Failure to Provide Timely Discharge Notification
Summary
The facility failed to provide timely notification of proposed transfer and discharge to two residents, Resident 2 and Resident 3, as required by regulations. Resident 2 was admitted with severe cognitive impairment and other medical conditions, including encephalopathy and legal blindness. The facility issued a Notice of Medicare Non-Coverage (NOMNC) on February 26, 2025, indicating that Medicare coverage would end on March 1, 2025. However, the Notice of Proposed Transfer and Discharge was not given until March 4, 2025, the day of discharge, which was four days after the discharge order was received from the physician. This delay in notification did not allow Resident 2 or their representative adequate time to appeal the discharge decision. Resident 3, who had intact cognition and required moderate assistance with daily activities, was also not provided timely notification. The NOMNC was issued on February 28, 2025, with Medicare coverage ending on March 2, 2025, and discharge planned for March 3, 2025. The Notice of Proposed Transfer and Discharge was given on the day of discharge, March 3, 2025, three days after the discharge order was received. This late notification similarly did not provide Resident 3 the opportunity to appeal the discharge decision. The facility's policy requires that residents and their representatives be notified in writing at least 30 days prior to transfer or discharge, or as soon as practicable in certain circumstances. However, in both cases, the facility did not adhere to this policy, resulting in a failure to provide the residents with their right to appeal the discharge. The Director of Nursing acknowledged the oversight and confirmed that the notifications should have been provided earlier to allow for the appeal process.
Penalty
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