Failure to Notify Provider and Assess Capacity During AMA Discharge
Penalty
Summary
The facility failed to ensure timely notification of a provider when a resident left the facility against medical advice (AMA), and did not confirm the resident's capacity to make such a decision. The facility's policy required prompt notification of the resident's physician or provider if a resident or representative requested discharge AMA. However, documentation showed that the provider was not notified until two days after the resident had left the facility. There was also no evidence that a capacity evaluation was performed prior to the resident's discharge, despite the resident having a history of altered mental status, cognitive deficits, and a recent stroke. The resident in question had multiple diagnoses, including problems related to living alone, altered mental status, muscle weakness, cognitive communication deficit, metabolic encephalopathy, and a below-the-knee amputation. The care plan indicated performance deficits in activities of daily living, limited mobility, impaired cognitive function, and short-term memory loss. The resident's physician had documented that decision-making capacity needed to be re-evaluated before discharge, as the resident seemed unable to understand the potential problems after leaving the facility, such as not having a home or transportation. Despite this, there was no documentation of a capacity assessment being completed, and staff allowed the resident to sign out AMA without confirming capacity or ensuring a safe discharge plan. Staff interviews confirmed that no capacity evaluation was performed, and the provider was not notified at the time of discharge. The resident left the facility in a wheelchair, without medications, a confirmed destination, or social support. Facility documentation showed that the AMA discharge form was signed by the resident and nursing supervisors, but there was no evidence of timely provider notification or interventions to ensure the resident's safety. This series of actions and omissions resulted in an Immediate Jeopardy situation.
Removal Plan
- The facility policy, Discharging a Resident Without a Physician's Approval, was updated and compliance with the updated policy will be implemented. The updates included that when a resident desires to leave AMA, staff will reference the resident's capacity in the medical record for consideration with management of the discharge and any AMA discharge will now require an incident report that will prompt staff to contact the provider.
- Physicians will be notified of AMA discharges immediately. The incident reports are audited by the risk management nurse. Compliance with the policy will be audited through High Risk Event and Quality Assurance and Performance Improvement (QAPI) meetings.
- Nursing staff onsite were re-educated on the updated policy, and notification to the Pennsylvania Department of Health and the local Area Agency on Aging at the time of an AMA discharge. The remainder of nursing staff will be educated.
- A new physician's order set was implemented to clearly communicate to the interdisciplinary team when a resident lacks capacity, has capacity, or if capacity is to be determined. Resident capacity will be documented with the order set. Nursing supervisors will audit new admissions for implementation of the order set.
- The interdisciplinary team will be educated on the new order set, and to document resident capacity based only on physician documentation. Compliance will be reviewed at QAPI meetings.