Failure to Provide Timely Transfer and Discharge Notices
Summary
The facility failed to provide timely and adequate notification to residents and their representatives regarding a facility-initiated closure. The facility notified all 51 residents of the impending closure only three days before the closure date, which did not meet the federally required 30-day advance written notice. This notice should have included the reason for the transfer or discharge, the effective date, the specific location to which the resident is to be transferred or discharged, and an explanation of the right to appeal the transfer or discharge to the State. Additionally, the notice should have contained contact information for the State entity that receives appeal hearing requests, information on how to obtain an appeal form, and details for obtaining assistance in completing and submitting the appeal hearing request. The facility's records, including Electronic Health Records (EHR) and communication notes, lacked evidence of compliance with these notification requirements. For instance, several residents' records did not show that they were provided with a written thirty-day notice of involuntary discharge with all federally required components. In many cases, the communication notes indicated that calls were made to residents' representatives, but these notes often lacked critical details such as the discharge date, physician notification, and plans for a safe and orderly discharge from the facility. The deficiency placed all 51 residents in immediate jeopardy to their health and safety, as they were at risk for an unsafe transfer or discharge, potential sadness or depression, and likely negative impacts on their psychosocial well-being. The facility's failure to meet the notification requirements for involuntary discharge and transfer notices was a significant oversight, affecting all residents, including those with developmental disabilities and quadriplegia.
Penalty
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