Failure to Assess for Readmission and Improper Involuntary Discharge Documentation
Summary
The deficiency involves the facility’s failure to complete a comprehensive assessment and evaluation of a resident for readmission after a hospital transfer, and to have appropriate documentation in the medical record before issuing an involuntary discharge. The resident had intact cognition per a recent MDS, with diagnoses including progressive neurological conditions, MS, anxiety, depression, and functional quadriplegia. The MDS documented limited verbal behavioral symptoms that did not endanger the resident or others, did not significantly interfere with care or activities, and were unchanged from prior assessments. The care plan reflected the resident’s intent to remain long term and documented that she had been doing well, attending activities, and without untoward behaviors, although later entries noted her voiced discontent about staying and repeated education regarding the facility’s zero-tolerance policy for illicit substances. The record shows multiple incidents related to marijuana or THC products prior to the hospital transfer. The care plan and staff interviews documented that the resident used medical marijuana off property and that staff found three unidentifiable pills in her bed later identified as Marinol, with the resident being educated not to bring in non-prescribed medications. Another entry documented that the resident had a marijuana vape pen in her bag and admitted giving another resident a few hits, leading to re-education about illicit substances and the risks to other residents. A subsequent incident involved staff observing smoke from the resident’s mouth, a strong marijuana odor, and the resident attempting to hide a vape pen; staff reported she appeared impaired with slurred speech and rolling eyes, and the facility implemented a two-person rule for all care and contact. On a later date, the resident became unresponsive with slurred speech and was transferred to the hospital, where she was diagnosed with a UTI; facility staff reported to surveyors that they believed the UTI was complicated by THC use. After the hospital transfer, the facility did not perform an in-person assessment or evaluation of the resident at the hospital, nor did it conduct an assessment through conversations with hospital staff before serving involuntary discharge paperwork. Progress notes documented that the administrator and various witnesses went to the hospital on three separate occasions to hand-deliver emergency involuntary discharge notices, but there was no documentation of any clinical assessment for readmission or evaluation of the resident’s condition at those times. The facility relied on medical records as its assessment and later obtained a letter from the facility MD stating the resident was a danger to herself and others, but this letter was dated after the discharge notices and there was no prior documentation from the PCP or MD in the record indicating the resident was a danger. The facility also failed to follow its own admission, transfer, and discharge policy requirements for documenting the basis of transfer, specific needs that could not be met, attempts to meet those needs, and detailed discharge information. The resident, her family, and hospital staff reported that the resident was medically ready for discharge from the hospital and wanted to return to the facility, but the facility refused readmission and proceeded with the emergency involuntary discharge. The resident described receiving three separate discharge letters at the hospital, each time becoming tearful, scared, and anxious about her future and belongings, and stated she felt devastated and believed the action was related to a prior complaint she had filed. The hospital SW and coordinator corroborated that the facility declined to take the resident back even after an ALJ overturned the discharge, and that the resident was tearful, afraid, and anxious but without suicidal ideation or changes in appetite or sleep. The facility admitted another resident into the original room and locked the door after the hospital transfer. The facility also failed to obtain proper signatures on the discharge summary. The CNO stated that the resident’s mother signed the discharge summary, but the facility did not verify whether she was the POA or guardian, and the resident’s actual medical POA reported he was not consulted about the involuntary discharge and was only contacted about holding the bed at the time of hospital transfer. The POA stated the facility did not ask him to sign the discharge summary when he came to pick up the resident’s belongings. The administrator acknowledged that the resident herself did not sign the discharge summary. These actions and omissions, including the lack of comprehensive assessment for readmission, lack of required documentation supporting the involuntary discharge, and failure to obtain appropriate signatures, led to the cited deficiency and negatively affected the resident’s psychosocial well-being.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Missing Discharge Care Plan: A resident with OCPD and intact cognition did not have a discharge care plan despite care plan meetings discussing short-term stay, psychiatric services, and later transfer to a long-term psych facility. The comprehensive care plan had no discharge plan, and staff interviews showed confusion between the SW and MDS Coordinator about who was responsible for developing it.
A resident with stroke-related deficits, AFib, CVA, and hemiparesis was sent to the ED for possible infection and later found stable to return, but facility leadership refused readmission. Hospital staff and the resident reported the resident wanted to come back, while the Administrator, DON, and Corporate Nurse gave conflicting explanations tied to a bed hold form, alleged behavior issues, and money owed. The resident also reported being yelled at and pressured during hospital meetings about returning.
A resident with a recent hip fracture, bipolar disorder, and anxiety disorder was allowed out on therapeutic pass but was not permitted to return when she came back after the pass. Staff completed discharge paperwork, packed her belongings, and treated her as discharged even though the facility’s policy stated residents must be allowed to return after therapeutic leave regardless of payment source. The resident said she had nowhere to go, and the record showed conflicting staff accounts about whether she had left AMA or could return.
A resident with a G-tube, Foley catheter, oxygen needs, malnutrition, and a stage 2 sacral pressure ulcer was discharged without a safe, orderly plan in place. The record showed missing discharge documentation, no confirmed home health or DME arrangements, and no documented tube-feeding, wound-care, or Foley-supply education. The resident reported receiving only a few bottles of tube feeding, having no pump or supplies, going days without oxygen, and having no wound-care supplies or home health aide support after discharge.
A resident with dementia, anxiety, depression, and a BKA was sent to the hospital after yelling at staff and calling 911, but the facility used an AMA form for the transfer even though staff later said AMA paperwork was not meant for hospital transfers. The resident had a court-appointed guardian, the AMA and bed hold paperwork were incomplete, and the facility then refused to take the resident back, leaving the guardian to find another placement.
Failure to Explain Medicaid Share of Cost Before Eviction Notice: A resident with intact cognition and diagnoses including epilepsy, insomnia, and gait/mobility abnormalities was told about unpaid Medicaid share of cost and a pending discharge, but the charge was not fully explained by business office staff and/or the SSD. The SSD could not provide documentation that the share of cost was explained before the initial eviction notice was issued, despite the resident stating the amount was not clearly understood.
Missing Discharge Care Plan
Penalty
Summary
The facility failed to develop a discharge care plan for Resident #83, who was admitted with obsessive-compulsive personality disorder (OCPD). A care plan meeting on 12/01/25 documented that the resident did not wish to attend and that the interdisciplinary team, including the Business Office Manager, Social Worker, DON, and Administrator, discussed that she would remain at the facility short-term, receive psychiatric services before discharging home, and had no barriers to discharge. The admission MDS assessment noted the resident had intact cognition, her overall goal was to discharge to the community, there was no active discharge planning in place, and she did not want to be asked about returning to the community on all MDS assessments. A later care plan meeting on 01/21/26 documented that the resident again did not attend and that her recent inpatient psychiatric admission was discussed, with Family Member #1 stating they now wanted her transferred to a long-term psychiatric facility for treatment. Review of the comprehensive care plan, last revised on 03/03/26, showed no discharge care plan. The discharge-return not anticipated MDS indicated the resident discharged to an inpatient psychiatric facility. During interviews, the SW stated discharge planning begins on admission and that the MDS Coordinator was typically responsible for the discharge care plan, while the MDS Coordinator said there was confusion about whether the MDS Coordinator or SW was responsible and confirmed the resident did not have a discharge care plan. The Administrator stated a discharge care plan should be part of the comprehensive care plan and that the SW was responsible for starting discharge planning on admission and documenting updates as needs or goals changed.
Unsafe discharge and refusal to readmit after hospital transfer
Penalty
Summary
The facility failed to provide a safe and planned discharge to an appropriate facility for one resident who had diagnoses including frontal lobe and executive function deficit stroke, atrial fibrillation, cerebrovascular accident, and hemiparesis. The resident’s MDS also documented the resident as cognitively intact. The resident was transferred to the emergency department for further evaluation and treatment after staff noted possible infection, and the resident stated the transfer was agreed to because the resident was not feeling well and staff said the resident did not look well. After the resident was treated in the emergency department and found stable to return to the facility, multiple hospital staff reported that the facility refused to accept the resident back. The resident stated the resident wanted to return and had not told the facility otherwise until after being told the facility did not want the resident back. The resident also stated facility leadership came to the hospital, was verbally abusive, yelled at the resident, and told the resident the resident could not return because of behavioral issues and money owed to the facility. Hospital staff similarly stated the facility said the resident was not welcomed back and that the resident knew why, and they described the facility representatives as rude, unpleasant, and harassing during discussions about the resident’s return. Facility staff gave conflicting accounts about the resident’s return. The DON stated the resident was sent out for weakness, dizziness, and pallor, and later said the resident refused to sign a bed hold agreement. The Administrator stated the resident had to make changes and pay toward the bill before returning, and the Corporate Nurse later stated the resident was appropriately discharged because the resident said the resident was not going to return. The record also showed the resident’s care plan included the resident’s wish to discharge to another facility or the community at a future date of the resident’s choosing, with referrals to be made to facilities of the resident’s choice. The facility bed hold policy stated private pay residents who do not sign the bed hold/transfer letter, do not pay the bed hold per diem, or communicate they will not be returning will be discharged after written notice.
Failure to Allow Return After Therapeutic Leave and Inadequate Discharge Planning
Penalty
Summary
The facility failed to permit a resident to return after therapeutic leave and failed to develop and implement an effective discharge planning process focused on the resident’s discharge goals. Resident #11 was admitted with diagnoses including a right femur fracture, bipolar disorder, and anxiety disorder. Her baseline care plan listed a goal to discharge to the community with assistance as needed, and her admission assessment showed she was cognitively intact with a BIMS score of 15, had mild depressive symptoms, used a walker and wheelchair, and required partial/moderate assistance with several activities of daily living. The resident had physician orders allowing therapeutic pass with medications, and her admission agreement stated that residents may leave for therapeutic home visits with permission and shall be signed out and back in, with a bedhold policy in place. She also had a nursing home transfer and discharge notice dated 6/12/26 stating she would be discharged for nonpayment effective 7/30/26. Her medical record also showed a recent hospital visit after posterior hip replacement surgery, with instructions to avoid bending the hip more than 90 degrees for the first 6 weeks and a right hip incision noted on the after-visit summary. On 6/30/26, the resident left on pass with a documented plan to return later that day. When she had not returned by early the next morning, staff notified her responsible party and the DON, and a transfer/discharge report was completed showing a discharge date of 6/30/26. Later that day, the resident returned to the facility and stated she had been told she was discharged, that her belongings were packed, and that she had nowhere to go. Staff interviews showed conflicting accounts about whether she had left against medical advice or was allowed to return, while the facility’s therapeutic leave policy stated that residents must be permitted to return after therapeutic leave regardless of payment source and that not permitting return constitutes a discharge. The record also reflected that the resident had lived in a homeless shelter before admission and that the facility discussed discharge because she was not at the facility at midnight and had an outstanding balance.
Incomplete discharge planning and missing supplies for a medically complex resident
Penalty
Summary
The facility failed to ensure a safe and orderly discharge for a resident with multiple complex medical needs, including dysphagia, COPD/emphysema, depression, anxiety, severe protein malnutrition/cachexia, a stage 2 sacral pressure ulcer, urinary retention with a Foley catheter, and a G-tube for enteral feeding. The resident was discharged home/community with services, but the record and interviews showed that discharge planning was incomplete and that key discharge needs were not in place at the time of discharge. The resident reported that when she left the facility she received only four bottles of tube feeding and no education, pump, or other tube-feeding supplies, and that she and her son had to administer the feeding manually. She also reported going 13 days without oxygen and having to contact the oxygen company herself to obtain it at home. She stated that she received no supplies for her pressure ulcer, no home health aide support, and no medical equipment when she returned home. The resident also reported increased pain from the worsened sacral wound after discharge. The discharge documentation reflected missing or incomplete information, including no transportation arrangement, no documented primary provider or follow-up appointments, no pharmacy information, no agencies contacted for home care, and no indication that tube feeding, Foley catheter care/supplies, or wound care supplies were needed. The discharge summary also indicated regular diet and thin liquids, did not select tube feeding, and listed the resident as continent despite the presence of a Foley catheter. Progress notes showed no discharge note from social work or the medical provider, and staff interviews confirmed that home health, DME, oxygen, tube-feeding education, and discharge documentation were not fully in place when the resident left the facility.
Improper AMA paperwork and refusal to readmit after hospital transfer
Penalty
Summary
The facility issued an AMA form when a resident with dementia, anxiety, depression, and a right BKA was transferred to the hospital, even though multiple staff later stated that AMA paperwork was not typically used for a resident going to the hospital. The resident had a court-appointed guardian, and the chart showed the guardian was aware of the resident’s behavior and hospital transfer. The AMA form in the record was largely incomplete, with only the resident’s name and signature, a note that the guardian was aware of the decision, and an RN signature. The resident’s progress note documented that he was yelling at staff, stating he was calling 911 because he did not feel good and the hospital had not helped him. Staff attempted to assess him, vital signs were taken and described as stable, and the guardian was called to discuss the situation. The note stated the resident signed the AMA form, the guardian was aware of the AMA status, and management was notified. A bed hold authorization form was also completed when the resident transferred to the hospital, but the daily rate was blank and there was no notation that the guardian was notified. After the hospital transfer, the facility did not permit the resident to return, and the guardian reported having to find another placement. The hospital social worker stated the resident was not his own decision maker and that the facility refusing to take him back was against the rules. The previous SW stated the AMA policy should not be used when a resident goes to the hospital, but when they go home AMA. The NHA stated the resident had behaviors and was noncompliant, and the DON stated he thought the decision was not to take the resident back from the hospital.
Failure to Explain Medicaid Share of Cost Before Eviction Notice
Penalty
Summary
The facility failed to notify Resident 1 of the Medicaid share of cost in a timely manner and did not explain the charge in a way the resident could easily understand. Resident 1 was admitted to the facility with diagnoses including epilepsy, insomnia, and abnormalities of gait and mobility, and a later MDS showed a BIMS score of 15, indicating intact cognitive function. During an interview, Resident 1 stated that the Social Services Director had given a pending discharge date and that the facility had informed the resident of money owed for several months of unpaid share of cost, but that the charge was not fully explained by business office staff and/or the SSD. During a concurrent interview and record review, the SSD reviewed Resident 1's facility invoice and stated that the resident had not paid the share of cost since 7/1/25. The SSD said the initial eviction notice was given on 4/6/26 and a second notice on 6/19/26, but was unable to provide documentation that the Medicaid share of cost charges were explained to Resident 1 before the initial eviction notice was issued. The facility policy titled Facility-Initiated Transfer/Discharge Policy stated that the facility shall protect each resident's right to remain in the facility and shall not transfer or discharge any resident except as permitted under federal and California law.
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