Failure to Establish Resident Rights Compliance Structure
Summary
The facility failed to establish a structure to comply with the resident's right to choose or refuse to perform services for the facility. During the survey, it was discovered that no personnel were assigned to monitor compliance with resident rights. The resident rights policy and procedure, reviewed with the institutional program director, was found to be hospital-based and included the logo of the Episcopal Hospital San [NAME] Metro, indicating it was not tailored to the facility's specific needs. Additionally, the policy did not include individualized mechanisms to ensure compliance with CMS Medicare requirements. The policy was a 13-page document that included all 483.10 resident rights statements in one policy, lacking specificity and clarity for implementation in the facility.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A resident in a therapeutic stipend program at an LTC facility experienced a delay in receiving payment for services rendered in November. The resident, who was cognitively intact and required assistance with daily activities, participated by calling Bingo and working in the soda store. The delay was due to the activity director's error in submitting the payment request, resulting in the stipend being paid in December.
Resident Payment Delay in Therapeutic Stipend Program
Penalty
Summary
The facility failed to ensure that a resident participating in the Resident Therapeutic Stipend Program was compensated in a timely manner for services rendered. The resident, who was cognitively intact and required assistance with daily activities, participated in the program by calling Bingo and working in the resident soda store. Despite completing her work program commitment log for November 2024, the resident did not receive her stipend until December 12, 2024, which was during the survey. The delay in payment was attributed to the activity director, who was new to the role and did not submit the payment request correctly for November 2024. This error caused a delay in the issuance of the stipend check, which was eventually cashed and deposited into the resident's petty cash account. The business office manager confirmed that there was inconsistency in receiving checks from corporate, which contributed to the delay in payment.
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