Failure to Notify Ombudsman and Provide Complete Discharge Notices
Summary
The facility failed to properly notify the Office of the State Long-Term Care Ombudsman of two facility-initiated discharges and did not ensure that the written notices contained all necessary information. The notices for two residents, who were both severely cognitively impaired with Alzheimer's Disease, did not include the location to which the residents were to be transferred or discharged, a statement of the residents' appeal rights, or the contact information for the entity that handles such appeals. Despite the facility's claim that the notices were sent to the Ombudsman, the Ombudsman reported not receiving them. The first resident, who had a history of behavioral symptoms and was dependent on assistance for daily activities, was given a 30-day discharge notice due to the facility's inability to safely care for her. The notice lacked specific details about the transfer location and appeal rights. The resident's family was shocked by the decision and expressed concerns about the impact of the move on the resident's quality of life. The facility's social worker and nursing home administrator both stated that the decision was made because the resident no longer required skilled nursing care, but the family was not informed about their right to appeal the decision. The second resident, also severely cognitively impaired, was issued a similar 30-day discharge notice. The notice was missing critical information, including the transfer location and appeal rights. The resident's family was upset and surprised by the facility's decision, which was attributed to the resident's involvement in incidents with other residents. The facility's staff claimed that the resident would be better served in a dementia-specific placement, but the family was not made aware of their right to appeal the discharge. The Ombudsman confirmed that they did not receive the required notices for either resident.
Penalty
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