F 0582
Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Level of Harm - Minimal harm
or potential for actual harm
Based on record review and interview, the facility failed to provide three (Residents #11, #18, and #36) of
three samped residents, notices of non-coverage to allow residents the opportunity to make informed
decisions about continued services and/or the right to an expedited review by a Quality Improvement
Organization.
Residents Affected - Few
The findings include:
A review of the facility's Beneficiary Protection Notification and Notice of Medicare Non-Coverage
(NOMNC), conducted on 11/30/2022 at 11:30 AM, revealed two (Residents #11 and #18) of three sampled
residents were not provided a NOMNC with a written statement that said the facility was unaware of the
need for the form.
On 11/30/2022 at 11:35 AM, a record review revealed that one (Resident #36) of three sampled residents
was not provided a Skilled Nursing Facility Advance Beneficiary Notice of Non-Coverage with a written
statement that said the resident did not want to continue service.
Photographic evidence was obtained.
An interview was conducted on 11/30/2022 at 12:27 PM with the Social Services Director (SSD) regarding
why Form CMS-10055 and Form CMS-10123 were not provided to sampled Residents #11, #18 and #36.
The SSD stated for Form CMS-10123, the facility was not accustomed to completing these forms, and
simply didn't know. They (SSD/Facility) were learning as they went. As for Form CMS-10055, the SSD
stated she verbally informed the resident and the resident did not want to continue services. The SSD was
provided a copy of a CMS-10055 form and was asked if she noticed the three optional selections, one in
which the resident could check their desire to not continue, and a space for their signature. The SSD
acknowledged the form contained the selection and signature line.
.
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 10
Event ID:
105840
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0689
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Ensure that a nursing home area is free from accident hazards and provides adequate supervision to
prevent accidents.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, record reviews, and interviews, the facility failed to ensure the resident environment remained
as free of accident hazards as was possible, and failed to provide adequate supervision for four (Residents
#19, #25, #3, and #26) of four residents who smoked, kept their lighters in their rooms, and either used
oxygen or were near oxygen concentrators. This practice endangered residents, staff and other building
occupants.
The findings include:
On 11/28/2022 at 12:32 PM, Resident #19 was observed wearing a nasal cannula (tubing used to deliver
oxygen through the nose) connected to an O2 (oxygen) concentrator. When asked if he knew what his O2
flow rate was supposed to be, he said he took care of it himself and didn't need the staff, but he didn;t
provide a flow rate setting. The concentrator was running at 5 LPM (liters per minute). Additionally, a
cigarette lighter was observed between the bed and the oxygen concentrator on the floor on top of a fall
mat. Resident #19 was asked if he was permitted to have a lighter in his room, and he replied yes.
On 11/29/2022 at 8:35 AM, Resident #19's O2 concentrator was observed to be set at 5 LPM, and the
cigarette lighter was on the side of his bed. (Photographic evidence obtained)
On 11/29/22 at 3:15 PM, Resident #19 was observed sitting on the side of his bed with his oxygen
concentrator next to him and set at 5 LPM. He was asked where he kept his cigarettes and lighter. He
stated, In my lock drawer. He was asked if his lighter was locked up now. He stated, It might be in my
pocket. He was asked how many lighters he had, and he replied one. A No Smoking: Oxygen sign was
observed on the outside of Resident #19's door.
On 11/29/22 at 3:20 PM, Resident #25 was observed with two packs of cigarettes and a lighter sitting on
top of his dresser. An oxygen storage closet was located aproximately 10 feet from his room.
On 11/29/22 at 3:25 PM, Resident #3 was observed with vaping materials on top of his side table. His
roommate was on oxygen therapy.
On 11/29/22 at 3:31 PM, an interview was conducted with the Director of Nursing (DON) regarding the use
of lock boxes by the residents. She stated lock boxes were obtained by residents if they wanted to contain
personal property. When she was asked about residents who smoked and their cigarettes/lighters, she said
if the resident was an unsupervised smoker, they could have a lock box to keep their cigarettes in when
they were not smoking. When asked if this included cigarette lighters, she replied yes. When asked if
smoking items were to be secured when not in use, she said yes.
On 11/29/22 at 5:14 PM, an interview was conducted with the Risk Manager regarding assessments for
residents who smoked, to determine whether they should be supervised while smoking. She said residents
were assessed by nursing supervisors (floor, unit managers) for smoking status determination. When asked
about the frequency of the assessments, she said residents who smoked were assessed upon admission,
and reassessed quarterly or as necessary, such as a resident giving another resident a cigarette, or for a
change in condition. When asked if independent smokers were to have smoking materials locked up, she
replied she was unsure and would have to find out.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 2 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0689
Level of Harm - Minimal harm
or potential for actual harm
On 11/29/22 at 5:24 PM, an interview was conducted with Resident #19's physician regarding his O2
orders. The physician said Resident #19 had an order for O2 at 2 LPM as needed, and she knew the flow
rate was 2 LPM, because she looked at it during rounds. She added that to her knowledge, she hadn't
known the resident to change the flow regulator, nor had she witnessed him changing the flow regulator.
Only the staff nurses set the concentrator flow rates according to the physicians' orders.
Residents Affected - Some
On 11/30/22 at 7:20 AM, an interview was conducted with LPN O. He was asked if Resident #25 smoked.
He stated yes. He was asked if the resident kept his smoking materials locked in his room. LPN O stated, I
think they just took it all away, and that's why he's in a mood this morning.
On 11/30/22 at 7:55 AM, a package of cigarettes and a blue disposable lighter were observed on Resident
#26's nightstand, next to his bed on the window side. (Photographic evidence obtained)
On 11/30/22 at 8:30 AM, a Smoking Risk Factor review was conducted for four of four independent
smokers, indicating that one (Resident #19) of four was rated No Problem for their capability to follow safe
smoking practices, while all others were rated a Moderated Problem. Resident #19 had his lighter on top of
a fall mat for two days, and then placed his lighter in his pocket on the evening of 11/29/22, which was not a
secured drawer or container per the facility's Smoking and Tobacco Use Policy.
On 11/30/22 at 8:45 AM, the DON presented a QAPI Plan titled Storage of Smoking Materials, with a plan
of action submission date of 11/29/22. In this submission, the plan identified three of four independent
smokers with lighters in their rooms that were not stored in a secure container, and a root cause analysis of
residents needing to be re-educated on the storage of smoking materials per facility policy.
On 11/30/22 at 9:18 AM, progress notes revealed that the Administrator entered Resident #26's room at
approximately 6:15 PM on 11/29/22, he removed a lighter from Resident #26's bed and two from from his
top dresser drawer. On 11/30/22 at 7:45 AM, he anottated that he had spoken with Resident #26 and
explained the issue with unguarded lighters, why he confiscated the lighters, and the resident stated he
understood.
On 11/30/22 at 9:33 AM, progress notes revealed that the Administrator annotated on 11/29/22 at
approximately 6:10 PM, that he entered Resident #25's room and observed that a cup holder on the
resident's wheelchair contained a lighter and two packs of cigarettes. He explained the issue with the lighter
to Resident #25 and removed it.
On 11/30/22 at 9:54 AM, progress notes revealed the Administrator annotated that on 11/29/22 at
approximately 6:30 PM, he entered Resident #19's room and asked the resident where his lighter was, and
the resident stated it was in his pocket (which is not a secured drawer or container per the facility's Smoking
and Tobacco Use Policy) and he knew to keep it locked up. The Administrator reiterated the importance of
keeping the lighter secured, and Resident #19 said he understood. The lighter was not confiscated.
On 11/30/22 at 10:26 AM, progress notes revealed the Administrator annotated that on 11/29/22 at
approximately 6:20 PM, he went to Resident #3's room and observed a lighter in an ashtray in front of
Resident #3's TV. He removed the lighter and explained the problem with leaving lighters in the open to the
resident.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 3 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0689
A review of the facility's policy titled, Smoking and Tobacco Use, revealed:
Level of Harm - Minimal harm
or potential for actual harm
On Page three under Resident Smoking Guidlines, Residents with Independent Smoking Privileges, (d)
read that Residents with independent smoking priveleges may maintain all smoking articles in a secure
drawer or container in their rooms.
Residents Affected - Some
On Page 4 under Resident Smoking Guidlines, Residents with Independent Smoking Privileges, note read
that Residents with independent smoking priveleges who do not comply with the above quidelines will
forfeit their independent smoking privileges pending review by the Interdisciplinary Team.
On Page 4 under Periodic Checks for Smoking Articles, para. 2, read, Articles found in violation will be
removed by the nurse or designee who will store them for the resident in a secure location.
On Page 4 under Designated Smoking Areas, para. 3, read, Oxygen use is prohibited in smoking areas.
Although oxygen is safe and non-flammable by itself, having combustable articles or accelerants near it will
aid in rapidly burning everything around it, thus recommending that there should be zero open flames near
oxygen devices or storage units, or at least least five feet away from oxygen units that are active or stored.
Vapers (e-cigarettes), which have an internal heating mechanism and are at the forefront of burn accidents
by users receiving oxygen therapy, should not be easily accessible either.
Resources:
Centers for Disease Control and Prevention. Fatal fires associated with smoking during long-term oxygen
therapy-Maine, Massachusetts, New Hampshire, and Oklahoma. Morbidity and Mortality Weekly Report.
American Lung Association. Using oxygen safely.
[NAME] Y, Légaré M, [NAME] F. E-cigarette use in patients receiving home oxygen therapy.
Can Respir J. 2015;22(2):83-5. doi:10.1155/2015/215932
.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 4 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0695
Provide safe and appropriate respiratory care for a resident when needed.
Level of Harm - Minimal harm
or potential for actual harm
Based on observations, staff and resident interviews, medical record review, and facility policy and
procedure review, the facility failed to ensure that one (Resident #39) of 21 residents receiving respiratory
care, were provided such care per physician's orders.
Residents Affected - Few
The findings include:
On 11/28/22 at 1:00 PM, Resident #39 was observed lying in bed. In an interview, he stated he had a CPAP
(Continuous Positive Airway Pressure) device that was brought here by his wife, but that the CPAP was
broken, and he never got to use it. The resident further stated he had been waiting for a new CPAP for over
two months. He was asked if his sleep was disturbed from not having his CPAP. He stated he didn't sleep
well without the CPAP. No CPAP device was observed in his room.
On 11/30/22 at 9:10 AM, Resident #39 was observed lying in bed. He stated he hadn't heard anything
about his CPAP device yet. He further stated he didn't get a good night's rest and he slept off and on
throughout the night. He stated again that he slept better with his CPAP.
A medical record review for Resident #39 revealed diagnoses including Chronic Obstructive Pulmonary
Disease (COPD), Obstructive Sleep Apnea (OSA), and morbid obesity.
Further review of the record revealed current physician orders which included:
10/4/22: Call [physician] for CPAP settings.
Discontinued physician's orders revealed:
10/4/22: Patient to use CPAP at bedtime (order discontinued 10/17/22).
A review of the eMAR (electronic medication administration record) for October 2022 revealed the CPAP
order was signed off as item unavailable on October 4, 6, 7, 8, 9, 12, 13, 14, and 16. The CPAP was signed
off as having been administered on October 5 and 11, and it was signed off as refused on October 10.
A progress note, dated 9/3/2022, revealed, . [Resident #39] stated he had a good first night, slept well,
wants to see social services on Monday to try to get another CPAP, his at home is broken, message left
with [Employee F] in social services. The progress note was authored by Registered Nurse (RN) C.
A review of Resident #39s History and Physical, dated 9/8/2022, with his facility doctor, revealed a note
which read, Morbid obesity with obstructive sleep apnea, discussed a CPAP machine and he states in the
process of being fixed.
On 12/01/22 at 8:49 AM in an interview with RN C, she was asked if she was caring for Resident #39 today.
She replied yes. She was asked if the resident had a CPAP device. She stated the resident was not
admitted with a CPAP and that family brought his CPAP device in. She stated it was given to Unit Clerk D.
On 12/01/22 at 9:03 AM in an interview with Social Services Employee F, she was asked if she
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 5 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0695
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
recalled working on getting a functioning CPAP device for Resident #39. She stated during one of his
Interdisciplinary Team (IDT) meetings, the CPAP device was brought up by nursing and no one ever came
back to her about it again.
On 12/01/22 at 9:13 AM in an interview with Unit Clerk D, she was asked if she knew about a CPAP device
for Resident #39. She stated the resident's wife brought in a CPAP device around the end of September
2022, and she gave it to Registered Nurse (RN) G, who she stated was currently out on leave. She further
stated the CPAP had been sitting in the unit manager's office ever since.
On 12/01/22 at 10:08 AM in an interview with RN H, she was asked what her current position in the facility
was. She replied she was currently the interim unit manager on the Delta unit, covering for RN G. She was
asked if she could provide information about Resident #39's CPAP device. She stated the resident's wife
brought a CPAP device to the facility in early October 2022, and an order was obtained to obtain the
settings from the resident's pulmonologist. When the settings were obtained, the CPAP was plugged in, and
the device was found to be broken. She was asked if any attempts had been made to fix the device or
replace it since that date. She stated No, usually when the machine is broken, the family gets it fixed. I just
went down and spoke with him to see if he still wants a machine. He told me he does want a machine, so
I'm calling today for an appointment for him to be fitted for a new CPAP machine. The VA (Veterans'
Administration) will pay 100% for a new CPAP.
On 12/01/22 at 11:41 AM in an interview with the Director of Nursing (DON), she was asked about
Resident #39's CPAP device. She stated, I believe he did not have his with him and it did not work for a
while before he was admitted here. His wife was going to see if she could get it fixed, but I'm not sure what
happened after that. If it couldn't be repaired, we could get him reassessed for a new one.
A review of the facility policy titled CPAP and BiPAP Equipment (Effective Date 3/20/2017) revealed:
Standard: The facility will provide routine cleaning and maintenance to minimize infection and ensure
maximum functioning of the equipment.
.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 6 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted
professional principles; and all drugs and biologicals must be stored in locked compartments, separately
locked, compartments for controlled drugs.
Based on observations, staff interviews, and facility policy review, the facility failed to store all drugs and
biologicals in locked compartments. This failure involved the Delta 5 hallway medication cart, Delta 5
hallway treatment cart, Delta 3 hallway medication cart, Alpha 5 hallway treatment cart, Alpha 5 hallway
medication cart, Alpha 3 hallway medication cart, and four separate nurses on two different shifts during
three different days.
The findings include:
On 11/28/22 at 3:08 pm, the medication cart on Delta 5 hallway was observed to be unlocked as evidenced
by the locked popped open. The first two drawers were opened and bottles of prescription medications were
observed. (Photographic evidence obtained) No staff were observed in the area of this medication cart.
On 11/29/22 at 3:50 pm, the treatment cart on Delta unit was observed to be unlocked and unattended.
(Photographic evidence obtained) At this same time, the medication cart on Delta 3 was observed to be
unlocked and unattended. The cart was observed to be unattended and unlocked for two full minutes.
(Photographic evidence obtained) Registered Nurse (RN) K approached the medication cart but did not say
anything. She was asked if this was her medication cart. She stated yes. She was asked if she walked away
from her cart, leaving it unlocked and unattended. She stated yes. She was asked if this was her usual
practice. She stated, No, I lock it when I walk away. She was asked if she had left the treatment cart
(located next to this medication cart) unlocked and unattended. She stated yes.
On 11/30/22 at 7:17 am, the treatment cart located on Alpha 5 hall was observed to be unlocked and
unattended. (Photographic evidence obtained) The medication cart on Alpha 5 was also observed to be
unlocked and unattended at this same time. (Photographic evidence obtained) Licensed Practical Nurse
(LPN) L approached the medication cart. She was asked if she was responsible for this medication cart.
She stated yes. She was asked if it was her practice to leave the medication cart unlocked when it was left
unattended. She stated, No, I had an emergency. She was asked what the nature of the emergency was.
She stated, I had to check a Foley (urinary catheter) because they told me the urine color wasn't right. She
was asked if she should lock the medication cart before attending to an emergency situation. She stated, I
had an emergency and I had to go down the hall. She was asked why the treatment cart next to her
medication cart was unlocked and unattended. She stated, I got a g-tube (feeding tube) dressing out of the
cart. She was asked if she left the cart unlocked and unattended after getting the g-tube dressing. She
stated, Yes. I meant to come back and lock it.
On 11/30/22 at 5:15 pm, the treatment cart on Delta 5 hallway was observed to be unlocked and
unattended. (Photographic evidence obtained) RN J approached the treatment cart after three minutes of it
being observed unlocked and unattended. She was asked if the treatment cart was usually left unlocked
when unattended. She stated, Occasionally it's unlocked. I just took something out of there.
On 11/30/22 at 5:25 pm, the medication cart on Alpha 3 hallway was observed to be unlocked and
unattended. (Photographic evidence obtained) LPN M approached the medication cart after four minutes of
observation of the cart being unlocked and unattended. She was asked if this medication cart was assigned
to her. She stated yes. She was asked if she knew why the cart was left unlocked and unattended. She
stated, I had an emergency. She was asked what the nature of the emergency was. She stated, A
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 7 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
resident was calling out to go to the bathroom. She was asked how long it would take to lock the medication
cart. She stated, Quick, push the button.
In an interview with the Director of Nursing (DON) on 12/01/22 at 11:34 am, she was asked what her
expectation was for medication carts and treatment carts being secured. She stated, If the nurse is
stepping away from the area where she can't see the cart, she should be locking the cart. She was asked if
there was any reason a medication cart or treatment cart would be unlocked and unattended. She stated,
No, there shouldn't be. Maybe in a dire emergency. She was asked what emergency situation would justify
a nurse leaving her medication cart unlocked and unattended. She stated, I would say if a code blue was
called, and she stepped away for that emergency that would be justified. That's all I can think of. She was
asked if a nurse being told that urine in a Foley (urinary catheter) bag is a different color, or a resident
calling out for help to go to the bathroom be considered a dire emergency. She stated, No, they should still
lock the carts as they walk away. The lock can be pushed in as you're walking by or away.
A review of the facility's policy for Storage of Drugs and Biologicals (effective date: 5/4/2016) revealed,
Standard: In accordance with state and federal laws, the facility will store all drugs and biologicals in locked
compartments/containers under proper temperature controls, and permit only authorized personnel to have
approved methods of access.
.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 8 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0880
Provide and implement an infection prevention and control program.
Level of Harm - Minimal harm
or potential for actual harm
Based on observations, interviews, medical record review, and facility policy review, the facility failed to
establish and maintain an infection prevention and control program designed to provide a safe, sanitary and
comfortable environment, and to help prevent the development and transmission of communicable
diseases and infections for one resident (Resident #194) of seven residents requiring urinary catheter care,
from a total sample of 27 residents.
Residents Affected - Few
The findings include:
On 11/29/22 at 9:22 am, Resident #194 was observed lying in bed. A urinary catheter bag was observed
on the door side of his bed, was not covered with a dignity bag, and was approximately half full of clear,
yellow urine. The bag was touching the floor. (Photographic evidence obtained)
On 11/30/22 at 2:50 pm, Resident #194's urinary catheter bag was observed uncovered with clear, yellow
urine. It was lying against the bed frame and floor of his room. (Photographic evidence obtained)
Registered Nurse (RN) J entered the room to answer the call light. She did not address the urinary catheter
bag lying against the bed frame and floor. Upon leaving the room at 2:15 pm, she was interviewed and was
asked if she was assigned to Resident #194 today. She stated, No, I just saw his call light on and answered
it. She was asked if urinary catheters should be elevated off the floor. She replied, I'm not really sure, I can
find out. But they probably really shouldn't be touching the floor. She was asked if she had noticed Resident
#194's urinary catheter bag touching the floor. She said no. She was not observed going back into his
room.
On 12/01/22 at 8:45 am, Resident #194 was observed lying in bed. His urinary catheter bag was observed
on the left side (door side) of the bed, uncovered, with the bottom of the bag touching the floor.
(Photographic evidence obtained)
On 12/01/22 at 12:25 pm, Resident #194 was observed sitting up in a wheelchair in his room. His urinary
catheter bag was uncovered and on the floor. (Photographic evidence obtained) He was asked how long he
had been up in his chair. He stated, A while, maybe an hour. I ate lunch in my chair.
In an interview with Certified Nursing Assistant (CNA) I on 12/01/22 at 12:36 pm, she was asked if urinary
catheter bags should be touching the floor. She stated, No, they shouldn't be touching the floor. When they
are up in a chair, the urinary bag is in a privacy bag, and when they are in bed, it hangs in the holes on the
side of the bed, up off the floor. She was asked if she was caring for Resident #194 today. She stated yes.
She was asked if she was aware that Resident #194's urinary catheter bag was currently lying on the floor.
She stated, Yes, I was getting him a new privacy bag. The old one got ripped on the night shift and he
needs a new one. She was asked how long he had been sitting up in his wheelchair. She stated, We got
him up for lunch, about an hour ago.
In an interview with the Director of Nursing (DON) on 12/01/22 at 11:25 am, she was asked what the
expectation for the care of urinary catheters/bags was. She stated, Catheter care every shift, and empty the
drainage bag. The catheter is changed monthly unless otherwise specified by the doctor. She was asked
what the infection control expectations for the care of urinary catheters/bags were. She stated, Catheter
care every shift. Using sterile technique with the catheter. We use privacy bags when the resident is up in a
chair and then when they're in bed, the catheter bag should be up off the floor, whether it's in a privacy bag
or not. She was asked if staff were expected to elevate the catheter bag up off the floor if it was observed
touching the floor. She stated, Yes, nurses and CNAs
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 9 of 10
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
105840
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Emory L Bennett Memorial Veterans Nursing Home
1920 Mason Avenue
Daytona Beach, FL 32117
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 0880
(Certified Nurses Aides) can do that. That is provided as education to staff and is an expectation.
Level of Harm - Minimal harm
or potential for actual harm
A medical record review for Resident #194 revealed the following orders:
Residents Affected - Few
11/17/22: Change Foley (urinary catheter) catheter every month on the 16th of every month (mixed
incontinence)
11/15/22: Change urinary drainage system every Friday
11/17/22: Foley Catheter care every shift. Cleanse with soap and water day, eve, and night.
Further medical record review revealed a care plan which outlined the following plan for care of infection
prevention related to this urinary catheter:
Date implemented: 11/29/22
Focus: Resident has potential for infection related to urinary catheter due to neuropathy.
Goal: Will remain free of infection related to urinary catheter through the next review date.
Interventions: Flush catheter per orders. Change catheter per orders. Monitor for signs/symptoms of UTI
(Urinary Tract Infection) and notify MD. Change drainage bag per policy. Provide dignity bag when OOB (out
of bed). Provide catheter care every shift and PRN (as needed).
A review of facility policy titled Urinary Catheter Indication and Maintenance (revised 6/9/17) revealed (Part
3: Procedures) 4. Maintain catheter tubing and drainage bag off the floor with privacy bag as appropriate.
\
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105840
If continuation sheet
Page 10 of 10