Noncompliant Admission Agreement and Failure to Disclose Kosher Diet Requirements
Summary
The deficiency involves the facility’s admission agreement and related documents failing to disclose special service limitations related to the facility’s kosher diet and improperly requiring residents to waive certain rights and facility liability. Record review of the admission packet showed that the Admission Agreement did not contain information about the facility’s kosher dietary practices, despite the facility following a kosher diet. A separate welcome packet included an “Always Available Menu” listing items such as tuna salad, egg salad, turkey, bologna, and pastrami sandwiches, with a note that any alternate chosen must reflect a kosher-appropriate option (dairy for dairy meal, meat for meat meal), but there was no other mention of special dietary considerations. The Hospital Liaison, who speaks with potential residents in the hospital, stated that residents and families are not informed in writing prior to admission that the facility follows a kosher diet, and that she may only casually mention it without explaining what it means unless specifically asked. Further review of the admission documents revealed that the Admission Agreement required the resident and sponsor to agree not to hold the facility responsible for injury or harm that could have been avoided if they had hired a private duty nurse. A separate Risk Acknowledgement form stated that the facility was not responsible for stolen, lost, or damaged personal property and was not responsible for the development of pressure sores, despite regulatory requirements prohibiting waiver of potential facility liability for personal property losses and requiring the facility to provide quality care, including treatment and services to prevent pressure sores. When requested, the NHA was unable to provide proof that the admission agreement had been approved at the time of the change in ownership in 2017 and confirmed that residents were not informed in writing prior to admission that the facility followed a kosher diet. The NHA could not verify that any brochure describing the kosher diet was consistently provided to residents and offered no rationale for the noncompliant admission agreement and risk acknowledgement language.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Surveyors found that the facility’s admission and valuables policies contained language stating the facility would not be responsible for resident money or personal items above a set dollar amount and would not be liable for lost or stolen items except in limited circumstances, effectively requiring residents or their representatives to waive facility liability for personal belongings. Review of records for two residents showed that, although admission agreements were properly signed, required Resident Inventory Listing forms were not completed, contrary to the facility’s own personal property policy. The administrator reported that the staff member responsible for inventories had left and not been replaced and stated that corporate legal guidance was that the facility was not required to replace stolen or missing items, with replacement handled only on a case-by-case basis.
Admission agreement signed without confirmed capacity. A resident with dementia, moderate cognitive impairment on BIMS, and pre-admission concerns for worsening cognition, poor self-care, and frequent falls signed his own admission paperwork. The record did not show attempts to contact his HC POA before the signature, and staff later acknowledged the resident was confused and that a psych note described cognitive deficits and memory gaps requiring POA support.
Missing Required Admission Documentation: The facility failed to maintain required written admission information for a cognitively intact resident admitted with cervical myelopathy and generalized muscle weakness. The record lacked evidence that the resident and/or resident representative received and acknowledged key admission materials, including patient portion liability, daily rate cost structure, resident rights, appeal rights, consent to treatment, ancillary service choices, bed hold policy, and consequences for nonpayment. The NHA confirmed admission paperwork should be reviewed on admission, but documentation for this resident was not present.
A resident admitted with diverticulosis and a cognitive communication deficit did not receive required admission documents at or before admission. The admissions packet was generated but later found unsigned and was only sent by certified mail after the resident had already discharged. The resident’s family confirmed the documents were received post-discharge. The Admissions Director acknowledged that some residents had not been given admission documents upon admission and that he mailed them later, citing frequent turnover in the admissions role. The DNS stated she expected admission documents to be provided timely.
Failure to complete and document an admission agreement for a resident. Record review showed no admission agreement for the resident's initial admission or readmission after hospitalization. The AD stated she spoke with the resident once about the paperwork but did not document the conversation, and the facility policy and AD job description identified responsibilities related to the admission process and explaining admission paperwork.
A resident with hemiplegia/hemiparesis and intact cognition was admitted under Medicare A, but the facility's admission packet included language requiring a waiver of the 30-day written discharge notice for post-acute care. Surveyors found the resident was transferred when Medicare payment ended, and staff stated the resident was not offered the option to remain at the facility because Medicaid was needed. The resident and spouse said they would have stayed if that option had been offered.
Noncompliant Admission Liability Language and Missing Resident Property Inventories
Penalty
Summary
Facility staff failed to ensure that admission policies and documents complied with requirements regarding resident property and financial protections. Review of the facility’s undated "Cash and Valuables Policy Update" showed language stating the facility would not be responsible for any money or personal items exceeding a $40.00 limit. The admission agreement dated 02/2018 further stated the facility would not be liable for any resident items that were lost or stolen, except for items noted for replacement under state guidelines. These provisions effectively required residents and/or responsible parties to waive facility liability for loss or damage to personal belongings as a condition of admission, contrary to regulatory requirements that residents not be required to give up Medicare or Medicaid benefits or pay privately as a condition of admission, and that they be informed of what care the facility does not provide. In addition, the facility did not follow its own "Personal Property" policy dated 12/2024, which required that residents’ personal belongings and clothing be inventoried and documented upon admission and as items were replenished. Record review for two residents showed that, although admission agreements were signed and dated by the residents/responsible parties and a facility representative in April 2026, there was no documentation that staff completed a Resident Inventory Listing form for either resident. During an interview, the administrator stated that the staff person responsible for completing inventory lists had quit and had not been replaced, and acknowledged that inventory sheets for these residents could not be located. The administrator also reported that the corporate legal department advised that in Missouri the facility was not required to replace stolen or missing items, and that the policy stated the facility was not responsible for replacing missing or stolen items except on a case-by-case basis.
Admission Agreement Signed Without Confirmed Capacity
Penalty
Summary
The facility failed to ensure that one resident had the capacity to understand the terms of the admission agreement before signing it. Resident R64 was admitted with diagnoses including hypertension, hyperlipidemia, and dementia, and the admission MDS showed a BIMS score of 11, indicating moderate cognitive impairment. Pre-admission hospital documentation described the resident as a poor historian with cognitive impairment/dementia that was likely worsening, along with concerns about inability to care for self, frequent falls, balance problems, and not taking medications for months. The record showed that Resident R64's admission agreement was completed and signed by the resident, even though the clinical record did not include documentation that attempts were made to contact the resident's health care POA. The resident's POA was listed in the pre-admission paperwork and on the Durable Health Care POA document, but the facility did not document efforts to involve that representative before the resident signed the paperwork. A nursing note also described the resident as very confused and slightly agitated, and the social worker documented family concerns about the current POA's intentions and finances. During interview, the NHA stated the resident signed his own paperwork because no one was answering the phone and the family thought the POA was stealing his money. The NHA also stated that it took until December to get someone to evaluate the resident for capacity, and referenced a psychology note that said the resident had cognitive deficits and memory gaps and needed a POA to help with medical, financial, and other needs. Despite this, the facility allowed the resident to sign the admission agreement, and the NHA confirmed the facility failed to ensure the resident had the capacity to understand the terms of the admission agreement.
Missing Required Admission Documentation
Penalty
Summary
The facility failed to provide and maintain required written admission information and documentation for one of 17 residents reviewed, Resident 63. The facility policy titled Admissions Policy stated the facility would admit only individuals whose clinical, physical, psychosocial, and emotional needs could be met by the facility. The admission agreement reviewed included services, charges and fees, termination of the agreement, and miscellaneous areas to be reviewed with each newly admitted resident and/or resident representative, along with a signature page. Resident 63 was admitted with diagnoses including cervical myelopathy and generalized muscle weakness and was later discharged from the facility. The admission MDS dated January 5, 2026, showed the resident was cognitively intact with a BIMS score of 15 and that the resident and resident representative participated in the assessment process. However, the clinical record, including social service documentation and communication with the resident's family, did not contain documented evidence that required admission information was provided and acknowledged at admission. Missing documentation included written information regarding patient portion liability, daily rate cost structure, resident rights, appeal rights, consent to treatment, the right to choose ancillary services, bed hold policy, and consequences for failure to pay. The Nursing Home Administrator confirmed that admission paperwork is to be reviewed with each resident and/or resident representative upon admission, but no documented evidence was provided that this was completed for Resident 63.
Failure to Provide Admission Documents at or Before Admission
Penalty
Summary
The facility failed to ensure that a resident received required admission documents at or before admission, as required for resident rights and understanding of services. One resident admitted in October 2025 with diagnoses including diverticulosis and a cognitive communication deficit did not receive the admission packet at the time of admission. A certified mail receipt dated February 6, 2026, with a handwritten note showed that the admissions packet had originally been generated on October 30, 2025, but it was later discovered that it was not signed. The packet was subsequently sent to the resident by certified mail, and the resident’s family member confirmed that the admission documents were not received until after the resident had discharged from the facility. The Admissions Director stated he noticed that some residents had not received their admission documents upon admission and that he mailed the documents to those residents, also noting that many staff had been in the admissions position and some had been terminated or had quit. The DNS stated she expected staff to provide residents their admission documents in a timely manner.
Failure to Complete and Document Admission Agreement
Penalty
Summary
The facility failed to implement its admissions policy for one resident reviewed for admission agreements. A review of the resident's record showed no admission agreement present for the initial admission or for the readmission following hospitalization. The record also verified an initial admission date of 9/26/25 with the most recent admission on [DATE]. During an interview on 2/11/26 at 9:10 AM, the Admissions Director stated she did not start until November 2025, but she had spoken with the resident one time about the admission agreement and did not document that conversation anywhere. Review of the facility's Admissions Process - IDT policy showed the facility was to follow a consistent and complete admission process, and the Admissions Director position description stated the director was responsible for providing, reviewing, and explaining admission paperwork and policies to the resident and/or guardian.
Admission Agreement Included Waiver of 30-Day Discharge Notice
Penalty
Summary
The facility failed to ensure its admission agreement did not require residents to waive their right to receive 30-day written notice of discharge. During review of the entrance binder, the surveyor found a 44-page Welcome Packet used as the admission agreement. In the section titled Notice of Resident's Rights Regarding Transfer or discharge, the packet stated that residents generally cannot be transferred or discharged until 30 days after receiving facility notice unless they agree to an earlier date. The surveyor also reviewed Resident #71's closed EMR. The resident had diagnoses including hemiplegia and hemiparesis, and the admission MDS showed a BIMS score of 15/15, indicating the resident was cognitively intact. The resident was admitted with Medicare A, and payment ended on 12/4/25. A nursing progress note documented that the resident was transferred to another facility on 12/4/25, and a social service note also reflected the transfer. Two social workers stated the facility was dually certified but confirmed there were no current Medicaid residents and that they would not assist someone who required Medicaid. One social worker stated Resident #71 was never offered the option to stay at the facility because the resident needed Medicaid and that this was not documented in the record. The resident and spouse later stated they were told the transfer occurred because the payment source was ending and that the resident could only go to the receiving facility because it accepted pending Medicaid; they said they would have stayed at the prior facility if offered the option. The admission packet in the EMR, electronically signed by the resident, included an addendum for short-term post-acute rehabilitation care stating the resident and representative waived the right to a 30-day written notice of discharge when admitted for post-acute services.
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