Failure to Honor DPOA and Arrange Post-Discharge Care
Penalty
Summary
The facility failed to honor the rights of a resident with severe cognitive impairment by not notifying or obtaining consent from the legally appointed Durable Power of Attorney (DPOA) prior to discharging the resident. The resident, who had diagnoses including cervical disc disorder, type 2 diabetes mellitus, and prostate carcinoma, was assessed with a Brief Interview for Mental Status (BIMS) score of 6/15, indicating severe cognitive impairment. The resident required substantial to maximal assistance with activities of daily living and was frequently incontinent. Despite the presence of legal documents designating a stepson as the DPOA and Patient Advocate, the facility discharged the resident to an estranged family member who was not listed in the contact records. On the day of discharge, the facility released the resident to the birth son, who presented a birth certificate as proof of relationship, and whose identity was confirmed over the phone by the resident's ex-wife. The DPOA was not contacted for consent, and the facility staff did not verify the ex-wife's identity. The Social Services Director and DON made the decision to release the resident without arranging for home care, physician follow-up, pharmacy, durable medical equipment, or hospice services. The facility's records indicated that attempts to contact the DPOA were made, but when there was no response, the discharge proceeded without further effort to obtain proper authorization. The facility staff maintained that the resident was their own responsible party and had not experienced a change in cognition, despite documentation of severe cognitive impairment and the existence of a signed DPOA and Patient Advocate form. The discharge was executed without honoring the legal authority of the DPOA, and no arrangements were made for the resident's continued care after leaving the facility.
Plan Of Correction
Element #1 Although R504 is no longer a resident, the facility made post-discharge contact with the legally designated DPOA (Stepson) & the resident is at home with no ill effects related to this occurrence. Re-education was immediately provided to all Social Services and Nursing leadership on interpreting and honoring DPOA and Patient Advocate documentation. Element #2 The facility conducted a comprehensive review of all current residents with a designated Durable Power of Attorney (DPOA) or Patient Advocate. This audit was completed by the Social Services Director and the Interdisciplinary Team. No additional instances of failure to honor a resident's DPOA or Patient Advocate authority were identified. Element #3 Policies regarding resident rights, discharge procedures, and DPOA/legal representative documentation have been reviewed and deemed appropriate. The Social Services Director completed a facility-wide audit of all residents with a listed DPOA or Patient Advocate to ensure documentation is accurate, activated properly, and reflected in the medical record. The IDT was re-educated on the role and authority of a DPOA/Patient Advocate. Legal definitions and proper activation (based on cognitive assessment and advance directive terms). Proper documentation and communication procedures. Audits will be repeated monthly for the next three months, then quarterly thereafter. Element #4 Ongoing Monitoring and QAPI Review: The DON and Administrator will review all discharges weekly during clinical stand-up to verify compliance with discharge and legal representative requirements. The QAPI committee will review audit results monthly and ensure any issues are corrected with retraining and process reinforcement. The Facility Administrator will be responsible for maintaining compliance.