Failure to Permit Timely Return of Hospitalized Resident
Penalty
Summary
The facility failed to permit a resident to return after hospitalization, resulting in a five-day delay despite the resident being medically cleared for discharge. The resident, who had a history of schizoaffective disorder, depression, bipolar disorder, and PTSD, was initially transferred to a hospital due to physical and verbal aggression, refusal of medication, and unpredictable behavior. The transfer was conducted via involuntary admission with police presence, and documentation indicated that the resident was expected to return to the facility after hospitalization. Hospital staff notified the facility on the second day after transfer that the resident was cleared for return, as psychiatric evaluation determined that inpatient psychiatric admission was not required. Despite this, the facility did not allow the resident to return immediately. Instead, the facility requested the hospital to continue holding the resident for several more days, citing the need to make staffing arrangements and to seek alternative placement, as the resident had expressed a preference for transfer to another facility while hospitalized. However, there was no documentation that the resident refused to return to the facility. During this period, hospital staff communicated with the facility multiple times, and the facility's operator and regional director confirmed the refusal to accept the resident back, requesting additional time before readmission. The resident was ultimately permitted to return five days after being medically cleared. The facility's actions were not in accordance with their own bed-hold and return policy, which requires timely readmission of residents who are eligible and cleared to return.