Failure to Assess for Readmission and Improper Involuntary Discharge Documentation
Penalty
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.
