(a)
- (1) Class B violations involve conduct, acts, or omissions that, while not resulting in death or serious physical harm or the substantial probability thereof to a resident, create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident.
(2) Class B violations and the points assigned to each are:
- (A) Listed below in subsections (b) – (n) of this section; and
- (B) Subject to the conditions set out in 20 CAR § 401-901.
- (b) Seven hundred fifty (750) points shall be assigned when a facility admits or retains residents who need a higher level of care than the facility is licensed to provide.
- (c) Seven hundred fifty (750) points shall be assigned when a facility fails to maintain required direct care staffing or a safe environment and this failure directly threatens the health, safety, or welfare of a resident.
- (d) One thousand (1,000) points shall be assigned when a facility fails to maintain required direct care staffing or measures are not taken when it is known that a resident is combative and assaultive with other residents and these measures threaten the health, safety, or welfare of a resident.
- (e) One thousand (1,000) points shall be assigned when facility personnel apply physical restraints contrary to published rules.
- (f) One thousand (1,000) points shall be assigned when a facility fails to secure proper medical assistance, and this failure threatens the health, safety, or welfare of a resident.
(g)
- (1) One thousand (1,000) points shall be assigned when facility personnel knowingly administer medications to a resident contrary to published rules.
(2) One thousand (1,000) points shall be assigned when facility personnel:
- (A) Withhold physician ordered medication or medications from a resident and such withholding threatens the health, safety, or welfare of a resident; or
- (B) Fail to order or stock medication or medications prescribed by the physician and this failure threatens the health, safety, or welfare of a resident.
- (h) One thousand (1,000) points shall be assigned when there is an insufficient amount of food on hand in the facility to meet the menus for the next twenty-four-hour period and this failure threatens the health, safety, or welfare of a resident.
- (i) Seven hundred fifty (750) points shall be assigned when it is determined that falls occurred in a facility as a result of the facility's failure to maintain required direct care staffing or a safe environment as set forth in rule and this failure threatens the health, safety, or welfare of a resident.
(j)
- (1) One thousand (1,000) points shall be assigned when a facility fails to maintain its heating and air conditioning systems as required by rule and such failure threatens the health, safety, or welfare of a resident.
- (2) Isolated incidents of breakdown or power failure shall not be considered a Class B violation under this section.
- (k) Seven hundred fifty (750) points shall be assigned when it is determined that the minimum dietary needs of residents are not being met.
(l) Seven hundred fifty (750) points shall be assigned when facility personnel fail to:
- (1) Inform a resident of his or her resident rights as outlined in rule; or
- (2) Allow a resident to honor or exercise any of his or her rights as outlined in rule or statute.
- (m) Seven hundred fifty (750) points shall be assigned when it is determined that rules relating to sanitation are not met.
- (n) Seven hundred fifty (750) points shall be assigned when it is determined that a facility does not have a certified administrator as required by rule.