Resident Discharged Despite Pending Appeal
Penalty
Summary
The facility failed to comply with regulations regarding the discharge of a resident who had filed an appeal against an involuntary discharge. The resident, who was cognitively intact and admitted with an anxiety disorder, was issued a 30-day discharge notice. Despite the resident filing an appeal on the same day the notice was given, the facility proceeded to discharge the resident to another facility the following day. The care plan for the resident did not indicate any anticipated discharge, and there was no documentation of smoking behavior or physical abuse by the resident. Multiple staff members, including CNAs and the Medical Director, reported no knowledge or evidence of the resident being physically abusive or violating smoking policies. Interviews with the resident, their family member, and the Ombudsman confirmed that the resident did not want to be discharged and had filed an appeal prior to being removed from the facility. The Ombudsman stated that the appeal was cancelled only after the resident had already been discharged. Facility policy and federal regulations prohibit the transfer or discharge of a resident while an appeal is pending, unless there is a documented risk to health or safety, which was not substantiated in this case. The Administrator acknowledged awareness of the pending appeal but chose to proceed with the discharge regardless.