Failure to Readmit Resident After Inappropriate Discharge Determination
Penalty
Summary
The facility failed to readmit a resident after a hearing officer determined that the resident's discharge was inappropriate and ordered the facility to allow the resident to return. The resident, who had a diagnosis of bipolar disorder and intact cognition, was originally discharged due to verbally abusive behaviors and alleged endangerment to others. Despite the hearing officer's directive to readmit the resident, the facility did not comply, citing the refusal of the medical director and primary physician to treat the resident and a lack of other available physicians willing to accept the resident. Interviews with facility staff, including the medical director, DON, and administrator, confirmed that the decision not to readmit the resident was based on the physician's refusal to provide care and the absence of alternative physicians. The administrator acknowledged that no efforts were made to find another physician for the resident. Additionally, the facility was unable to provide a policy outlining proper discharge procedures when requested. The facility's response to the hearing decision stated that no action was required due to the lack of a physician to accept the resident.