Failure to Obtain Consent for Insurance Change
Summary
The facility failed to obtain consent from a resident before changing her private insurance plan, resulting in a deficiency. The resident, who was admitted for a short-term stay to receive therapy services following a fall, was enrolled in managed care insurance that allowed for 20 days of therapy. After her discharge, the resident was notified by mail of her disenrollment from the managed care plan, which she had not authorized. Interviews with the resident, her family member, the Business Office Manager (BOM), and the Administrator confirmed that the disenrollment was processed without the resident's consent, and there was no written authorization for this action. The resident was alert, oriented, and capable of making her own decisions, as indicated by her Brief Interview for Mental Status (BIMS) score of 15, which showed no cognitive impairment. Despite the lack of immediate harm or financial loss to the resident during the two months without managed care coverage, the facility's failure to secure consent for the insurance change could have had significant financial implications if the resident had experienced a major illness. The Business Office Manager admitted to using online access to disenroll the resident without evidence of consent, and the Administrator confirmed the lack of written authorization.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Resident Bill of Rights Not Updated or Reviewed: The facility failed to ensure the most current RBOR was provided to residents and displayed for residents, visitors, and staff. A resident said the RBOR was posted but did not recall anyone reviewing it at admission. Surveyors observed an outdated RBOR posted on the first floor, while the admission packet and a wall-hanger copy contained a later revised version. The DON and SSD stated they were not aware the RBOR had been updated, and the SSD did not personally review it with residents at admission.
Outdated Resident Bill of Rights Posted: An outdated RBOR was observed posted in the facility, and the SSD confirmed the information was outdated. The SSD stated it was their responsibility to keep the posting updated, but it had not been completed. A policy regarding posting the RBOR was requested and none was provided.
A resident was not shown to have been informed, orally and in writing, of resident rights upon admission. The admission packet included a Resident Rights and Facility Responsibilities document and an acknowledgment form, but the medical record had no completed acknowledgment, no documentation that the rights were explained orally, and no note that the resident understood or acknowledged them. The Administrator stated the admission paperwork, including the Resident Rights and Resident Handbook acknowledgments, could not be located.
Admission Documents Not Communicated in Resident’s Language: A resident whose primary language is Spanish signed multiple English-language admission, financial, consent, and resident-right documents without documented translation, interpreter support, or an independent witness. The admissions director stated she does not speak Spanish, used a tablet for translation, and confirmed there was no documentation showing the paperwork was explained in Spanish or otherwise communicated in a way the resident could understand.
A resident was not given the Resident Bill of Rights orally or in writing upon admission, and the chart lacked documentation that it was provided. The DON and administrator gave differing accounts of who was responsible for reviewing the rights and grievance process, and the resident stated staff did not verbally educate her or provide a written copy. Facility policy referenced resident rights and grievance information, but one policy did not direct staff to provide the Bill of Rights upon admission.
Outdated Resident Rights Poster: The facility failed to ensure the current RBOR poster was displayed for residents, visitors, and staff to review. Surveyors observed the poster in a locked glass case near the entrance, and it was dated 1/16. The DOSS confirmed it was outdated and said a new one needed to be ordered; no facility policy was provided.
Resident Bill of Rights Not Updated or Reviewed
Penalty
Summary
The facility failed to ensure the most up to date Nursing Home Resident Bill of Rights (RBOR) was provided to each resident and displayed for residents, visitors, and staff to review. During interview, a resident stated the RBOR was posted on the first floor but did not recall anyone sitting down and going over the bill of rights. Observation showed the RBOR displayed across from the kitchen door on the first floor was dated 7/1/07. Review of the admission packet showed an RBOR revised 11/28/16 and modified 2/1/17, and another RBOR in a clear plastic wall hanger was also modified 2/1/17. The DON stated the social service director worked with marketing and ordered items needed for the admission packets, and that they were not aware the RBOR had been updated. The SSD stated they did not personally go over the RBOR at admission and were not aware who was responsible for updating the posters or whether residents had been updated regarding the revised RBOR. A policy regarding RBOR was requested but not provided.
Outdated Resident Bill of Rights Posted
Penalty
Summary
The facility failed to ensure residents were promptly informed of changes to the Nursing Home Resident Bill of Rights and failed to ensure the current RBOR was available and displayed for residents, staff, and visitors to review. During observation on 7/30/26 at 2:25 p.m., an outdated RBOR was posted in the facility. The social services director confirmed at that time that the posted RBOR information was outdated and stated it was their responsibility to hang and keep the information updated, but it had not been completed. A policy regarding posting the RBOR was requested and none was provided.
Failure to Provide and Document Resident Rights Acknowledgment
Penalty
Summary
The facility failed to ensure that Resident #12 was informed, both orally and in writing, of the resident's rights upon admission. A review of the admission packet showed a document titled Resident Rights and Facility Responsibilities stating that each resident has the right to be informed, orally and in writing, in a language the resident understands, of rights and the rules and regulations governing conduct and responsibilities during the stay. The packet also included a Resident Rights acknowledgment form stating that the resident had read or had the rights read to them and understood them. Resident #12's medical record did not contain a completed acknowledgment of resident rights. There was no documentation showing that Resident #12 signed to acknowledge receipt of the resident rights, no documentation that the rights were provided orally, and no note indicating the resident understood or acknowledged them. During interview, the Administrator stated that leadership was unable to locate Resident #12's admission paperwork, including the acknowledgment of receiving the Resident Rights and the Resident Handbook.
Admission Documents Not Communicated in Resident’s Language
Penalty
Summary
The facility failed to inform one resident, whose primary language is Spanish and who does not speak, read, or understand English, of his rights and the rules and regulations governing resident conduct and responsibilities in a language he could understand. Upon admission, the resident signed numerous admission, financial, consent, and resident-right documents written in English, including the admission summary, financial policies, advance directives information, grievance procedure, non-discrimination notice, abuse and zero tolerance information, visiting policy, resident rights, and a legal arbitration agreement. The majority of these documents were also signed by the admissions director, Employee E8. Review of the resident’s record showed no documentation that the admission documents were translated into Spanish, interpreted by a qualified medical interpreter, reviewed through a language assistance service, or otherwise communicated in a manner the resident could understand before signatures were obtained. There was no documentation identifying an interpreter, translator, bilingual staff member, or witness to confirm the contents were accurately explained. The resident’s care plan identified communication needs, noting that staff should use nonverbal communication techniques, gestures, verbal and visual cues, and a Spanish-English communication board. During interview, the admissions director stated she does not speak Spanish, used a tablet for translation, and confirmed there was no notation showing a translation method was used, no Spanish paperwork, and no independent witness present during the signing process.
Failure to Provide Resident Bill of Rights on Admission
Penalty
Summary
The facility failed to provide 1 of 3 residents, R5, with the Resident Bill of Rights orally or in writing upon admission. R5's chart did not contain documentation that she received a copy of the Resident Bill of Rights. During interviews, the DON stated the administrator was responsible for reviewing the Bill of Rights and explaining the grievance process to new residents upon admission, while the administrator stated the admitting nurse was responsible for informing new residents of the rights and the DON was responsible for verifying the admission process was complete. The administrator also stated the admission process was not in written form, acknowledged R5's chart lacked evidence that she was provided the Resident Bill of Rights, and noted that a full listing of the rights was posted on a facility wall. R5 stated she was not given a written copy when admitted and was not verbally educated or reviewed on the rights. The facility's Resident Rights and Responsibilities policy listed resident rights and grievance information but did not direct staff to provide the Resident Bill of Rights prior to or upon admission, while the Abuse Prevention policy stated residents and families are informed on admission how to report concerns, incidents, and grievances and that a copy of the Resident Bill of Rights is provided and covered upon every admission.
Outdated Resident Rights Poster
Penalty
Summary
The facility failed to ensure the most up to date Nursing Home Resident [NAME] of Rights poster was displayed for residents, visitors, and staff to review. On 7/8/26 at 8:47 a.m., surveyors observed the RBOR poster in a locked glass case in a small common area near the entrance, and it was dated 1/16. On 7/8/26 at 12:02 p.m., the Director of Social Services confirmed the poster was outdated and that a new one needed to be ordered. A facility policy was requested but not provided.
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