F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
E

Failure to Ensure Proper Medicare Disenrollment

Brookmont Healthcare And Rehabilitation CenterEffort, Pennsylvania Survey Completed on 04-05-2024

Summary

The facility failed to ensure that resident Medicare beneficiaries were only disenrolled from Medicare health plans with the beneficiary's or the beneficiary's representative's request, consent, knowledge, and/or complete understanding. This deficiency was identified for four out of the 23 residents sampled. The facility's actions included approaching residents to disenroll from their Medicare Advantage plans and switch to traditional Medicare without providing adequate information or obtaining proper consent. Specifically, the facility did not explain the impact of the insurance change on deductibles, copays, and supplemental coverage, nor did they assess and document the residents' cognitive abilities to ensure they were capable of making informed decisions. Resident 168 and Resident 269 were both cognitively intact and had their primary insurance payers changed from Medicare Advantage plans to traditional Medicare without fully understanding the implications. Resident 269 stated that she was confused during the admission process and did not recall anyone explaining the insurance change's impact on her copays, prescription plan, deductibles, or supplemental insurance coverage. Similarly, Resident 95 was aware of the insurance change but did not initiate the request and did not sign any authorization forms. Her son, who was contacted by the facility, felt pressured to make a quick decision without being fully informed of the pros and cons of switching plans. The facility's Director of Marketing admitted to assisting residents with the Medicare disenrollment process without a specific policy or procedure detailing the circumstances under which the facility can assist with a plan change. The information packet provided to residents lacked essential details required by the facility's policy, such as deductible costs, copays, and the specific name of the drug plan covering the beneficiary's medication. The Nursing Home Administrator confirmed that the facility did not assess residents' cognitive abilities before asking them to sign disenrollment forms and was unable to explain why some residents did not understand or authorize the insurance changes.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

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See other F0574 citations
Outdated Resident Rights Posting
C
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

A facility failed to ensure the current RBOR was posted for residents, visitors, and staff to review. One RBOR poster in a locked glass case had no print date, and another posted near the therapy room was dated 11/16. The DON stated she was unaware of changes to the RBOR form and did not know the updated version needed to be obtained and posted.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Ombudsman Contact Information Not Posted in a Visible Resident Area
E
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

Ombudsman Contact Information Not Posted in a Visible Resident Area: The facility’s only Ombudsman Program sign was posted on a small-print sticker on a wall leading into the 200 hall and was not viewable to residents. In interviews, 4 of 6 residents did not know how to contact the ombudsman or where to find the information, and the DON and Administrator stated the posting needed to be visible, large enough to read, and at eye level. The DON also stated the facility did not have a policy regarding Ombudsman posting.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Post Ombudsman and Survey Agency Contact Information
C
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

Failure to post Ombudsman and survey hotline information: Observations showed no readily available posting of the State LTC Ombudsman program or State Survey Agency hotline number in the entrances, dining room, or unit halls. In a group interview, 9 of 9 residents said they did not know where the information was located. The Administrator later stated the contact info was posted on a sheet of paper across from the elevator, and a white 8 x 11 inch sheet with several contact numbers was observed there.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Post State Complaint Information
F
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

Failure to Post State Complaint Information: The facility did not have State complaint filing information posted in the resident halls, nurses' stations, or main living area. In a resident council interview, residents said they had not been informed of their rights or how to formally complain to the State about the care they were receiving, and the administrator confirmed the information was not posted.

Inspection fine: $29,726
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Residents Unaware of How to Access Ombudsman and State Agency Contact Information
D
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

Facility staff did not ensure that residents knew where to find the list of contact names, addresses, and phone numbers for the ombudsman, adult protective services, and other State agencies. In a resident group meeting with the Resident Council President and four other residents, all five reported they did not know how to contact these agencies. The Activities Director later stated that residents are educated at each resident council meeting about the ombudsman and the location of the contact information, and that this is documented in council minutes. When these findings were presented to the Interim Administrator, DON, ADON, and Corporate Nurse Consultant, they did not offer comments or concerns.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Inform Residents of Complaint Rights
F
F0574 F574: The resident has the right to receive notices in a format and a language he or she understands.
Short Summary

Failure to Inform Residents of Complaint Rights: The facility did not inform residents of their right to file a complaint with the State survey and certification agency. The ADM stated there were no Resident Council meetings for two months due to lack of a president, and the only available council minutes did not show that residents’ rights were reviewed. During the survey, multiple residents said no information was shared about complaint rights and they did not know where the information was posted.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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