F 0550
Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or
her rights.
Level of Harm - Actual harm
Residents Affected - Few
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
medical record review, resident interview, staff interview, and policy review, the facility failed to ensure staff
honored the rights of residents. This resulted in actual harm on 11/12/25 at 2:50 P.M. when Resident #145
expressed fear of a nurse and a concern for her health status after a nurse unexpectedly approached her
and administered a second dose of the influenza vaccination in error, despite Resident #145 declining the
shot and informing the nurse that she had already received the 2025 influenza vaccination. This affected
one resident (#145) of three residents reviewed for resident rights. The facility census was 67.Review of
Resident #145's medical record revealed an admission date of 10/14/25. Diagnoses included cellulitis of the
chest wall, type II diabetes mellitus, chronic pulmonary edema, obesity, and post-traumatic stress disorder.
Review of Resident #145's admission Minimum Data Set (MDS) assessment dated [DATE] revealed the
resident was cognitively intact and required the use of a wheelchair for mobility. Review of Resident #145's
care plan revealed a past history of abuse where the resident was forced to do things against her will.
Interventions included to keep the resident informed about changes in care, to provide a quiet
non-threatening environment, to decrease stimulation, to reapproach the resident if care is resisted, and
staff are not to attempt to force care. Review of the immunization record consent and information sheet
revealed Resident #145 declined to receive both the influenza and pneumococcal vaccinations on
10/14/25. The declination was witnessed by Licensed Practical Nurse (LPN) #728. Review of Resident
#145's physician orders revealed an order dated 10/14/25 and timed at 2:24 P.M. to administer the annual
influenza vaccine unless contraindicated. Review of Resident #145's Medication Administration Record
(MAR) for October 2025 revealed the influenza vaccination was administered intramuscularly on 10/15/25
at 4:19 P.M. into Resident #145's right deltoid. Further review of Resident #145's physician orders revealed
an order dated 11/12/25 and timed at 10:53 A.M. for the pneumococcal vaccination to be administered
intramuscularly one time only for two days. Review of Resident #145's MAR for November 2025 revealed
that the pneumococcal immunization was administered on 11/12/25 at 2:50 P.M. into the resident's right
deltoid by Registered Nurse (RN) #590. Review of a Medication Error Report written 11/13/25 at 9:50 A.M.
revealed a medication error occurred on 11/12/25 at 2:51 P.M. when RN #590 administered an influenza
vaccination to Resident #145 on 11/12/25 at 2:50 P.M. instead of the ordered pneumococcal vaccination.
Review of the facility investigation completed by Infection Control Preventionist (ICP) LPN #801 of the
medication error revealed she had placed the order for the pneumococcal vaccination on 11/12/25 and
specifically put the timeline for two days to allow time for the vaccine to arrive from the pharmacy as the
pneumococcal vaccination was not available in the facility. Per the investigation, Resident #145 was
interviewed and revealed she informed RN #590 that she had previously received the influenza vaccine.
Resident #145 stated she refused the vaccination when RN #590 came in the room and offered it to her.
Resident #145 stated RN #590 informed her that she nor her husband, who
(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 5
Event ID:
366328
Printed: 05/15/2026
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
366328
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Divine Rehabilitation and Nursing at Toledo
1011 North Byrne Road
Toledo, OH 43607
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 0550
Level of Harm - Actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
was on the phone per video at the time of the incident, knew what they were talking about, at which time
RN #590 came up behind Resident #145 and poked the resident in the right arm with the vaccination.
Interview with the Administrator on 11/24/25 at 12:22 P.M. verified RN #590 administered the influenza
vaccination to Resident #145 against her will and also verified the medication error occurred when RN #590
administered the influenza vaccination, instead of the pneumococcal vaccination. The Administrator
confirmed Resident #145 received two influenza immunizations this season and should not have. Interview
with Resident #145 on 12/01/25 at 11:50 P.M. revealed she decided to receive the influenza vaccination in
October 2025, and it was administered. Resident #145 voiced concern that the influenza vaccination was
administered again and against her will in November 2025. Resident #145 stated on 11/12/25 RN #590
entered her room and informed her she was to receive an influenza vaccination. Resident #145 stated she
verbally refused the immunization and informed RN #590 that she previously received the vaccination. RN
#590 told Resident #145 that she did not know what she was talking about at which time RN #590 came up
behind Resident #145 and injected the immunization into her right arm. Resident #145 said she reported
the nurse to administration. Resident #145 stated she is now afraid of RN #590, while the nurse no longer
provides her care she is still in the building and provides care to other residents. Resident #145 also voiced
concerns for her health due to receiving two influenza vaccinations a month apart. Interview with Certified
Nurse Practitioner (CNP) #600 on 12/01/25 at 12:02 P.M. revealed she was aware Resident #145 received
two influenza vaccinations. CNP #600 did see Resident #145 after being made aware of the administration
of a second influenza vaccination and had no health concerns. Review of the undated facility policy titled
General Immunization/Vaccination revealed residents, staff members, and volunteer workers retain the right
to refuse immunizations. Review of the undated facility policy titled Medication Administration stated
medications are to be administered as ordered by the physician and in accordance with professional
standards of practice. Review of the undated facility policy titled Abuse, Neglect, and Exploitation revealed
abuse meant the willful infliction of injury, unreasonable confinement, intimidation, or punishment with
resulting physical harm, pain, or mental anguish, which can include staff to resident abuse and certain
resident to resident altercation. This deficiency represents non-compliance investigated under Complaint
Numbers 2676384 and 2670000.
Event ID:
Facility ID:
366328
If continuation sheet
Page 2 of 5
Printed: 05/15/2026
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
366328
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Divine Rehabilitation and Nursing at Toledo
1011 North Byrne Road
Toledo, OH 43607
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
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
Level of Harm - Actual harm
Residents Affected - Few
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** THE
FOLLOWING DEFICIENCY REPRESENTS AN INCIDENT OF PAST NON-COMPLIANCE THAT WAS
SUBSEQUENTLY CORRECTED PRIOR TO THIS SURVEYBased on medical record review, staff
interviews, review of the facility incident investigation, review of video surveillance, review of employee
personnel files, review of the facility self-reported incident (SRI), and review of facility policy, the facility
failed to ensure residents were free from abuse. Actual harm occurred on 11/15/25 at 8:42 P.M. when
Resident #169 was subjected to excessive physical force by a facility staff member, after which Resident
#169 verbalized a fear for his safety, and being depressed at times with positive thoughts of self-harm. This
affected one (#169) of three residents reviewed for abuse. The facility census was 67.Review of the medical
record for Resident #169 revealed an admission date of 07/22/25 and discharged date of 11/19/25.
Diagnoses included alcohol dependence with withdrawal, anxiety, depression, difficulty walking, tobacco
use, type two diabetes mellitus, chronic obstructive pulmonary disease, and noncompliance with other
medical treatment.Review of the quarterly Minimum Data Set (MDS) assessment dated [DATE] for Resident
#169 revealed he was identified as moderately cognitively impaired. Resident #169 was independently
mobile with a manual wheelchair and required minimal assistance with bathing, lower body dressing, bed
mobility, and transfers, had no aggressive behaviors toward self or others and no refusals of care.Review of
a progress note dated 11/15/25 and timed at 8:58 P.M. written by Licensed Practical Nurse (LPN) #800
revealed Resident #169 was observed drinking alcohol in the designated smoking area. When Resident
#169 was approached regarding the liquor and beer, the resident became agitated and started swinging at
staff threatening them. Review of the physician orders for Resident #169 revealed he did not have an order
to consume alcohol.Review of progress notes dated 11/16/25 revealed Resident #169 refused nursing care
offered at 12:02 A.M., medications offered at 8:00 A.M., and a post-incident skin assessment attempted at
2:02 P.M.Review of a psychiatric physician note dated 11/17/25 revealed Resident #169 reported an
altercation with LPN #800 to the physician. Resident #169 reported feeling depressed at times with positive
thoughts of self-harm.Review of a progress note dated 11/17/25 and timed at 8:10 P.M. revealed Resident
#169 was placed on a one-to-one observational status. Review on 11/25/25 at 10:45 A.M. and on 12/01/25
at 9:45 A.M. with the Administrator, of a two-minute surveillance video dated 11/15/25 and timestamped at
8:42 P.M. revealed Resident #169 was in the outdoor smoking area with a group of other residents.
Resident #169 was observed sitting in his wheelchair wearing an unzipped coat and smoking a cigarette.
Resident #169 was holding his cigarette with his right hand. Certified Nurse Assistant (CNA) #605 and CNA
#712 were supervising the group of residents in the outdoor smoking area. LPN #800 entered the smoking
area and walked toward Resident #169, approached the front of Resident #169, then circled around the
resident from the right side, and stopped on the left side of the resident. LPN #800 then reached toward
Resident #169 with her right hand, taking hold of the front left side of Resident #169's coat. LPN #800
proceeded to pull open the coat toward the left side of Resident #169's body and with her left hand reached
between the coat and Resident #169's left side. Unidentifiable items were seen falling to the ground.
Resident #169 pushed at LPN #800 with his left arm and LPN #800 let go of the coat. LPN #800 again
reached for Resident #169's coat, this time while holding Resident #169's left arm down, LPN #800 pulled
open the coat to the residents' left side and reached inside the coat toward Resident #169's left side. CNA
#605 was seen walking toward the resident's right side while LPN #800 was reaching in and around
Resident #169's coat and pulling on Resident #169's left arm. LPN #800 let go of Resident #169's left arm
and backed away from the resident. Resident #169 was then observed shaking his left
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366328
If continuation sheet
Page 3 of 5
Printed: 05/15/2026
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
366328
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Divine Rehabilitation and Nursing at Toledo
1011 North Byrne Road
Toledo, OH 43607
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 - Actual harm
Residents Affected - Few
arm at LPN #800 while shuffling his feet to move the wheelchair closer to the nurse. LPN #800 took hold of
Resident #169's left arm and pulled it away from his body while CNA #605 flicked the cigarette out of
Resident #169's right hand onto the ground. LPN #800 moved to Resident #169's right side, took hold of
the right side of the coat, pulled it open, reached into the coat toward Resident #169's right side and
obtained an open can of an alcoholic beverage. LPN #800 handed the open beverage can to CNA #605
who poured the liquid out in the grassy area behind Resident #169. Resident #169 extended his right arm
and index finger toward LPN #800's face. LPN #800 swung at Resident #169's right arm, making contact,
knocking Resident #169's arm down. This occurred two additional times before LPN #800 walked away,
leaving the outdoor smoking area.Review of the facility investigation interviews dated 11/16/25 with CNA
#605 and CNA #712 revealed no deviation in the description of events between Resident #169 and LPN
#800 as observed in the video surveillance. CNA #605's statement revealed concerns for safety as
Resident #169 was threatening to burn the nurse with his cigarette. CNA #605 found it necessary to
remove the cigarette from Resident #169's hand during the incident. Review of a statement provided by the
Director of Nursing (DON) on 11/17/25 revealed Resident #169 indicated to her on 11/17/25 that he did not
feel safe in the facility. The DON offered a continuous one-to-one and Resident #169 agreed.Review of the
facility self-reported incident (SRI) #267611 filed on 11/16/25 at 12:25 P.M. revealed Resident #169 was
abused by LPN #800 on 11/15/25 at 8:42 P.M. Continued review of the SRI revealed Resident #169
sustained mental anguish, fear, and a feeling of being unsafe.Interview on 11/25/25 at 10:45 A.M. with the
Administrator revealed items that fell to the ground from Resident #169's coat during the altercation with
LPN #800 on 11/15/25 were a small bottle of fireball whiskey, a pack of cigarettes, and a bottle of
unidentified pills. Continued interview revealed Resident #169 was noted to frequently obtain alcohol and
illicit drugs while off facility property. The Administrator shared Resident #169 was placed on a one-to-one
observational status due to Resident #169 being non-compliant and voicing he felt unsafe in the
facility.Additional interview on 11/25/25 at 2:18 P.M. with the Administrator revealed the facility did not have
a policy regarding alcohol consumption and a physician order was required for residents to consume
alcohol while on the premises. The Administrator revealed there were no residents currently with physician
orders allowing the consumption of alcohol.Concurrent interviews on 11/25/25 at 3:15 P.M. with LPN #530
and LPN #542 revealed Resident #169 would often consume alcohol on the premises and did not have a
physician order to do so. Review of the disciplinary action interview with LPN #800 dated 11/19/25 revealed
LPN #800 contacted the on-call supervising nurse when she learned Resident #169 was consuming
alcohol in the smoking area. LPN #800 was told by the on-call nurse, LPN #801, to confiscate the
alcohol.Review of the personnel file for LPN #800 revealed she was hired on 02/27/25 and terminated on
11/19/25. LPN #800 was trained on abuse, per facility policy, on 02/27/25. Review of a disciplinary action
dated 11/19/25 revealed LPN #800 was terminated as a direct result of the altercation on 11/15/25 with
Resident #169.Review of a disciplinary action dated 11/19/25 for LPN #801 revealed she was also
terminated for advising LPN #800 to confiscate the open container of alcohol from Resident #169 and for
failing to timely report the incident to the Administrator.Review of the undated facility policy titled Abuse,
Neglect, and Exploitation revealed abuse included punishment with the result of mental anguish, and
mistreatment included inappropriate treatment of a resident. Further review of this policy revealed the
facility would implement policies and procedures to prevent and prohibit abuse. The deficiency was
corrected on 11/21/25 at 3:32 P.M. when the facility implemented the following corrective actions:- On
11/16/25, the incident between Resident #169 and LPN #800 was reported to the Administrator by Human
Resources Director #606 immediately after Resident #145 reported the incident to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366328
If continuation sheet
Page 4 of 5
Printed: 05/15/2026
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
366328
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Divine Rehabilitation and Nursing at Toledo
1011 North Byrne Road
Toledo, OH 43607
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 - Actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
the Human Resources Director. - On 11/16/25, the Administrator notified the Medical Director of the
incident between LPN #800 and Resident #169.- On 11/16/25 at 12:25 P.M., the Administrator reported the
incident to the state agency. (SRI #267611).- On 11/16/25, the DON assessed Resident #169 with no
injuries noted.- On 11/16/25, the DON/designee conducted resident interviews for all interviewable
residents to ensure they felt safe in the facility. Interviews revealed no other concerns about safety.- On
11/16/25, the DON/designee conducted skin assessments on all non-interviewable residents with no
negative findings.- On 11/16/25, the Administrator reviewed the two-minute video footage of the incident
dated 11/15/25 and timed at 8:22 P.M.- On 11/16/25, the Administrator interviewed Residents #138 and
#145 who were sitting near Resident #169 in the video.- On 11/16/25, the Administrator completed staff
interviews with CNA #605, CNA #712, LPN #572, LPN #800, and LPN #801.- On 11/16/25, the
Administrator suspended LPN #800 and LPN #801.- On 11/17/25, Resident #169 was evaluated by
psychiatry.- On 11/17/25, the DON touched base with Resident #169 and the resident indicated he did not
feel safe in the facility. The DON offered a continuous one-to-one with an aide and Resident #169 agreed.
An aide was placed to directly observe Resident #169.- On 11/17/25, Resident #169 was assessed by
Social Services #554 with no additional concerns identified. Resident #169 was notified of the level of care
paperwork being finalized for the transfer to another facility. Resident #169 had been accepted at another
facility prior to the incident.- On 11/17/25, all staff were educated by Staff Development Coordinator #507
on abuse, neglect, exploitation, and timely reporting abuse.- On 11/17/25, the MDS Coordinator reviewed
and updated Resident #169's care plan to reflect the trauma related to physical abuse.- On 11/17/25, an ad
hoc Quality Assurance and Performance Improvement (QAPI) meeting was held to review the incident and
the action plan.- On 11/18/25, a police report was filed by the Administrator.- On 11/18/25, Resident #169
remained on direct observation.- On 11/18/25, Resident #169 was accepted to be admitted to another
facility. Social Services #554 notified Resident #169 and made transportation arrangements. - On 11/19/25,
all staff were educated on resident rights and smoking regulations by Staff Development Coordinator #507.On 11/19/25, the Administrator terminated LPN #801 and LPN #800 for violation of company policy.- On
11/19/25, Resident #169 remained on direct observation.- On 11/19/25 at 1:30 P.M., Resident #169 was
discharged from the facility. Resident #169 was in his electronic wheelchair and had all personal items.- On
11/20/25, a monthly QAPI meeting was held with a review of the incident and actions taken presented.- On
11/21/25 at 3:32 P.M., the Administrator closed the SRI. This deficiency represents non-compliance
investigated under Complaint Numbers 2660931 and 2670000.
Event ID:
Facility ID:
366328
If continuation sheet
Page 5 of 5