE] for resident #6. The inventory reports showed the dispensary contained
the IV medication Ertapenem, that resident #6 should have received, however it had not been dispensed.
On [DATE] at 1:03 PM, during a telephone interview, the pharmacy provider's Pharmacy Technician
checked their records and said they received orders for resident #6's IV medication on [DATE]. She said
their IV face sheet record indicated the pharmacy made more than 5 attempts to contact the facility for
further information required to dispense the medication, but the facility had not responded.
On [DATE] at 11:45 AM, the DON said the pharmacy usually filled medication orders within hours and
delivered twice daily. She said nurses were expected to notify the physician if medication doses were not
administered for any reason and that included pharmacy delivery problems.
On [DATE] at 2:45 PM, LPN B recalled she worked the 7:00 AM to 3:00 PM shift on Monday [DATE], and
her assignment included resident #6. She said the resident's IV antibiotic medication had not arrived from
the pharmacy and she was not able to administer it. She explained it was possible the pharmacy required
lab results. She noted the pharmacy often had additional information requirements before they dispensed
IV antibiotics for example, height, weight, and/or laboratory results. She said she reported the IV medication
was not administered to the oncoming nurse. She did not explain why she did not contact the physician to
report the omissions.
On [DATE] at 2:59 PM, the DON acknowledged pharmacy shipment summaries showed resident #6's
Heparin was not delivered until [DATE], and the IV Ertapenem was not delivered until [DATE]. She
acknowledged the hospital discharge medication orders indicated Heparin was due [DATE], and the oral
and IV antibiotics were due [DATE]. She checked the resident's MAR and confirmed there were multiple
missed doses of medications. She could not explain why so many nurses failed to act on the discrepancies
nor contact the doctor and stated she needed to look into the matter further. She explained the facility's
automated dispensary was used for pharmacy delays, and it contained most antibiotics including IV
Ertapenem, but the facility did not keep the required equipment on hand to infuse the IV antibiotic.
Review of a Nursing Progress Note dated [DATE] at 9:06 AM, read, resident #6, (called) 911 himself,
stating he must go to the hospital due to the unbearable pain in legs and feet. Rating at 10/10 (10 out of
10), because the Tylenol 2 Tab 650 mg administered was not effective. 911 responded and called for
(transportation provider) to transport. Patient went out via (transportation provider) for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 8 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
further evaluation and treatment. Additional Progress Notes showed on the same day at 3:15 PM, the
resident had returned from the emergency room, and narcotic pain reliever medication was added to his
treatment.
On [DATE] at 4:33 PM, the DON explained she contacted the pharmacy provider and learned on [DATE],
LPN J responded to a fax request from the pharmacy for resident #6's lab results. She said that was the
reason for the pharmacy's delay and when the lab results were received, the IV medication was dispensed
and delivered on [DATE]. She could not explain why the resident's other medications were delayed.
In an interview on [DATE] at 11:41 AM, the Infectious Disease APRN explained he expected a prompt
continuance of any antibiotics ordered with hospital discharges, and those from an Infectious Disease
physician were considered more critical. He said he treated resident #6 at the facility and he was familiar
with him. He was not aware the resident had missed multiple doses of antibiotics, especially IV infusions.
He indicated the missed doses could have led to worsening of his infection and sepsis. He relayed he was
concerned as nurses had not contacted him about the omissions and stated he would have likely extended
the stop date to ensure the resident received the entire treatment course.
Review of the Order Summary Report showed on [DATE], physician's medication orders for the antibiotic
medication Ertapenem 1 GM by IV infusion once daily were revised to treat a newly added diagnosis of
osteomyelitis and the treatment course required 18 additional doses.
During a telephone interview on[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 9 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to timely report possible neglect for 1 of 6 residents reviewed
for Administration of a total sample of 6 residents, (#1).
Findings:
Review of resident #1's Minimum Data Set (MDS) Death in facility tracking record with an Assessment
Reference Date (ARD) of [DATE] showed resident #1 died at the facility on [DATE].
The MDS 5-day assessment with an ARD of [DATE] revealed no assessment was completed for cognitive
patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility and to
complete her Activities of Daily Living (ADLs). She had newly added active diagnoses of epilepsy and
respiratory failure, required a feeding tube to receive nutrition and hydration, had 2 unstageable pressure
ulcers, did not receive anticoagulant or antibiotic medications, had no identified clinically significant
medication issues, and she did not receive supplemental oxygen while a resident during the look back
period.
The Comprehensive Care Plan included focus for risk of infection complications with interventions for staff
to administer antibiotics and treatments, and notifications to the physician of significant changes or
shortness of breath. A care plan for neurological concern/condition included intervention for staff to
administer medications per doctor's orders. A respiratory condition/concern care plan showed interventions
for staff to administer oxygen and treatments per doctor's orders, monitor oxygen saturations, and assess
lung sounds.
Review of a Nursing Progress Note dated [DATE] at 12:47 PM, by Licensed Practical Nurse (LPN) B read,
Vitals were taken by nurse at 0830 (8:30 AM). Vitals were WNL (Within Normal Limits). No c/o (complaints
of) pain, pt. (patient) was alert. The therapy dept. (department) notified me at approx. (approximately) 0955
(9:55 AM). I went in to room with unit manager to evaluate pt. Patient was not breathing and had no pulse.
Code status was full code, verified by 2 nurses. CPR was initiated per facility policy at approx. 1000 (10:00
AM). 911 was called at 1000 and arrived at approx. 1010 (10:10 AM). 911 team pronounced pt. deceased at
1015 (10:15 AM). MD (Medical Doctor) was notified at 1020 (10:20 AM). Son and husband both notified at
1025 (10:25 AM). (Name) funeral home notified per family request at 1025.
Review of the hospital's Physician Discharge Orders and Instructions dated [DATE] noted Physician
Medication Instructions included Jevity 1.5 1000 ML (milliliters) for nutrition at 40 ML per hour continuous
tube feeding, Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6 hours as needed,
and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next dose: Morning:
[DATE] for Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once daily,
Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement) once
daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 10 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, had 2 pressure wounds, required continuous supplemental oxygen with flow rate of 2
liters per minute, and she had heart failure due to an abnormal LVEF (left ventricle ejection fraction)
(percentage of blood pumped out from the heart to the body) of 35-40%.
Review of the [DATE] Medication Administration Record (MAR) showed nurses signed that resident #1's
enteral nutrition was administered from [DATE] to [DATE]. The Treatment Administration Record (TAR)
noted orders for feeding tube care and monitoring. Neither record included orders for supplemental oxygen
and/or monitoring, or pressure ulcer treatments. Both records indicated no medications, supplemental
oxygen, or pressure ulcer treatments were administered to the resident, for three days.
On [DATE] at 12:36 PM, LPN B recalled on [DATE] from 9:55 AM to 10:00 AM, nurses were unable to easily
determine resident #1's code status because it was not included in her physician's orders in the medical
record. She explained she was not able to locate a Do Not Resuscitate Order (DNRO), and nurses
determined without one, the resident was a Full Code. She stated she had not expected difficulty with
finding the resident's code status because it was usually located on their profile however resident #1's
record did not show one. Review of the Order Summary Report revealed there were no physician's orders
for resident #11's code status. The Comprehensive Care Plan did not include a focus for advanced
directives nor Code Status.
On [DATE] at 4:16 PM, the Director of Nursing (DON) said she expected nurses to enter and fully process
admission orders and complete resident assessments. She said when medications were not processed
properly, the pharmacy would not be alerted to send the medications. She explained after resident #1 died
on [DATE], she reviewed the medical record and found the admission orders had not been fully completed,
and the resident had not received any medications for three days. She said Law Enforcement responded to
the 911 call and investigated the resident's death. She explained the facility began their investigation the
same day and concluded that nurses who took care of the resident had not understood the process to
ensure the medication orders were fully completed.
On [DATE] at 11:10 AM, the [NAME] President of Clinical Services said they determined resident #1's
incident was, more of a nursing issue with compliance for poor nursing care.
On [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) explained on [DATE], the facility
investigated resident #1's death in the facility and determined licensed nurses had not provided care and
services. He explained regulatory non-compliance was reviewed with their Quality Assurance Performance
Improvement (QAPI) program. He noted the last Ad-Hoc QAPI meeting was held on [DATE] when a nursing
concern was addressed. He said the facility determined no willful intent occurred and the incident did not
meet criteria for an adverse report of possible neglect.
Review of the facility's Policies and Procedures titled Abuse, Neglect, Exploitation, Mistreatment,
Misappropriation of Property and Injury of Unknown Source Prevention (ANEMMI) revised on [DATE]
revealed Neglect was defined as, the failure of the facility, its employees or service providers to provide
goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish or
emotional distress., and read, . VII. Reporting/Response: . the facility will 1. Ensure that all alleged violations
involving . neglect, . are reported immediately, but not later than 2 hours after the allegation is made, if the
events that cause the allegation involve abuse or serious bodily injury, or not later than 24 hours if the
events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the
administrator of the facility and to other officials (including the State Survey Agency and adult protective
services where state law provides for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 11 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0609
Level of Harm - Minimal harm
or potential for actual harm
jurisdiction in long-term care facilities) in accordance with State law through established procedures. 4.
Report the results of all investigations to the administrator or his or her designated representative and to
other officials in accordance with State law, including the State Survey Agency, within 5 working days of the
incident, and if the alleged violation is verified appropriate corrective action must be taken.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 12 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0610
Respond appropriately to all alleged violations.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to thoroughly investigate and identify possible neglect for 1 of
6 residents reviewed for Administration, of a total sample of 6 residents, (#1).
Residents Affected - Few
Findings:
Review of resident #1's Minimum Data Set (MDS) Death in facility tracking record with an Assessment
Reference Date (ARD) of [DATE] showed resident #1 died at the facility on [DATE].
The MDS 5-day assessment with ARD of [DATE] revealed no assessment was completed for cognitive
patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility and to
complete her Activities of Daily Living (ADLs). She had newly added active diagnoses of epilepsy and
respiratory failure, required a feeding tube to receive nutrition and hydration, and had 2 unstageable
pressure ulcers. The assessment noted the resident did not receive anticoagulant or antibiotic medications,
had no identified clinically significant medication issues, and she did not receive supplemental oxygen while
a resident during the look back period.
The Comprehensive Care Plan included focuses for the risk of infection complications with interventions for
staff to administer antibiotics and treatments, and notifications to the physician of significant changes or
shortness of breath. Other interventions instructed staff to administer medications including oxygen and
treatments per doctor's orders, and to monitor oxygen saturations, and assess lung sounds.
Review of a Nursing Progress Note dated [DATE] at 12:47 PM, by LPN B read, Vitals were taken by nurse
at 0830 (8:30 AM). Vitals were WNL (Within Normal Limits). No c/o (complaints of) pain, pt. (patient) was
alert. The therapy dept. (department) notified me at approx. (approximately) 0955 (9:55 AM). I went in to
room with unit manager to evaluate pt. Patient was not breathing and had no pulse. Code status was full
code, verified by 2 nurses. CPR was initiated per facility policy at approx. 1000 (10:00 AM). 911 was called
at 1000 and arrived at approx. 1010 (10:10 AM). 911 team pronounced pt. deceased at 1015 (10:15 AM).
MD (Medical Doctor) was notified at 1020 (10:20 AM). Son and husband both notified at 1025 (10:25 AM).
(Name) funeral home notified per family request at 1025.
Review of the hospital's Physician Discharge Orders and Instructions dated [DATE] noted Physician
Medication Instructions included Jevity 1.5 1000 ML (milliliters) for nutrition at 40 ML per hour continuous
tube feeding, Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6 hours as needed,
and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next dose: Morning:
[DATE] for Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once daily,
Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement) once
daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, had 2 pressure wounds, required continuous supplemental oxygen flow rate of 2 liters
per minute, and she had heart failure.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 13 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Review of the [DATE] Medication Administration Record (MAR) showed nurses signed that resident #1's
enteral nutrition was administered from [DATE] to [DATE]. The Treatment Administration Record (TAR)
noted orders for feeding tube care and monitoring. Neither record included orders for supplemental oxygen
and/or monitoring, or pressure ulcer treatments. Both records indicated no medications, supplemental
oxygen, or pressure ulcer treatments were administered to the resident, for three days, from the time of
admission until her death.
On [DATE] at 3:11 PM, during a telephone interview, LPN F recalled on [DATE], she worked the 11:00 PM
to 7:00 AM shift. She explained that during her shift she clarified an enteral feed substitution for resident #1
with the on call Advance Practice Registered Nurse (APRN) by telephone, and then confirmed the
resident's feeding tube orders in the medical record so it could be administered. She said the Medication
Administration Record (MAR) showed the resident's medication orders were pending confirmation status
and she could not administer them. She explained on [DATE] at approximately 7:00 AM, during the next
shift transition, she informed the Weekend Supervisor there were 5 admissions the previous evening with
incomplete orders that needed to be reviewed and confirmed. She stated she was concerned because
resident #1's medications needed to be administered. She remembered the Weekend Supervisor replied
that it was being handled, so she assumed the issues were addressed.
On [DATE] at 2:46 PM, during a telephone interview, LPN E said nurses were expected to process
admission orders for residents they were assigned. He explained occasionally, nurses were required to take
over and complete the orders or assessments if the previous nurse was unable to get them done on their
shift. He recalled, on [DATE], he worked the 11:00 PM to 7:00 AM shift and recalled there were five
residents admitted or readmitted during the 3:00 PM to 11:00 PM shift. He stated that he and another nurse
assisted and entered incomplete admission orders from the previous shift. He said all admission medication
orders required a confirmation step, so they were submitted and processed by the pharmacy. He explained,
on [DATE] he gave report to the oncoming 7:00 AM to 3:00 PM nurse that there were pending medication
orders. He stated, the same morning, those nurses were supposed to review and confirm the medication
orders so the pharmacy would deliver them. He could not recall who the oncoming nurse was, or if he had
reported the issues to the Weekend Supervisor.
On [DATE] at 3:30 PM, LPN G recalled on Saturday [DATE], the day after resident #1 was admitted , she
was assigned to care for the resident on the 3:00 PM to 11:00 PM shift. She explained the resident's
medication orders were still pending status. She said she informed the Weekend Supervisor who replied to
that she was still working on them which indicated she was taking care of them. She stated she had not
administered resident #1's medications during her shift because they were still not scheduled on the MAR
by the end of her shift, over 24 hours after the resident returned to the facility.
During a telephone interview on [DATE] at 8:48 AM, the Weekend Supervisor said admission orders were
expected to be entered and fully processed by the assigned nurse by the end of the shift after the resident
arrived on the unit. She explained that if a nurse's workload prevented them from completing orders or
assessments, the Unit Manager or Supervisor assisted in completing the order process as, it's a priority.
She said on weekends, it was her job to complete any incomplete assessments and sometimes she
assisted with wound care treatments. She recalled on Saturday, [DATE] and Sunday, [DATE] she worked
double shifts from 7:00 AM to 11:00 PM and did not recall any nurse that asked for her assistance or
reported any pending admission orders.
In a telephone interview on [DATE] at 1:22 PM, Speech and Language Pathologist (SLP) K recalled she
observed resident #1 on [DATE] at approximately 9:55 AM, and described her color was, ashen gray. She
explained she was concerned the resident was deceased , so she tried to lift her right arm to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 14 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
check for a pulse and it was stiff. She said she touched the resident's forehead and chest, and the resident
was, ice cold.
In an interview on [DATE] at 1:39 PM, Physical Therapist (PT) L recalled on [DATE] at 9:55 AM, she
observed resident #1 lying in bed and she was startled because the resident, looked like she had been
dead for a while. She said she remembered the time because she looked at the clock, and when SLP K
assessed the resident she heard her say she was, ice cold.
On [DATE] at 1:45 PM, the MDS Coordinator recalled on [DATE], she assisted and performed
Cardiopulmonary Resuscitation (CPR) on resident #1 and her skin was cold. She said she had not
completed an incident report, and no one asked her to complete a statement.
On [DATE] at 12:36 PM, LPN B recalled on [DATE] from 9:55 AM to 10:00 AM, nurses were unable to easily
determine resident #1's code status because it was not included in her physician's orders in the medical
record. She explained she was not able to locate a Do Not Resuscitate Order (DNRO), and nurses
determined without one, the resident was a Full Code. She stated she had not expected difficulty with
finding the resident's code status because it was usually located on their profile however resident #1's
record did not show one.
Review of the Order Summary Report revealed there were no physician's orders for resident #1's code
status. The Comprehensive Care Plan did not include a focus for advanced directives nor Code Status.
The (City) Fire Department Patient Care Report documented Emergency Medical Services (EMS)
personnel responded to a 911 call received from the facility on [DATE] at 10:01 AM. They arrived at resident
#1's bedside at 10:08 AM where they assessed her. The report read, Patient Dead at Scene-No
Resuscitation Attempted (Without Transport) . skin cold . arrived on scene, Pt (patient) contact made, Adult
ALS (Advanced Life Support) medical assessment completed, Rigor noted to the pts (patient's) jaw.
On [DATE] at 9:30 AM, the Director of Nursing (DON) said she obtained statements from the nurses who
had the resident on their assignment throughout the weekend of [DATE]. She explained their reports
conflicted with each other. She recalled her conversation with the Weekend Supervisor revealed the
supervisor was not aware her responsibilities included chart checks and verifications to ensure orders,
assessments, and nursing processes were fully completed. The DON conveyed she was very concerned
that for 3 days, the nurses including the Weekend Supervisor had not intervened to ensure resident #1's
physician's orders for immediate care were fully processed and implemented.
In an interview on [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) said he was also the Risk
Manager. He explained the facility initiated an investigation of resident #1's death on [DATE] and all staff
involved completed statements. He provided the incident investigation file for a joint record review and
stated all statements were in the file.
On [DATE] at 11:14 AM, the DON stated resident #1's incident investigation file contained all staff
statements that were collected. She re-checked the file and confirmed both LPN B and the MDS
Coordinator responded, were present, and participated in resident #1's CPR event and they had not
provided a statement/incident report for the investigative review. She acknowledged the file contained 4
statements from nurses that were not dated or signed and the report did not include statements from SLP
K nor PT L. At 1:26 PM, the DON explained she reviewed staff statements concerning resident #1's CPR
event and said there were additional statements from therapy staff. She stated, nothing stands out.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 15 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
On [DATE] at 4:16 PM, the DON said she expected nurses to enter and fully process admission orders. She
said when medications weren't entered and confirmed through the process, the pharmacy wasn't alerted to
send the medications. She explained after resident #1 died on [DATE], she reviewed the medical record and
found the admission orders had not been fully processed, and for three days the resident had not received
physician ordered medications. She said Law Enforcement responded and investigated the resident's
death. She explained the facility began their investigation the same day and concluded that nurses who
took care of the resident had not understood the process to ensure physician's orders were fully completed.
On [DATE] at 11:10 AM, the [NAME] President of Clinical Services said they determined resident #1's
incident was, more of a nursing issue with compliance for poor nursing care.
On [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) explained on [DATE], the facility
investigated resident #1's death in the facility and determined licensed nurses had not provided care and
services. He explained regulatory non-compliance was reviewed with their Quality Assurance Performance
Improvement members. He said the facility determined no willful intent occurred and the incident did not
meet criteria for an adverse report of possible neglect.
Review of the facility's Policies and Procedures titled Abuse, Neglect, Exploitation, Mistreatment,
Misappropriation of Property and Injury of Unknown Source Prevention (ANEMMI) revised on [DATE]
revealed Neglect was defined as, the failure of the facility, its employees or service providers to provide
goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish or
emotional distress., and read, . IV. Identification: . Identify events, . occurrences, patterns, and trends .
determine the direction of the investigation. Investigate different types of incidents . VII
Reporting/Response: . In response to allegations of abuse, neglect, exploitation or mistreatment, the facility
will . 2. Have evidence that all alleged violations are thoroughly investigated.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 16 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Provide doctor's orders for the resident's immediate care at the time the resident was admitted.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure physician orders for immediate care
were fully processed and implemented to ensure provision of necessary care and services for 2 of 6
residents reviewed for Quality of Care and Treatment of a total sample of 6 residents, (#1, #6).
Residents Affected - Few
On [DATE], resident #1 was readmitted back to the facility from the hospital. The facility had transferred the
resident to the hospital on [DATE] where she was diagnosed with severe health care associated pneumonia
and sepsis, a serious blood infection with a high risk for total organ failure and death, (retrieved from
www.mayoclinic.org on [DATE]). While hospitalized for the next two weeks, she required intensive care and
a machine to breathe. She returned to the facility at approximately 9:00 PM on Friday, [DATE] with doctor's
orders to continue her medications and supplemental oxygen to keep her health conditions stable. The
facility's licensed nurses did not implement the physician's orders for immediate care that included critical
medications and oxygen, and did not adequately monitor the resident's recent respiratory failure to prevent
complications, worsening of condition and to mitigate the risk of serious injury/impairment/death. Three
days later, on Monday, [DATE] at 9:55 AM, the resident was found unresponsive and without respirations or
pulse. Nurses were unable to readily locate the resident's code status from the medical record, and at
10:00 AM, they initiated Cardiopulmonary Resuscitation (CPR) and notified 911. Emergency Medical
Services (EMS) arrived at the resident's bedside at 10:08 AM and discontinued CPR. The resident was
pronounced dead at 10:12 AM.
The facility's failure to ensure the correct procedure was followed to implement physician orders for
immediate care and failure to provide critical life sustaining medications including oxygen, contributed to the
destabilization of resident #1's acute and chronic medical conditions and placed all residents at risk for
major complications from worsening and unstable health conditions and serious injury/impairment/death.
This failure resulted in Immediate Jeopardy which began on [DATE] and was removed on [DATE].
Findings:
Cross reference F600 and F726.
1. Review of the medical record revealed resident #1, a [AGE] year-old female, was admitted to the facility
from the hospital on [DATE] with diagnoses of intracranial (brain) hemorrhage (bleeding) and hematoma
(blood pooling), encephalopathy (brain dysfunction), meningioma (tumor of membranes surrounding the
brain), dysphagia (difficulty swallowing), gastrostomy status (feeding tube), hypertension (high blood
pressure), deep tissue injury, malnutrition, and dementia.
She was re-hospitalized on [DATE] and re-admitted on [DATE] with newly acquired diagnoses that included
acute hypoxic (low blood oxygen) respiratory failure with a history of mechanical ventilation (breathing
machine) dependence, health care associated pneumonia, heart failure, pressure ulcer, and epilepsy.
Review of the Minimum Data Set (MDS) Death in facility tracking record with Assessment Reference Date
(ARD) of [DATE] showed resident #1 died at the facility on [DATE].
The MDS 5-day assessment with ARD of [DATE] revealed there was no assessment completed for
cognitive patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility
and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 17 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
to complete her Activities of Daily Living (ADLs). The assessment noted she required an indwelling urinary
catheter for bladder functions, was frequently incontinent of bowel functions, had newly added active
diagnoses of epilepsy and respiratory failure, required a feeding tube to receive nutrition and hydration, had
2 unstageable pressure ulcers, did not receive anticoagulant or antibiotic medications, had no identified
clinically significant medication issues, and she did not receive supplemental oxygen while a resident
during the look back period.
Residents Affected - Few
The MDS 5-day assessment with ARD of [DATE] showed resident #1 scored 0 out of 15 on the Brief
Interview for Mental Status (BIMS) that indicated severe cognitive impairment. The assessment noted she
had not shown any behavioral symptoms, and had 1 stage 3 pressure ulcer during the look back period.
Review of the hospital's Physician Discharge Orders and Instructions dated [DATE] noted Physician
Medication Instructions included Jevity 1.5 1000 ML (milliliters) for nutrition at 40 ML per hour continuous
tube feeding, Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6 hours as needed,
and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next dose: Morning:
[DATE] for Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once daily,
Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement) once
daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, had 2 pressure wounds, required continuous oxygen with flow rate at 2 liters per
minute, and she had heart failure due to an abnormal LVEF (left ventricle ejection fraction) (percentage of
blood pumped out from the heart to the body) of 35-40%.
The Order Summary Report noted there were active physician's orders dated [DATE] for tube feeding
monitoring and care with enteral nutrition, and Docusate Sodium 100 milligrams (MG) as needed every 12
hours for constipation. The report showed additional medication orders dated [DATE] that read, Pending
confirmation for Famotidine 20 MG once daily for gastroesophageal reflux disease (GERD), Memantine
HCI 10 MG once daily for dementia, Polyethylene Glycol 17 grams (GM) as needed for constipation,
Latanoprost 0.005% eye drops once daily for glaucoma, Montelukast Sodium 10 MG three times daily for
asthma, Metolazone 10 MG once daily for high blood pressure, Midodrine HCI 10 MG three times daily for
orthostatic hypotension (low blood pressure after sitting or standing), Valproic Acid 500 MG once daily and
750 MG at bedtime for seizures, and Heparin 5000 Units by injection once daily for blood clot prevention.
The Comprehensive Care Plan included focus for risk of infection complications with interventions for staff
to administer antibiotics and treatments, and notifications to the physician of significant changes or
shortness of breath. A care plan for neurological concern/condition included intervention for staff to
administer medications per doctor's orders. A respiratory condition/concern care plan showed interventions
for staff to administer oxygen and treatments per doctor's orders, monitor oxygen saturations, and assess
lung sounds.
During an interview on [DATE] at 10:15 AM, Licensed Practical Nurse (LPN) C said nurses were
responsible for entering and processing all physician's orders when residents were newly admitted or
readmitted to the facility from the hospital. She added that nurses had to ensure all medication orders
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 18 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
were entered into the electronic system by the end of the shift so the pharmacy could timely dispense and
deliver them. She stated the pharmacy delivered medications to the facility two times per day, and nurses
could access the facility's automated medication dispensary that contained most antibiotics and some other
emergent medications She explained that if problems arose with medication deliveries or access, nurses
were expected to notify the physician by the end of their shift.
On [DATE] at 2:46 PM, during a telephone interview, LPN E said nurses were expected to process
admission orders for residents they were assigned. He explained occasionally, nurses were required to take
over and complete the orders or assessments if the previous nurse was unable to get them done on their
shift. He recalled, on [DATE], he worked the 11:00 PM to 7:00 AM shift and recalled there were five
residents admitted or readmitted during the 3:00 PM to 11:00 PM shift. He stated that he and another nurse
assisted and entered incomplete admission orders from the previous shift. He said all admission medication
orders required a confirmation step, so they were submitted and processed by the pharmacy. He explained,
on [DATE] he gave report to the oncoming 7:00 AM to 3:00 PM nurse that there were pending medication
orders. He stated, the same morning, those nurses were supposed to review and confirm the medication
orders so the pharmacy would deliver them. He could not recall who the oncoming nurse was, or if he had
reported the issues to the Weekend Supervisor.
On [DATE] at 3:11 PM, during a telephone interview, LPN F recalled on [DATE], she worked the 11:00 PM
to 7:00 AM shift. She explained that during her shift she clarified an enteral feed substitution for resident #1
with the on call Advance Practice Registered Nurse (APRN) by telephone, and then confirmed the
resident's feeding tube orders in the medical record so it could be administered. She said the Medication
Administration Record (MAR) showed the resident's medication orders were pending confirmation status
and she could not administer them. She explained on [DATE] at approximately 7:00 AM, during the next
shift transition, she informed the Weekend Supervisor there were 5 admissions the previous evening with
incomplete orders that needed to be reviewed and confirmed. She stated she was concerned because
resident #1's medications needed to be administered. She remembered the Weekend Supervisor replied
that it was being handled, so she assumed the issues were addressed.
A Nursing Progress Note completed by LPN F on [DATE] at 3:52 AM, read, medications were entered by
previous shift nurse and this writer spoke with on call NP (Nurse Practitioner) (name) who completed
medication reconciliation. Pt. (patient) has an order for Jevity 1.5. Call made to on call to request an order
for house stock parenteral feeding. Currently awaiting call back with new orders.
On [DATE] at 4:06 PM and 4:21 PM, and on [DATE] 11:34 AM, unsuccessful attempts were made to
contact the On Call Advanced Practice Registered Nurse (APRN) by telephone.
During a telephone interview on [DATE] at 8:48 AM, the Weekend Supervisor said admission orders were
expected to be entered and fully processed by the assigned nurse by the end of the shift after the resident
arrived on the unit. She explained that if a nurse's workload prevented them from completing orders or
assessments, the Unit Manager or Supervisor assisted in completing the order process as, it's a priority.
She said on weekends, it was her job to complete any incomplete assessments and sometimes she
assisted with wound care treatments. She recalled on Saturday, [DATE] and Sunday, [DATE] she worked
double shifts from 7:00 AM to 11:00 PM and did not recall any nurse that asked for her assistance or
reported any pending admission orders.
On [DATE] at 3:30 PM, LPN G recalled on Saturday [DATE], the day after resident #1 was admitted , she
was assigned to care for the resident on the 3:00 PM to 11:00 PM shift. She explained the resident's
medication orders were still pending status. She said she informed the Weekend Supervisor who
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 19 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
replied to that she was still working on them which indicated she was taking care of them. She stated she
had not administered resident #1's medications during her shift because they were still not scheduled on
the MAR by the end of her shift, over 24 hours after the resident returned to the facility.
Review of the resident #1's [DATE] MAR showed nurses signed for enteral nutrition administered from
[DATE] to [DATE]. The Treatment Administration Record (TAR) noted orders for feeding tube care and
monitoring. Neither the MAR nor TAR included orders for oxygen and/or monitoring, or pressure ulcer
treatments. Both records indicated no medications, supplemental oxygen, or pressure ulcer treatments
were administered to the resident, for three days.
On [DATE] at 4:16 PM, the Director of Nursing (DON) said she expected nurses to enter and fully process
admission orders and complete resident assessments. She said when medications weren't entered and
confirmed as per their process, the pharmacy was not alerted to send the medications. She explained after
resident #1 died on [DATE], she reviewed the medical record and found the admission orders had not been
completed, and the resident had not received any medications after she returned to the facility on [DATE].
She said she investigated and concluded that nurses who took care of the resident had not understood the
process to ensure the orders were completed.
Review of the admission Evaluation completed and signed by the Weekend Supervisor on [DATE] showed
resident #1's most recent vital signs were obtained on [DATE] at 9:19 PM, when the resident's heart rate
was 108 beats per minute, her respirations were 20 breaths per minute, and her oxygen saturation was
measured at 96% on room air. The neurological assessment noted the resident had a neurological
condition that required medications. The Skin assessment showed there were two pressure ulcers to be
treated per physician's orders. The Respiratory/pulmonary status documented the resident had dyspnea
(shortness of breath), Emphysema/COPD, Respiratory failure, diminished lung sounds, required oxygen
support, monitoring of lung sounds, oxygen saturation levels, and physician notification of changes, issues,
or concerns. The Infections/Cancer/IV assessment section documented the resident had upper and
respiratory infections with pneumonia and wound/pressure ulcers, was at risk for complications of infection,
required antibiotics, treatments or therapies as ordered, and physician notification for vital sign changes or
shortness of breath. The report read, 5. Date and time physician was notified, and orders were confirmed:
[DATE] 6. Date and time pharmacy was sent physician orders: [DATE] . Reconciliation . Medications were
reviewed and reconciled with the attending Physician . The Smoking Assessment completed by the
Weekend Supervisor on [DATE] read, . Does the resident use Oxygen? . , with a response, No.
The medical record revealed after [DATE] at 9:19 PM when the resident returned from the hospital and over
the next 59 hours, two vital signs assessments were done. On [DATE] at 9:53 PM, the blood oxygen
saturation read 96% without supplemental oxygen, and on [DATE] at 8:24 AM, for a respiratory rate of 20
breaths per minute and a blood oxygen saturation reading of 96% with oxygen (unknown flow rate)
administered via nasal cannula. The medical record did not include any additional assessments to monitor
resident #1's respiratory status.
Review of a Nursing Progress Note dated [DATE] at 12:47 PM, by LPN B read, Vitals were taken by nurse
at 0830 (8:30 AM). Vitals were WNL (Within Normal Limits). No c/o (complaints of) pain, pt. (patient) was
alert. The therapy dept. (department) notified me at approx. (approximately) 0955 (9:55 AM). I went in to
room with unit manager to evaluate pt. Patient was not breathing and had no pulse. Code status was full
code, verified by 2 nurses. CPR was initiated per facility policy at approx. 1000 (10:00 AM). 911 was called
at 1000 and arrived at approx. 1010 (10:10 AM). 911 team pronounced pt.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 20 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
deceased at 1015 (10:15 AM). MD (Medical Doctor) was notified at 1020 (10:20 AM). Son and husband
both notified at 1025 (10:25 AM). (Name) funeral home notified per family request at 1025.
On [DATE] at 9:30 AM, the DON stated she expected the Weekend Supervisor to ensure all nursing
processes were fully completed for new admissions which included a chart check and audit form. She
explained nurses were to complete a head to toe physical assessment of a newly admitted resident within
one hour of their arrival, which included making sure any ordered oxygen was supplied, administered, and
monitored at least every shift per standard protocols. She said she obtained statements from the nurses
who were assigned to resident #1 on the weekend of [DATE], and their accounted reports conflicted with
each other. She recalled her conversation with the Weekend Supervisor revealed she was not aware that
her responsibilities included chart checks and to ensure orders, assessments, and nursing processes were
completed. The DON conveyed she was very concerned the nurses including the Weekend Supervisor had
not intervened and ensured resident #1's physician's orders for immediate care were fully processed and
implemented. She acknowledged several nurses had not recognized the clinical impact and risk for resident
#1's worsening health conditions, nor acted on discrepancies and contacted the physician. She said the
resident should have received her medications, and nurses should have followed the process and
monitored her for changes in condition or symptoms of complications because, she could have become
septic.
During a telephone interview on [DATE] at 10:08 AM, resident #1's son recalled on [DATE], he traveled from
out of state to visit his mother and he thought she was still in the hospital. He explained he was upset no
one from the facility called him to let him know she had returned to the facility on [DATE]. He said on [DATE]
when he saw his mother, she did not have oxygen on. He recalled on [DATE] at about 10:30 AM, he had
just returned home when the facility called him and informed him his mother died and they told him, We did
all we could do.
The (City) Fire Department Patient Care Report documented EMS personnel responded to a 911 call
received from the facility on [DATE] at 10:01 AM and arrived at resident #1's bedside at 10:08 AM where
they assessed her. The report read, Patient Dead at Scene-No Resuscitation Attempted (Without Transport)
. skin cold . arrived on scene, Pt (patient) contact made, Adult ALS (Advanced Life Support) medical
assessment completed, Rigor noted to the pts (patient's) jaw.
On [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) explained on [DATE], the facility
investigated resident #1's death in the facility. He acknowledged the resident did not receive care and
services including critical medications by the nurses.
During a telephone interview with the Medical Director on [DATE] at 12:45 PM, he said he was unaware
that resident #1 had not received any medications for 3 days after she was admitted from the hospital and
died. He recalled in the evening after he left the faciity on [DATE], the facility contacted him by phone and
informed him that a technical issue caused missed medication administrations for a newly admitted
resident. He stated the facility assured him they implemented a training plan, and he told them they needed
to make sure it had not happened to any other resident. He said he was very concerned and expected to be
contacted promptly for significant identified concerns, especially clinical ones. He explained there were
processes in place and omissions of physician's admission orders was, a very scary thought, and stated,
that's a big problem.
2. Review of the medical record revealed resident #6, a [AGE] year-old male, was admitted to the facility on
[DATE] and readmitted from the hospital on [DATE] with diagnoses of cellulitis (tissue infection) of the left
lower limb, chronic left foot ulcers (wounds), pressure ulcers to the right hip
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 21 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
and coccyx (tailbone), Human Immunodeficiency Virus (chronic viral blood infection), Syphilis (chronic
infection), chronic embolism and thrombosis (blood clot), thyroid disorder, depression, and cognitive
impairment. On [DATE], a newly acquired diagnosis of osteomyelitis (bone infection) was added.
Review of the MDS admission assessment with ARD of [DATE] noted the resident scored 13 out of 15 on
the BIMS that indicated he was cognitively intact. The assessment noted he had not shown any behaviors
or rejections of evaluation or care. The assessment showed he required moderate assistance from staff to
complete ADL's, he did not walk, was dependent on staff assistance for mobility, transfers in and out of bed,
and used a wheelchair. He was always incontinent of bladder and bowel functions, and had frequent pain
that interfered with his day to day activities. He had one stage 3, one stage 4, and 2 unstageable pressure
ulcers, intravenous (IV) central line access, and he received antidepressant, anticoagulant, antibiotic, and
opioid medications with identified potentially clinically significant medication issues during the look back
period.
The Comprehensive Care Plan included focus for ADL care with staff assistance, fall risks, cellulitis
infection with an intervention to administer physician ordered medications, four pressure ulcers with
interventions that nurses monitored for complications and provided ordered treatments, a metabolic
condition that required medication, risk for infection complications with an intervention that ordered
antibiotic medications would be administered, malnutrition due to infection, risk of intravenous access
complications with interventions that site care and infusions were provided and monitored by nurses for
patency and complications
The hospital's Physician Discharge Orders and Instruction noted Medication Instructions included Tylenol
650 MG as needed for pain, medications with the next dose administration due on [DATE] for Atorvastatin
(cholesterol lowering) 20 MG once daily at bedtime, Losartan (for high blood pressure) 50 MG twice daily,
Atenolol (blood pressure) 50 MG twice daily, Heparin (blood thinner) 5000 units by injection every 12 hours,
the next dose administration on [DATE] for Levothyroxine (thyroid stabilizing) 25 micrograms (MCG) once
daily, Sertraline (antidepressant) 50 MG once daily, Levaquin (antibiotic) 750 MG once daily, Bactrim
(antibiotic) 800-160 MG once daily, and Ertapenem (antibiotic) 1 gram (GM) IV infusion once daily.
Additional Physician Instructions were noted and indicated the resident required aggressive wound care
with IV and oral antibiotic medications per the Infectious Disease physician, and the resident had an IV
access catheter in place that required continued monitoring and care.
The Order Summary report showed on [DATE], physician's medication orders were entered that included
Tylenol 325 MG every 6 hours as needed for pain, Atorvastatin 20 MG at bedtime for high cholesterol,
Levothyroxine 25 MCG once daily for thyroid, Sertraline 50 MG once daily for depression, Losartan 50 MG
twice daily for blood pressure, Atenolol 50 MG twice daily for blood pressure, Bactrim 800-160 MG once
daily for chronic infection, Levaquin 750 MG once daily for wound infection, Heparin 5000 units injected
once daily for blood thinner, and Ertapenem Sodium IV infusion 1 GM once daily for wound infection until
[DATE]. The report showed physician's orders for nurses' care and monitoring of resident #6's right basilic
vein IV access catheter was ordered [DATE], three days after he returned from the hospital. Orders for care
and treatment of one stage 4, one stage 3, and two unstageable pressure ulcers that were present when
the resident returned to the facility on [DATE] were not entered until [DATE], four days after he returned
from the hospital.
Review of the [DATE] MAR showed from [DATE] to [DATE], the resident missed seven out of nine Heparin
doses, two out of four doses of Sertraline, Atenolol, Losartan, Bactrim, and Levaquin, and four out of four
doses of Ertapenem IV infusions. The report noted the resident's IV catheter access care
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 22 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
Level of Harm - Immediate
jeopardy to resident health or
safety
and monitoring orders started on [DATE] that indicated nurses had not monitored and maintained the IV for
three days.
A Wound Care APRN progress note dated [DATE] documented the resident was assessed and treated for
pressure ulcers that were present when he was admitted located on his coccyx, right hip, and two ulcers on
his left foot.
Residents Affected - Few
Review of the [DATE] TAR showed pressure ulcer wound care and treatments had not started until [DATE],
four days after the resident returned from the hospital.
On [DATE] at 2:15 PM, resident #6 was observed in his room lying in bed covered by a blanket with his
eyes closed. Inactive IV equipment was positioned at noted to the left side of his bed.
The (Pharmacy provider) Proof of Delivery Shipment Summary showed on [DATE] at 5:24 PM, the facility
received medications for resident #6 that included Losartan, Bactrim, and Levaquin. The Shipment
Summary dated [DATE] at 7:06 AM, showed the facility received the residents Heparin injectable
medication. The Shipment Summary dated [DATE] at 5:51 PM indicated the facility received the residents
IV Ertapenem medication and administration supplies, four days after the resident returned to the facility
from the hospital.
Review of the facility's automated dispensary machine showed a history report that noted one dose of oral
Bactrim was removed on [DATE] for resident #6. The inventory reports showed the dispensary contained
the IV medication Ertapenem, that resident #6 should have received, however it had not been dispensed.
On [DATE] at 1:03 PM, during a telephone interview, the pharmacy provider's Pharmacy Technician
checked their records and said they received orders for resident #6's IV medication on [DATE]. She said
their IV face sheet record indicated the pharmacy made more than 5 attempts to contact the facility for
further information required to dispense the medication, but the facility had not responded.
On [DATE] at 11:45 AM, the DON said the pharmacy usually filled medication orders within hours and
delivered twice daily. She said nurses were expected to notify the physician if medication doses were not
administered for any reason and that included pharmacy delivery problems.
On [DATE] at 2:45 PM, LPN B recalled she worked the 7:00 AM to 3:00 PM shift on Monday [DATE], and
her assignment included resident #6. She said the resident's IV antibiotic medication had not arrived from
the pharmacy and she was not able to administer it. She explained it was possible the pharmacy required
lab results. She noted the pharmacy often had additional information requirements before they dispensed
IV antibiotics for example, height, weight, and/or laboratory results. She said she reported the IV medication
was not administered to the oncoming nurse. She did not explain why she did not contact the physician to
report the omissions.
On [DATE] at 2:59 PM, the DON acknowledged pharmacy shipment summaries showed resident #6's
Heparin was not delivered until [DATE], and the IV Ertapenem was not delivered until [DATE]. She
acknowledged the hospital discharge medication orders indicated Heparin was due [DATE], and the oral
and IV antibiotics were due [DATE]. She checked the resident's MAR and confirmed there were multiple
missed doses of medications. She could not explain why so many nurses failed to act on the discrepancies
nor contact the doctor and stated she needed to look into the matter further. She explained the facility's
automated dispensary was used for pharmacy delays, and it contained most antibiotics including
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 23 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
IV Ertapenem, but the facility did not keep the required equipment on hand to infuse the IV antibiotic.
Level of Harm - Immediate
jeopardy to resident health or
safety
Review of a Nursing Progress Note dated [DATE] at 9:06 AM, read, resident #6, (called) 911 himself,
stating he must go to the hospital due to the unbearable pain in legs and feet. Rating at 10/10 (10 out of
10), because the Tylenol 2 Tab 650 mg administered was not effective. 911 responded and called for
(transportation provider) to transport. Patient went out via (transportation provider) for further evaluation
and treatment. Additional Progress Notes showed on the same day at 3:15 PM, the resident had returned
from the emergency room, and narcotic pain reliever medication was added to his treatment.
Residents Affected - Few
On [DATE] at 4:33 PM, the DON explained she contacted the pharmacy provider and learned on [DATE],
LPN J responded to a fax request from the pharmacy for resident #6's lab results. She said that was the
reason for the pharmacy's delay and when the lab results were received, the IV medication was dispensed
and delivered on [DATE]. She could not explain why the resident's other medications were delayed.
In an interview on [DATE] at 11:41 AM, the Infectious Disease APRN explained he expected a prompt
continuance of any antibiotics ordered with hospital discharges, and those from an Infectious Disease
physician were considered more critical. He said he treated resident #6 at the facility and he was familiar
with him. He was not aware the resident had missed multiple doses of antibiotics, especially IV infusions.
He indicated the missed doses could have led to worsening of his infection and sepsis. He relayed he was
concerned as nurses had not contacted him about the omissions and stated he would have likely extended
the stop date to ensure the resident received the entire treatment course.
Review of the Order Summary Report showed on [DATE], physician's medication orders for the antibiotic
medication Ertapenem 1 GM by IV infusion once daily were revised to treat a newly added diagnosis of
osteomyelitis and the treatment course required 18 additional doses.
During a telephone interview on [DATE] at 12:45 PM, the Medical Director conveyed he was unaware and
even more concerned that additionally, resident #6 missed multiple medications including four days of IV
antibiotic infusions. He explained that antibiotics were especially important for continuance due to the risk
for developing sepsis. He stated there were processes in place for checks and balances and omissions of
admission orders and did not explain why they were not followed.
Review of the immediate actions implemented by the facility to remove the Immediate Jeopardy were
verified by the survey team and included the following:
*On [DATE], the facility reviewed all current residents' records to ensure no other residents were affected.
*On [DATE], the facility began daily reviews of admissions and readmission orders and had not found
additional unconfirmed orders that placed any additional residents at further risk for neglect.
*On [DATE], the facility educated 100% of their facility staff for identification of neglect, and the [NAME]
President of Operations provided re-education to the Nursing Home Administrator/Risk Manager on
identification of instances or situations of potential neglect.
*On [DATE], the facility filed an Immediate Federal report related to the allegation of neglect for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 24 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0635
resident #1 and initiated a full investigation.
Level of Harm - Immediate
jeopardy to resident health or
safety
Review of the in-service attendance sheets noted staff participated in education on the topics listed above.
Residents Affected - Few
From [DATE] to [DATE], interviews were conducted with 20 staff members who represented all shifts. All
staff, including 3 Personal Care Attendants (PCAs), 6 CNAs, 8 LPNs, 2 RNs, and a Physical Therapist
verbalized understanding of the education provided.
The resident sample was expanded to include 4 additional residents admitted on [DATE], and 1 additional
resident who died at the facility. Observations, interviews, and record review revealed no concerns related
to Neglect for residents #2, #3, #4, and #5.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 25 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way
that maximizes each resident's well being.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure licensed nurses were knowledgeable
and competent with skill sets to fully process physician orders for immediate care of a post hospitalized
resident with high risk health conditions for 2 of 6 vulnerable residents of a total sample of 6 residents, (#1,
#6).
On [DATE], resident #1 was readmitted back to the facility from the hospital. The facility had transferred the
resident to the hospital on [DATE] where she was diagnosed with severe health care associated pneumonia
and sepsis, a serious blood infection with a high risk for total organ failure and death, (retrieved from
www.mayoclinic.org on [DATE]). While hospitalized for the next two weeks, she required intensive care and
a machine to breathe. She returned to the facility at approximately 9:00 PM on Friday, [DATE] with doctor's
orders to continue her medications and supplemental oxygen to keep her health conditions stable. The
facility's licensed nurses did not implement the physician's orders for immediate care that included critical
medications and oxygen, and did not adequately monitor the resident's recent respiratory failure to prevent
complications, worsening of condition and to mitigate the risk of serious injury/impairment/death. Three
days later, on Monday, [DATE] at 9:55 AM, the resident was found unresponsive and without respirations or
pulse. Nurses were unable to readily locate the resident's code status from the medical record, and at
10:00 AM, they initiated Cardiopulmonary Resuscitation (CPR) and notified 911. Emergency Medical
Services (EMS) arrived at the resident's bedside at 10:08 AM and discontinued CPR. The resident was
pronounced dead at 10:12 AM.
The facility's failure to ensure nurses were competent to follow procedures, implement physician's orders for
immediate care, adequately monitor, and ensure the resident received critical life sustaining medications
including continuous oxygen contributed to the destabilization of resident #1's acute and chronic health
conditions and placed all residents at risk for major complications from worsening and unstable high risk
medical conditions and serious injury/impairment/death. This failure resulted in Immediate Jeopardy which
began on [DATE]. The Immediate Jeopardy was removed on [DATE].
Findings:
Cross reference F600 and F635.
Review of the medical record revealed resident #1, a [AGE] year-old female, was admitted to the facility
from the hospital on [DATE] with diagnoses of intracranial (brain) hemorrhage (bleeding) and hematoma
(blood pooling), encephalopathy (brain dysfunction), meningioma (tumor of membranes surrounding the
brain), dysphagia (difficulty swallowing), gastrostomy status (feeding tube), hypertension, deep tissue injury,
malnutrition, and dementia.
She was re-hospitalized on [DATE] and re-admitted on [DATE] with newly acquired diagnoses that included
acute hypoxic (low blood oxygen) respiratory failure, health care associated pneumonia, heart failure,
pressure ulcers, and epilepsy.
Review of the Minimum Data Set (MDS) Death in facility tracking record with an Assessment Reference
Date (ARD) of [DATE] showed resident #1 died at the facility on [DATE].
The MDS 5-day assessment with ARD of [DATE] revealed there was no assessment completed for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 26 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
cognitive patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility
and to complete her Activities of Daily Living (ADLs). The assessment noted she required an indwelling
urinary catheter for bladder functions, was frequently incontinent of bowel functions, had newly added
active diagnoses of epilepsy and respiratory failure, required a feeding tube to receive nutrition and
hydration, had 2 unstageable pressure ulcers, did not receive anticoagulant or antibiotic medications, had
no identified clinically significant medication issues, and she did not receive supplemental oxygen while a
resident during the look back period.
The MDS 5-day assessment with ARD of [DATE] showed resident #1 scored 0 out of 15 on the Brief
Interview for Mental Status (BIMS) that indicated severe cognitive impairment. The assessment noted she
had not shown any behavioral symptoms, and had 1 stage 3 pressure ulcer during the look back period.
Review of the hospital's Physician Discharge Orders and Instructions dated [DATE] noted Physician
Medication Instructions included Jevity 1.5 1000 ML (milliliters) for nutrition at 40 ML per hour continuous
tube feeding, Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6 hours as needed,
and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next dose: Morning:
[DATE] for Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once daily,
Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement) once
daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, had 2 pressure wounds, required continuous oxygen with flow rate at 2 liters per
minute, and she had heart failure due to an abnormal LVEF (left ventricle ejection fraction) (percentage of
blood pumped out from the heart to the body) of 35-40%.
The Order Summary Report noted there were active physician's orders dated [DATE] for tube feeding
monitoring and care with enteral nutrition, and Docusate Sodium 100 milligrams (MG) as needed every 12
hours for constipation. The report showed additional medication orders dated [DATE] that read, Pending
confirmation for Famotidine 20 MG once daily for gastroesophageal reflux disease (GERD), Memantine
HCI 10 MG once daily for dementia, Polyethylene Glycol 17 grams (GM) as needed for constipation,
Latanoprost 0.005% eye drops once daily for glaucoma, Montelukast Sodium 10 MG three times daily for
asthma, Metolazone 10 MG once daily for high blood pressure, Midodrine HCI 10 MG three times daily for
orthostatic hypotension (low blood pressure after sitting or standing), Valproic Acid 500 MG once daily and
750 MG at bedtime for seizures, and Heparin 5000 Units by injection once daily for blood clot prevention.
The Comprehensive Care Plan included focus for risk of infection complications with interventions for staff
to administer antibiotics and treatments, and notifications to the physician of significant changes or
shortness of breath. A care plan for neurological concern/condition included intervention for staff to
administer medications per doctor's orders. A respiratory condition/concern care plan showed interventions
for staff to administer oxygen and treatments per doctor's orders, monitor oxygen saturations, and assess
lung sounds.
During an interview on [DATE] at 10:15 AM, Licensed Practical Nurse (LPN) C said nurses were
responsible for entering and processing all physician's orders when residents were newly admitted or
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 27 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
readmitted to the facility from the hospital. She added that nurses had to ensure all medication orders were
entered into the electronic system by the end of the shift so the pharmacy could timely dispense and deliver
them. She stated the pharmacy delivered medications to the facility two times per day, and nurses could
access the facility's automated medication dispensary that contained most antibiotics and some other
emergent medications She explained that if problems arose with medication deliveries or access, nurses
were expected to notify the physician by the end of their shift.
Residents Affected - Few
On [DATE] at 2:46 PM, during a telephone interview, LPN E said nurses were expected to process
admission orders for residents they were assigned. He explained occasionally, nurses were required to take
over and complete the orders or assessments if the previous nurse was unable to get them done on their
shift. He recalled, on [DATE], he worked the 11:00 PM to 7:00 AM shift and recalled there were five
residents admitted or readmitted during the 3:00 PM to 11:00 PM shift. He stated that he and another nurse
assisted and entered incomplete admission orders from the previous shift. He said all admission medication
orders required a confirmation step, so they were submitted and processed by the pharmacy. He explained,
on [DATE] he gave report to the oncoming 7:00 AM to 3:00 PM nurse that there were pending medication
orders. He stated, the same morning, those nurses were supposed to review and confirm the medication
orders so the pharmacy would deliver them. He could not recall who the oncoming nurse was, or if he had
reported the issues to the Weekend Supervisor.
On [DATE] at 3:11 PM, during a telephone interview, LPN F recalled on [DATE], she worked the 11:00 PM
to 7:00 AM shift. She explained that during her shift she clarified an enteral feed substitution for resident #1
with the on call Advance Practice Registered Nurse (APRN) by telephone, and then confirmed the
resident's feeding tube orders in the medical record so it could be administered. She said the Medication
Administration Record (MAR) showed the resident's medication orders were pending confirmation status
and she could not administer them. She explained on [DATE] at approximately 7:00 AM, during the next
shift transition, she informed the Weekend Supervisor there were 5 admissions the previous evening with
incomplete orders that needed to be reviewed and confirmed. She stated she was concerned because
resident #1's medications needed to be administered. She remembered the Weekend Supervisor replied
that it was being handled, so she assumed the issues were addressed.
A Nursing Progress Note completed by LPN F on [DATE] at 3:52 AM, read, medications were entered by
previous shift nurse and this writer spoke with on call NP (Nurse Practitioner) (name) who completed
medication reconciliation. Pt. (patient) has an order for Jevity 1.5. Call made to on call to request an order
for house stock parenteral feeding. Currently awaiting call back with new orders.
On [DATE] at 4:06 PM, and 4:21 PM, and on [DATE] 11:34 AM, unsuccessful attempts were made to
contact the on call APRN by telephone.
During a telephone interview on [DATE] at 8:48 AM, the Weekend Supervisor said admission orders were
expected to be entered and fully processed by the assigned nurse by the end of the shift after the resident
arrived on the unit. She explained that if a nurse's workload prevented them from completing orders or
assessments, the Unit Manager or Supervisor assisted in completing the order process as, it's a priority.
She said on weekends, it was her job to complete any incomplete assessments and sometimes she
assisted with wound care treatments. She recalled on Saturday, [DATE] and Sunday, [DATE] she worked
double shifts from 7:00 AM to 11:00 PM and did not recall any nurse that asked for her assistance or
reported any pending admission orders.
On [DATE] at 3:30 PM, LPN G recalled on Saturday [DATE], the day after resident #1 was admitted , she
was assigned to care for the resident on the 3:00 PM to 11:00 PM shift. She explained the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 28 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
resident's medication orders were still pending status. She said she informed the Weekend Supervisor who
replied to that she was still working on them which indicated she was taking care of them. She stated she
had not administered resident #1's medications during her shift because they were still not scheduled on
the MAR by the end of her shift, over 24 hours after the resident returned to the facility.
Review of the resident #1's [DATE] MAR showed nurses signed for enteral nutrition administered from
[DATE] to [DATE]. The Treatment Administration Record (TAR) noted orders for feeding tube care and
monitoring. Neither the MAR nor TAR included orders for oxygen and/or monitoring, or pressure ulcer
treatments. Both records indicated no medications, supplemental oxygen, or pressure ulcer treatments
were administered to the resident, for three days.
On [DATE] at 4:16 PM, the Director of Nursing (DON) said she expected nurses to enter and fully process
admission orders and complete resident assessments. She said when medications weren't entered and
confirmed as per their process, the pharmacy was not alerted to send the medications. She explained after
resident #1 died on [DATE], she reviewed the medical record and found the admission orders had not been
completed, and the resident had not received any medications after she returned to the facility on [DATE].
She said she investigated and concluded that nurses who took care of the resident had not understood the
process to ensure the orders were completed.
In a telephone interview on [DATE] at 8:41 AM, the Weekend Supervisor said protocols for care and
monitoring of a resident who was admitted from the hospital after respiratory failure included nurses'
assessments of their lungs for abnormal sounds, oxygen saturation status, blood pressure, and heart rate
at least every shift and most physicians requested it every 4 hours. She explained nurses needed to
complete physical assessments and were to monitor residents for changes in condition so the physician
was notified to determine if the treatment plan should be revised, or if a higher level of care was needed.
She recalled she completed resident #1's assessments after she was admitted on [DATE].
Review of the admission Evaluation completed and signed by the Weekend Supervisor on [DATE] showed
resident #1's most recent vital signs were obtained on [DATE] at 9:19 PM, when the resident's heart rate
was 108 beats per minute, her respirations were 20 breaths per minute, and her oxygen saturation was
measured at 96% on room air. The neurological assessment noted the resident had a neurological
condition that required medications. The Skin assessment showed there were two pressure ulcers to be
treated per physician's orders. The Respiratory/pulmonary status documented the resident had dyspnea
(shortness of breath), Emphysema/COPD, Respiratory failure, diminished lung sounds, required oxygen
support, monitoring of lung sounds, oxygen saturation levels, and physician notification of changes, issues,
or concerns. The Infections/Cancer/IV assessment section documented the resident had upper and
respiratory infections with pneumonia and wound/pressure ulcers, was at risk for complications of infection,
required antibiotics, treatments or therapies as ordered, and physician notification for vital sign changes or
shortness of breath. The report read, 5. Date and time physician was notified, and orders were confirmed:
[DATE] 6. Date and time pharmacy was sent physician orders: [DATE] . Reconciliation . Medications were
reviewed and reconciled with the attending Physician .
The Smoking Assessment completed by the Weekend Supervisor on [DATE] read, . Does the resident use
Oxygen? . , with a marked response, No.
The medical record revealed after [DATE] at 9:19 PM when the resident returned from the hospital and over
the next 59 hours, two vital signs assessments were done. On [DATE] at 9:53 PM, the blood
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 29 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
oxygen saturation read 96% without supplemental oxygen, and on [DATE] at 8:24 AM, for a respiratory rate
of 20 breaths per minute and a blood oxygen saturation reading of 96% with oxygen (unknown flow rate)
administered via nasal cannula. The medical record did not include any additional assessments to monitor
resident #1's respiratory status.
Review of the Assessments showed there was one Respiratory assessment completed by nurses with an
effective date of [DATE] at 9:19 PM, that was done when the resident returned to the facility from the
hospital. The medical record did not include additional nurse assessments to monitor vital signs or the
resident's respiratory status.
Review of a Nursing Progress Note dated [DATE] at 12:47 PM, by LPN B read, Vitals were taken by nurse
at 0830 (8:30 AM). Vitals were WNL (Within Normal Limits). No c/o (complaints of) pain, pt. (patient) was
alert. The therapy dept. (department) notified me at approx. (approximately) 0955 (9:55 AM). I went in to
room with unit manager to evaluate pt. Patient was not breathing and had no pulse. Code status was full
code, verified by 2 nurses. CPR was initiated per facility policy at approx. 1000 (10:00 AM). 911 was called
at 1000 and arrived at approx. 1010 (10:10 AM). 911 team pronounced pt. deceased at 1015 (10:15 AM).
MD (Medical Doctor) was notified at 1020 (10:20 AM). Son and husband both notified at 1025 (10:25 AM).
(Name) funeral home notified per family request at 1025.
On [DATE] at 9:30 AM, the DON stated she expected the Weekend Supervisor to ensure all nursing
processes were fully completed for new admissions which included a chart check and audit form. She
explained nurses were to complete a head to toe physical assessment of a newly admitted resident within
one hour of their arrival, which included making sure any ordered oxygen was supplied, administered, and
monitored at least every shift per standard protocols. She said she obtained statements from the nurses
who were assigned to resident #1 on the weekend of [DATE], and their accounted reports conflicted with
each other. She recalled her conversation with the Weekend Supervisor revealed she was not aware that
her responsibilities included chart checks and to ensure orders, assessments, and nursing processes were
completed. The DON conveyed she was very concerned the nurses including the Weekend Supervisor had
not intervened and ensured resident #1's physician's orders for immediate care were fully processed and
implemented. She acknowledged several nurses had not recognized the clinical impact and risk for resident
#1's worsening health conditions, nor acted on discrepancies and contacted the physician. She said the
resident should have received her medications, and nurses should have followed the process and
monitored her for changes in condition or symptoms of complications because, she could have become
septic.
During a telephone interview on [DATE] at 10:08 AM, resident #1's son recalled on [DATE], he traveled from
out of state to visit his mother and he thought she was still in the hospital. He explained he was upset no
one from the facility called him to let him know she had returned to the facility on [DATE]. He said on [DATE]
when he saw his mother, she did not have oxygen on. He recalled on [DATE] at about 10:30 AM, he had
just returned home when the facility called him and informed him his mother died and they told him, We did
all we could do.
The (City) Fire Department Patient Care Report documented EMS personnel responded to a 911 call
received from the facility on [DATE] at 10:01 AM and arrived at resident #1's bedside at 10:08 AM where
they assessed her. The report read, Patient Dead at Scene-No Resuscitation Attempted (Without Transport)
. skin cold . arrived on scene, Pt (patient) contact made, Adult ALS (Advanced Life Support) medical
assessment completed, Rigor noted to the pts (patient's) jaw.
On [DATE] at 3:02 PM, the DON conveyed licensed nurses were expected to possess skills and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 30 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
competencies within their scope of practice to safely care for vulnerable residents. She explained licensed
nurses were required to recognize the importance of monitoring high risk health conditions, the need to
implement actions to ensure physician's orders for immediate care were carried out, and to be qualified
with adequate clinical judgement skills to contact physicians for concerns, condition changes, clarifications,
and orders.
During a telephone interview with the Medical Director on [DATE] at 12:45 PM, he said he was unaware
that resident #1 had not received any medications for 3 days after she was admitted from the hospital and
died. He recalled in the evening after he left the faciity on [DATE], the facility contacted him by phone and
informed him that a technical issue caused missed medication administrations for a newly admitted
resident. He stated the facility assured him they implemented a training plan, and he told them they needed
to make sure it had not happened to any other resident. He said he was very concerned and expected to be
contacted promptly for significant identified concerns, especially clinical ones. He explained there were
processes in place and omissions of physician's admission orders was, a very scary thought, and stated,
that's a big problem.
Review of the Facility Assessment updated [DATE] revealed the facility provided assessment and
management of medical conditions with licensed nurses with competencies that included verification of
physician's orders, new admission chart/review, oxygen physician's orders, availability of medications and
medication administration including IV infusions, medication administration schedule, admission process,
24 hour chart check, medical error prevention, change in condition, and resident assessment and
examinations. The document read, 3.7.1 We employ a team oriented approach when working with health
care professionals. Our goal is to provide the best care for patients, so communication is essential. We
ensure that we are meeting regulatory requirements while implementing any patient specific protocol that
the healthcare professional requires to treat the patient.
2. Review of the medical record revealed resident #6, a [AGE] year-old male, was admitted to the facility on
[DATE] and readmitted from the hospital on [DATE] with diagnoses of cellulitis (tissue infection) of the left
lower limb, chronic left foot ulcers (wounds), pressure ulcers to the right hip and coccyx (tailbone), Human
Immunodeficiency Virus (chronic viral blood infection), Syphilis (chronic infection), chronic embolism and
thrombosis (blood clot), thyroid disorder, depression, and cognitive impairment. On [DATE], a newly
acquired diagnosis of osteomyelitis (bone infection) was added.
Review of the MDS admission assessment with ARD of [DATE] noted the resident scored 13 out of 15 on
the BIMS that indicated he was cognitively intact. The assessment noted he had not shown any behaviors
or rejections of evaluation or care. The assessment showed he required moderate assistance from staff to
complete ADL's, he did not walk, was dependent on staff assistance for mobility, transfers in and out of bed,
and used a wheelchair. He was always incontinent of bladder and bowel functions, and had frequent pain
that interfered with his day to day activities. He had one stage 3, one stage 4, and 2 unstageable pressure
ulcers, intravenous (IV) central line access, and he received antidepressant, anticoagulant, antibiotic, and
opioid medications with identified potentially clinically significant medication issues during the look back
period.
The Comprehensive Care Plan included focus for ADL care with staff assistance, fall risks, cellulitis
infection with an intervention to administer physician ordered medications, four pressure ulcers with
interventions that nurses monitored for complications and provided ordered treatments, a metabolic
condition that required medication, risk for infection complications with an intervention that ordered
antibiotic medications would be administered, malnutrition due to infection, risk of intravenous access
complications with interventions that site care and infusions were provided and monitored
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 31 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
by nurses for patency and complications
Level of Harm - Immediate
jeopardy to resident health or
safety
The hospital's Physician Discharge Orders and Instruction noted Medication Instructions included Tylenol
650 MG as needed for pain, medications with the next dose administration due on [DATE] for Atorvastatin
(cholesterol lowering) 20 MG once daily at bedtime, Losartan (for high blood pressure) 50 MG twice daily,
Atenolol (blood pressure) 50 MG twice daily, Heparin (blood thinner) 5000 units by injection every 12 hours,
the next dose administration on [DATE] for Levothyroxine (thyroid stabilizing) 25 micrograms (MCG) once
daily, Sertraline (antidepressant) 50 MG once daily, Levaquin (antibiotic) 750 MG once daily, Bactrim
(antibiotic) 800-160 MG once daily, and Ertapenem (antibiotic) 1 gram (GM) IV infusion once daily.
Additional Physician Instructions were noted and indicated the resident required aggressive wound care
with IV and oral antibiotic medications per the Infectious Disease physician, and the resident had an IV
access catheter in place that required continued monitoring and care.
Residents Affected - Few
On [DATE] at 2:15 PM, resident #6 was observed in his room lying in bed covered by a blanket with his
eyes closed. Inactive IV equipment was positioned at the left side of his bed.
The Order Summary report showed on [DATE], physician's medication orders were entered that included
Tylenol 325 MG every 6 hours as needed for pain, Atorvastatin 20 MG at bedtime for high cholesterol,
Levothyroxine 25 MCG once daily for thyroid, Sertraline 50 MG once daily for depression, Losartan 50 MG
twice daily for blood pressure, Atenolol 50 MG twice daily for blood pressure, Bactrim 800-160 MG once
daily for chronic infection, Levaquin 750 MG once daily for wound infection, Heparin 5000 units injected
once daily for blood thinner, and Ertapenem Sodium IV infusion 1 GM once daily for wound infection until
[DATE]. The report showed physician's orders for nurses' care and monitoring of resident #6's right basilic
vein IV access catheter was ordered [DATE], three days after he returned from the hospital. Orders for care
and treatment of one stage 4, once stage 3, and two unstageable pressure ulcers that were present when
the resident returned to the facility on [DATE] were not entered until [DATE], four days after he returned
from the hospital.
On [DATE] at 2:45 PM, LPN B recalled she worked the 7:00 AM to 3:00 PM shift on Monday [DATE], and
her assignment included resident #6. She said the resident's IV antibiotic medication had not arrived from
the pharmacy and she was not able to administer it. She explained it was possible the pharmacy required
lab results. She noted the pharmacy often had additional information requirements before they dispensed
IV antibiotics for example, height, weight, and/or laboratory results. She said she reported the IV medication
was not administered to the oncoming nurse. She did not explain why she did not contact the physician to
report the omissions.
On [DATE] at 3:12 PM, in a telephone interview, LPN H said she had worked at the facility for about 2
months. She recalled she worked on [DATE] and had resident #6 on her assignment. She explained the
resident's IV antibiotic medication had not arrived from the pharmacy and she didn't have access to the
facility's medication dispensing system. She stated she thought LPN B had accessed the IV antibiotic from
the dispensing system and had administered the IV to the resident.
The [DATE] MAR showed from [DATE] to [DATE], the resident missed seven out of nine Heparin doses, two
out of four doses of Sertraline, Atenolol, Losartan, Bactrim, and Levaquin, and four out of four doses of
Ertapenem IV infusions. The report noted the resident's IV catheter access care and monitoring orders
started on [DATE] that indicated nurses had not monitored the IV for three days.
On [DATE] at 11:45 AM, the DON said the pharmacy usually fulfilled medication orders within hours
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 32 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
and they delivered twice daily. She said nurses were expected to notify the physician if medication doses
were not administered for any reason and that included pharmacy delivery problems.
The (Pharmacy provider) Proof of Delivery Shipment Summary showed on [DATE] at 5:24 PM, the facility
received medications for resident #6 that included Losartan, Bactrim, and Levaquin. The Shipment
Summary dated [DATE] at 7:06 AM, showed the facility received the resident's Heparin injectable
medication. The Shipment Summary indicated the facility received the residents IV Ertapenem medication
and administration supplies on [DATE] at 5:51 PM, four days after the resident returned from the hospital.
On [DATE] at 3:45 PM, LPN B said she had access to the facility's medication dispensing system and
recalled she had removed one dose of oral Bactrim for resident #6. She asserted she had never removed
an IV antibiotic medication for the resident.
During a joint observation on [DATE] at 3:49 PM, LPN B accessed the facility's dispensary and retrieved
resident #6's complete history report. The report showed one dose of oral Bactrim was removed on [DATE].
The inventory report showed the machine contained the IV medication Ertapenem, however it had never
been dispensed for the resident.
On [DATE] at 1:03 PM, during a telephone interview, the pharmacy provider's Pharmacy Technician
checked their records and said they received orders for resident #6's IV medication on [DATE]. She said
their IV face sheet record indicated the pharmacy made more than 5 attempts to contact the facility for
further information required to dispense the medication, and the facility had not responded.
On [DATE] at 2:59 PM, the DON acknowledged pharmacy shipment summaries showed resident #6's
Heparin was not delivered until [DATE], and the IV Ertapenem was not delivered until [DATE]. She
acknowledged the hospital discharge medication orders indicated Heparin was due [DATE], and the oral
and IV antibiotics were due [DATE]. She checked the resident's [DATE] MAR and confirmed there were
several missing doses of medications. She could not explain why so many nurses failed to act on the
discrepancies nor contact the doctor.
On [DATE] at 4:33 PM, the DON explained she contacted the pharmacy provider and learned on [DATE],
LPN J responded to a fax request from the pharmacy for resident #6's lab results. She said that was the
reason for the pharmacy's delay and when the lab results were received, the IV medication was dispensed
and delivered on [DATE]. She could not explain why the resident's other medications were delayed.
On [DATE] at 4:30 PM, the NHA, DON, Facility Regional Nurse Consultant, Regional Nurse Consultant, and
[NAME] President of Operations were informed the investigation revealed there was conflicting information
provided from interviews with licensed nurses, and review of their pharmacy delivery and dispensing
records.
Review of the Wound Care Advanced Practice Registered Nurse's progress notes dated [DATE] noted the
resident was assessed and treated for pressure ulcers on his coccyx, right hip, and two ulcers on his left
foot.
The [DATE] TAR showed pressure ulcer wound care and treatments had not started until [DATE], four days
after the resident returned from the hospital.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 33 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0726
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
In an interview on [DATE] at 11:41 AM, the Infectious Disease APRN explained he expected a prompt
continuance of any antibiotics ordered with hospital discharges, and those from an Infectious Disease
physician were considered more critical. He said he treated resident #6 at the facility and he was familiar
with him. He was not aware the resident had missed multiple doses of antibiotics, especially IV infusions.
He indicated the missed doses could have led to worsening of his infection and sepsis. He relayed he was
concerned as nurses had not contacted him about the omissions and stated he would have likely extended
the stop date to ensure the resident received the entire treatment course.
Review of the Order Summary Report showed on [DATE], physician's medication orders for the antibiotic
medication Ertapenem 1 GM by IV infusion once daily were revised to treat a newly added diagnosis of
osteomyelitis and the treatment course required 18 additional doses.
On [DATE] [TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 34 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide pharmaceutical services to meet the needs of each resident and employ or obtain the services of a
licensed pharmacist.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review, the facility failed to ensure critical medications were obtained for 2
of 6 residents reviewed for Quality of Care and Treatment, of a total sample of 6 residents, (#1, #6).
Findings:
1. Review of the medical record revealed resident #1, a [AGE] year-old female, was admitted to the facility
from the hospital on [DATE] with diagnoses of brain bleed, encephalopathy (brain dysfunction), meningioma
(tumor of membranes surrounding the brain), dysphagia (difficulty swallowing), gastrostomy status (feeding
tube), hypertension (high blood pressure), deep tissue injury, malnutrition, and dementia.
She was re-hospitalized on [DATE] and re-admitted on [DATE] with newly acquired diagnoses that included
acute hypoxic (low blood oxygen) respiratory failure with history of mechanical ventilation (breathing
machine) dependence, health care associated pneumonia, heart failure, pressure ulcer, and epilepsy.
Review of the Minimum Data Set (MDS) Death in facility tracking record with an Assessment Reference
Date (ARD) of [DATE] showed resident #1 died at the facility on [DATE].
The MDS 5-day assessment with an ARD of [DATE] revealed no assessment was completed for cognitive
patterns or behaviors. The assessment showed resident #1 was dependent on staff for mobility and to
complete her Activities of Daily Living (ADLs). The assessment noted the resident did not receive
anticoagulant or antibiotic medications, had no identified clinically significant medication issues, and she
did not receive supplemental oxygen while a resident during the look back period.
Review of the Physician Discharge Orders and Instructions from the hospital dated [DATE] noted Physician
Medication Instructions included Docusate Sodium 100 MG twice daily as needed, Tylenol 325 MG every 6
hours as needed, and Polyethylene glycol 17 GM once daily as needed. The remaining orders read, Next
dose: Morning: [DATE], Combigan 0.2%-0.5% eye drops once daily, Latanoprost 0.005% eye drops once
daily, Chlorhexidine 1.5 milliliters (ML) topical (on skin) every 12 hours, ProStat (nutritional supplement)
once daily, Famotidine 20 MG (acid reducing) once daily, Memantine (dementia slowing) 10 MG twice daily,
Montelukast (asthma) 10 MG once daily, Metolazone (diuretic/fluid removing) 10 MG once daily, Midodrine
(blood pressure) 10 MG three times daily, Linezolid (antibiotic) 600 MG twice daily, Levofloxacin (antibiotic)
750 MG once daily, Heparin 5000 (blood thinner) units injection every 12 hours, and Valproic Acid
(anti-seizure) 500 MG once daily and 750 MG at bedtime.
On [DATE], the hospital physician signed a 5000-3008 AHCA form and documented resident #1 needed
antibiotic medication, and she had heart failure due to an abnormal LVEF (left ventricle ejection fraction)
(percentage of blood pumped out from the heart to the body) of 35-40%.
The Order Summary Report noted there were active physician's medication orders dated [DATE] for
Docusate Sodium 100 milligrams (MG) as needed every 12 hours for constipation. The report showed
additional medication orders dated [DATE] that read, Pending confirmation for Famotidine 20 MG once daily
for gastroesophageal reflux disease (GERD), Memantine HCI 10 MG once daily for dementia, Polyethylene
Glycol 17 grams (GM) as needed for constipation, Latanoprost 0.005% eye drops once daily for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 35 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
glaucoma, Montelukast Sodium 10 MG three times daily for asthma, Metolazone 10 MG once daily for high
blood pressure, Midodrine HCI 10 MG three times daily for orthostatic hypotension (low blood pressure
after sitting or standing), Valproic Acid 500 MG once daily and 750 MG at bedtime for seizures, and Heparin
5000 Units by injection once daily for blood clot prevention.
The resident's Comprehensive Care Plan included focus for the risk of infection complications with
interventions for staff to administer antibiotics and treatments. Additional interventions included staff to
administer medications and treatments per doctor's orders.
During an interview on [DATE] at 10:15 AM, Licensed Practical Nurse, (LPN) C said nurses were
responsible to enter physician's orders for all admissions into their electronic system. She explained that
other nurses ensured medication orders were entered by the end of the shift so the pharmacy could timely
dispense and deliver the medications. She stated the pharmacy delivered medications to the facility two
times per day, and the facility had an onsite medication dispensary that contained most antibiotic
medications, and if problems arose with medication deliveries or access, nurses were expected to notify the
physician by the end of their shift.
On [DATE] at 2:46 PM during a telephone interview, LPN E said nurses were expected to enter medication
orders for residents admitted to their assignment. He explained occasionally, nurses were required to take
over and complete the orders if the previous shift were unable to get them done. He recalled, on [DATE], he
worked the 11:00 PM to 7:00 AM shift and 5 admissions came during the previous 3:00 PM to 11:00 PM
shift. He stated that he and another nurse assisted and entered incomplete pharmacy orders from the
previous shift. He said all medication orders required a confirmation step, so they were submitted to the
pharmacy. He explained, on [DATE] he gave report and relayed to the oncoming 7:00 AM to 3:00 PM nurse
that there were pending pharmacy orders. He stated, the same morning, those nurses were supposed to
look over and confirm the medication orders so the pharmacy would deliver them.
On [DATE] at 3:11 PM, during a telephone interview, LPN F recalled on [DATE], she worked the 11:00 PM
to 7:00 AM shift and the MAR showed resident #1's medication orders were under pending confirmation
status, and she could not administer them. She explained on [DATE] at approximately 7:00 AM during the
next shift transition, she informed the Weekend Supervisor there were 5 admissions the previous evening
with incomplete orders that needed to be reviewed and confirmed. She said she was concerned because
the resident's medications needed to be administered. She stated the Weekend Supervisor replied to her
that it was being handled, so she assumed the issues were addressed.
Review of a Nursing Progress Note completed by LPN F on [DATE] at 3:52 AM read, medications were
entered by previous shift nurse and this writer spoke with on call NP (Nurse Practitioner) (name) who
completed medication reconciliation .
On [DATE] at 4:06 PM and 4:21 PM, and on [DATE] 11:34 AM, unsuccessful attempts were made to
contact the On Call Advanced Practice Registered Nurse (APRN) by telephone.
During a telephone interview on [DATE] at 8:48 AM, the Weekend Supervisor said admission orders were
expected to be entered and processed by the assigned nurse by the end of the shift after the resident
arrived. She explained that if a nurse's workload prevented them from completing orders, the Unit Manager
or Supervisor assisted in getting them done because, it's a priority. She recalled on Saturday, [DATE] and
Sunday, [DATE], she worked from 7:00 AM to 11:00 PM, double shifts. She said over that weekend, no
nurses asked her for assistance nor reported to her there were incomplete pharmacy
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 36 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0755
orders.
Level of Harm - Minimal harm
or potential for actual harm
On [DATE] at 3:30 PM, LPN G recalled on Saturday [DATE], the day after resident #1 was admitted , she
worked the 3:00 PM to 11:00 PM shift, and the resident was included on her assignment again. She
explained the resident's medication orders were still under pending status, so she informed the Weekend
Supervisor who replied to her that she was still working on them all, which meant she was taking care of
them. She stated she had not administered resident #1's medications during her shift because they were
still not scheduled to be given on the Medication Administration Record, (MAR) over 24 hours after the
resident returned to the facility.
Residents Affected - Few
Review of the [DATE] MAR indicated no medications were administered to resident #1.
On [DATE] at 4:16 PM, the Director of Nursing (DON) said she expected nurses to enter and fully process
admission orders. She said when medications weren't entered and confirmed through the process, the
pharmacy was not alerted to send the medications. She explained after resident #1 died on [DATE], she
reviewed the medical record and found the pharmacy orders had not been completed, and the resident had
not received any medications, for three days.
On [DATE] at 9:30 AM, the DON explained she expected the Weekend Supervisor to ensure all nursing
processes were completed which included a chart check and audit form. The DON conveyed she was very
concerned the nurses and Weekend Supervisor had not acted to ensure resident #1's pharmacy orders
were fully processed. She said the resident should have received her medications, and nurses should have
followed the process.
On [DATE] at 11:04 AM, the Nursing Home Administrator (NHA) explained on [DATE], the facility
determined resident #1 had not received her necessary medications.
During a telephone interview with the Medical Director on [DATE] at 12:45 PM, he said he was unaware
that resident #1 had not received any medications for 3 days after she was admitted from the hospital and
died. He recalled in the evening after he left the faciity on [DATE], the facility contacted him by phone and
informed him that a technical issue caused missed medication administrations for a newly admitted
resident. He said he was very concerned and expected to be contacted promptly for significant identified
concerns, especially clinical ones. He stated there were processes in place and pharmacy delays and
critical medication order omissions was, a very scary thought, and stated, that's a big problem.
2. Review of the medical record revealed resident #6, a [AGE] year-old male, was admitted to the facility on
[DATE] and readmitted from the hospital on [DATE] with diagnoses of cellulitis (tissue infection) of the left
lower limb, chronic left foot ulcers (wounds), pressure ulcers to the right hip and coccyx (tailbone), Human
Immunodeficiency Virus (chronic viral blood infection), Syphilis (chronic infection), hypertension (high blood
pressure), chronic embolism and thrombosis (blood clot), thyroid disorder, depression, and cognitive
impairment. On [DATE], a newly acquired diagnosis of osteomyelitis (bone infection) was added.
Review of the MDS admission assessment with an ARD of [DATE] noted the resident scored 13 out of 15
on the BIMS that indicated he was cognitively intact, and he had not shown any behaviors or rejections of
evaluation or care. The assessment showed he required moderate assistance from staff to complete ADL's,
he did not walk, was dependent on staff assistance for mobility, transferring in and out of bed, and using a
wheelchair, was always incontinent of bladder and bowel functions, had frequent
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 37 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
pain that interfered with his day to day activities, one stage 3, one stage 4, and 2 unstageable pressure
ulcers, intravenous (IV) central line access, and he received antidepressant, anticoagulant, antibiotic, and
opioid medications with identified potentially clinically significant medication issues during the look back
period.
The Comprehensive Care Plan included focuses for cellulitis infection with an intervention to administer
physician ordered medications, a metabolic condition that required medication, risk for infection
complications with an intervention that ordered antibiotic medications would be administered, risk of
intravenous access complications with interventions that site care and infusions were provided and
monitored by nurses for patency and complications
The hospital's Physician Discharge Orders and Instruction noted Medication Instructions included Tylenol
650 MG as needed for pain, medications with the next dose administration on [DATE] for Atorvastatin
(cholesterol lowering) 20 MG once daily at bedtime, Losartan (blood pressure) 50 MG twice daily, Atenolol
(blood pressure) 50 MG twice daily, Heparin (blood thinner) 5000 units by injection every 12 hours, next
dose administration on [DATE] for Levothyroxine (thyroid stabilizing) 25 micrograms (MCG) once daily,
Sertraline (antidepressant) 50 MG once daily, Levaquin (antibiotic) 750 MG once daily, Bactrim (antibiotic)
800-160 MG once daily, and Ertapenem (antibiotic) 1 gram (GM) IV infusion once daily. Additional
Physician Instructions were noted and indicated the resident required IV and oral antibiotic medications per
the Infectious Disease physician, and the resident had an IV access catheter in place.
The Order Summary report showed on [DATE], physician's medication orders were entered for Tylenol 325
MG every 6 hours as needed for pain, Atorvastatin 20 MG at bedtime for high cholesterol, Levothyroxine 25
MCG once daily for thyroid, Sertraline 50 MG once daily for depression, Losartan 50 MG twice daily for
blood pressure, Atenolol 50 MG twice daily for blood pressure, Bactrim 800-160 MG once daily for chronic
infection, Levaquin 750 MG once daily for wound infection, Heparin 5000 units injected once daily for blood
thinner, and Ertapenem Sodium IV infusion 1 GM once daily for wound infection.
On [DATE] at 2:15 PM, resident #6 was observed in his room lying in bed covered by a blanket with his
eyes closed. Inactive IV equipment was positioned at the left side of his bed.
The [DATE] MAR showed from [DATE] to [DATE], the resident missed seven out of nine Heparin doses, two
out of four doses of Sertraline, Atenolol, Losartan, Bactrim, and Levaquin, and four out of four doses of
Ertapenem IV infusions.
On [DATE] at 11:45 AM, the DON checked resident #6's MAR and acknowledged there were multiple
administration omissions from [DATE] to [DATE]. She said the pharmacy usually fulfilled medication orders
within hours and they were delivered twice daily. She said the resident's medications were delayed because
the pharmacy had not delivered them on time.
Review of the (Pharmacy provider) Proof of Delivery Shipment Summary showed on [DATE] at 5:24 PM,
the facility received medications for resident #6 that included Losartan, Bactrim, and Levaquin. The
Shipment Summary dated [DATE] at 7:06 AM showed the facility received the residents Heparin injectable
medication. The Shipment Summary dated [DATE] at 5:51 PM indicated the facility received the residents
IV Ertapenem medication and administration supplies, four days after the resident returned to the facility
from the hospital.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 38 of 39
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
105671
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/17/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avante at Melbourne Inc
1420 South Oak Street
Melbourne, FL 32901
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
On [DATE] at 2:45 PM, LPN B recalled she worked the 7:00 AM to 3:00 PM shift on Monday [DATE] and
her assignment included resident #6. She said the resident's IV antibiotic medication had not arrived from
the pharmacy and she was not able to administer it. She explained it was possible the pharmacy required
lab results. She stated the pharmacy often had additional information requirements before they dispensed
IV antibiotics for example, height, weight, and/or laboratory results. She said she reported the IV medication
was not administered to the oncoming nurse.
On [DATE] at 1:03 PM during a telephone interview, the pharmacy provider's Pharmacy Technician checked
their records and said they received orders for resident #6's IV medication on [DATE]. She said their IV face
sheet record indicated the pharmacy made more than 5 attempts to contact the facility for further
information required to dispense the medication, and the facility had not responded.
On [DATE] at 2:59 PM, the DON acknowledged pharmacy shipment summaries showed resident #6's
Heparin was not delivered until [DATE], and the IV Ertapenem was not delivered until [DATE]. She
acknowledged the hospital's physician discharge medication orders indicated a Heparin injection was due
[DATE], and oral and IV antibiotics were due [DATE]. She checked the resident's MAR and confirmed there
were multiple missing doses of medications from [DATE] to [DATE]. She could not explain why so many
nurses failed to act on the discrepancies.
On [DATE] at 4:33 PM, the DON explained she contacted the pharmacy provider and learned on [DATE],
LPN J responded to a fax request from the pharmacy for resident #6's lab results. She said that was the
reason for the pharmacy's delay and when the lab results were received, the IV medication was dispensed
and delivered on [DATE]. She could not explain why the resident's other medications were delayed.
In an interview on [DATE] at 11:41 AM, the Infectious Disease APRN explained he expected a prompt
continuance of any antibiotics ordered with hospital discharges, and those from an Infectious Disease
physician were considered very critical. He said he treated resident #6 at the facility and he was familiar
with him. He stated that he was not aware the resident had missed multiple doses of antibiotics, especially
IV infusions. He said the missed doses could have led to worsening of his infection and sepsis.
During a telephone interview on [DATE] at 12:45 PM, the Medical Director, conveyed that he was unaware
and even more concerned that additionally, resident #6 missed multiple medications including four days of
IV antibiotic infusions. He explained that antibiotic medications were especially important for continuance
due to the risk for sepsis development.
Review of the facility's Standards and Guidelines titled Policies and Procedures: admission Orders revised
on [DATE] read, POLICY: . 3. The admitting orders will be transcribed to the admission Physician Order
Sheets (POS) once the orders are clarified or entered into the facility electronic medical record. 4. The
POSs will be faxed or transmitted electronically to the pharmacy in a timely manner to ensure receipt of the
resident's medications on the next pharmacy delivery.
Isolated
Class III
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105671
If continuation sheet
Page 39 of 39