Incomplete Advance Directive Documentation
Summary
The facility failed to ensure Advance Directive (AD) documentation was complete and readily available in the medical records for three sampled residents. For Resident 5, the record showed admission with schizoaffective disorder and major depressive disorder, and the history and physical stated the resident did not have capacity to understand and make decisions and was under temporary conservatorship. The Advance Directive Acknowledgement (ADA) was signed by the resident and a facility representative, but it was not signed by the responsible party or conservator. The MDS Coordinator stated that if a resident lacked decision-making capacity, the AD should have been signed by the conservator and that an incomplete document was invalid. For Resident 8, the record showed admission with schizophrenia and depression, and the history and physical stated the resident was unable to communicate and make decisions. The ADA did not include acknowledgements that the resident or responsible party had been given written material about the right to accept or refuse medical treatments, the right to formulate an AD, that there was no obligation to formulate one, or that any executed AD would be followed by facility staff and the attending physician. The form also lacked the responsible party/agent signature. Medical Records staff, the MDS Coordinator, and the DON each stated the form was incomplete because it was missing required acknowledgements and the responsible party’s signature. For Resident 21, the record showed admission with schizophrenia and a history and physical stating the resident had capacity to make medical decisions. During chart review, the ADA form was blank and missing the resident’s identification, treatment preferences, signature, date signed, and witness signatures. Medical Records staff stated the form should have been completed upon admission or within 72 hours, and the VPC stated there was no completed ADA form and that a blank form prevented the facility from acknowledging the resident’s preferences. The facility policy stated residents are to be informed of their right to execute an AD and that each resident chooses whether to complete one.
Penalty
Resources
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