Failure to Provide Emergency Discharge Notification and Appeal Rights
Summary
The facility failed to provide an emergency discharge letter to a resident and their Durable Power of Attorney (DPOA), which included the right to appeal the discharge and contact information for the Ombudsman. This deficiency was identified for one resident out of a sample of five, in a facility with a census of 147 residents. The resident in question was admitted with diagnoses including schizoaffective disorder, bipolar type, and dementia with agitation, and was severely cognitively impaired according to their Minimum Data Set (MDS). The facility's policy on transfers and discharges requires proper notification and assistance to residents and families, including documentation of the basis for transfer, attempts to meet resident needs, and services available at the receiving facility. However, in this case, there was no documentation of communication with the resident's DPOA regarding the proposed transfer, the reason for the transfer, or the resident's rights to appeal. The resident was transferred to another facility without a written notice or appeal rights being provided. Interviews with facility staff, including the Social Services Designee, Social Service Worker, Administrator, and Business Office Manager, revealed a lack of awareness and process for providing written notification of transfers or discharges. The Administrator admitted that the facility did not provide a 30-day notice or an emergency notice of discharge, and the Business Office Manager confirmed that the facility typically only issued notices for non-payment. The facility also failed to notify the Ombudsman of the resident's proposed transfer.
Penalty
The facility failed to notify the Ombudsman when residents were transferred or discharged, affecting three residents. A resident with cirrhosis and chronic kidney disease, another with malignant neoplasm and candida sepsis, and a third with portal vein thrombosis and major depressive disorder were not reported to the Ombudsman upon discharge. The DON confirmed the oversight, and the facility lacked a notification policy.
The facility failed to provide required transfer/discharge notices to residents and their representatives, affecting four residents who were sent to the hospital without proper notification. The facility's policy requires such notices to be given in an understandable manner, but this was not followed, as confirmed by the administrator.
The facility failed to notify the Ombudsman when two residents were transferred to the hospital. One resident with moderate cognitive impairment was admitted to the hospital multiple times without notification, and another resident with multiple health issues was discharged without informing the Ombudsman. The Social Services Director confirmed the lack of notifications since April 2024, despite facility policy requiring such notifications.
A facility failed to notify the State Ombudsman of a resident's transfer to the hospital. The resident, who had severe cognitive impairment and multiple medical conditions, was not given appropriate transfer notice. The facility's administrator confirmed that they had not been submitting transfer information to the Ombudsman, based on prior communication indicating it was unnecessary.
The facility failed to notify the local Ombudsman of transfers for two residents, one with complex medical issues and another with multiple sclerosis and cellulitis, to the emergency room. Despite documentation of the transfers and provision of bed hold policies, there was no evidence of Ombudsman notification, confirmed by facility staff.
The facility failed to provide written notices of transfer or discharge to residents when they were sent to the hospital, affecting four residents. The deficiency was confirmed through record reviews, staff interviews, and policy reviews. The residents involved had intact cognition, and the facility's policy required a notice of transfer for emergency transfers or discharges, which was not adhered to.
Failure to Notify Ombudsman of Resident Discharges
Penalty
Summary
The facility failed to notify the Ombudsman when residents were transferred or discharged, affecting three residents out of four reviewed for discharge. Resident #69, who had diagnoses including cirrhosis of the liver and chronic kidney disease, and Resident #174, with conditions such as malignant neoplasm and candida sepsis, were not reported to the Ombudsman upon discharge. Additionally, Resident #175, diagnosed with portal vein thrombosis and major depressive disorder, was also not reported. The facility's list of discharged residents for several months did not include these individuals, and the Director of Nursing confirmed the oversight. The facility did not have a notification to Ombudsman policy available for review.
Failure to Provide Transfer/Discharge Notices
Penalty
Summary
The facility failed to provide timely notification of transfer or discharge to residents and their representatives, as required by policy. This deficiency was identified during a review of medical records, staff interviews, and policy review. Four residents were affected by this oversight, as they were transferred to the hospital without receiving the necessary notice of transfer or discharge. The facility's policy mandates that such notices be provided in a language and manner understandable to the resident and their representative, but this was not adhered to in these cases. Resident #78 was sent to the hospital for shortness of breath, Resident #180 for abnormal laboratory values, Resident #181 for an unspecified reason, and Resident #79 for a change in condition requiring evaluation. In each instance, there was no documentation indicating that the residents or their representatives were informed of the transfer or discharge. The facility administrator confirmed the lack of notification for these residents during an interview, highlighting a systemic issue in the facility's adherence to its transfer and discharge policy.
Failure to Notify Ombudsman of Resident Transfers
Penalty
Summary
The facility failed to notify the Ombudsman when residents were transferred or discharged to the hospital, affecting two residents. Resident #42, who had moderate cognitive impairment and required assistance with daily activities, was admitted to the hospital on three occasions without the Ombudsman being notified. The Social Services Director confirmed that there had been no notifications to the Ombudsman regarding hospitalizations or discharges since April 2024. Similarly, Resident #58, who had multiple diagnoses including cerebral infarction with hemiplegia and COPD, was discharged to the hospital without the Ombudsman being informed. The facility's policy required that a copy of the transfer or discharge notice be sent to the Ombudsman at the same time as it was provided to the resident and their representative. However, this procedure was not followed, as verified by the Social Services Director.
Failure to Notify Ombudsman of Resident Transfer
Penalty
Summary
The facility failed to provide appropriate transfer notice and ombudsman notifications for a resident who was discharged to the hospital. The resident, who had severe cognitive impairment and multiple medical diagnoses including chronic kidney disease, GERD, and depression, was not properly notified of their transfer, nor was the State Ombudsman informed. The facility's administrator confirmed that they had not been submitting transfer information to the Ombudsman, based on previous communication from an Ombudsman indicating that such notifications were unnecessary.
Failure to Notify Ombudsman of Resident Transfers
Penalty
Summary
The facility failed to notify the local Ombudsman of resident transfers as required, affecting two residents. Resident #57, who had a complex medical history including acute on chronic respiratory failure, seizures, and diabetes, was transferred to the emergency room due to seizure activity and low oxygen saturation. Despite the transfer being documented in the resident's medical record and a bed hold policy being provided, there was no evidence that the local Ombudsman was notified of the transfer. The facility attempted to confirm notification with the Ombudsman's office but was unable to obtain confirmation. Similarly, Resident #65, who had diagnoses including multiple sclerosis and cellulitis, was transferred to the emergency room for an infection in the right lower extremity. The facility also failed to provide evidence that the Ombudsman was notified of this transfer. Interviews with the Senior Director of Nursing and the Regional Director of Operations confirmed the lack of notification to the Ombudsman for both residents' transfers.
Failure to Provide Written Notices of Transfer/Discharge
Penalty
Summary
The facility failed to provide written notices of transfer or discharge to residents when they were sent to the hospital, affecting four residents who were reviewed for transfer or discharge. The facility identified a total of 32 residents who were discharged to the hospital since May 2024. The deficiency was confirmed through record reviews, staff interviews, and policy reviews. The residents involved had intact cognition, as revealed by their quarterly Minimum Data Set (MDS) assessments. Resident #78 was discharged to the hospital on three occasions, Resident #46 on five occasions, Resident #76 on one occasion, and Resident #44 on three occasions, without receiving the required written notices. Interviews with the Regional Administrator confirmed that the facility did not provide the necessary documentation to the residents or their representatives. The facility's policy, revised in August 2022, stated that a notice of transfer should be provided for emergency transfers or discharges, which was not adhered to in these cases.
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