Failure to Permit Resident’s Return and Offer Bed Hold After Hospital Transfer
Summary
The deficiency involves the facility’s failure to allow a resident to return following a hospital transfer and to follow its own transfer/discharge and bed-hold policies. The facility’s policy stated that residents sent emergently to an acute care setting must be permitted to return, and that if the center initiates a discharge while the resident is in the hospital, it must show evidence that the resident’s status at the time of return meets specific regulatory criteria. The resident, admitted with diagnoses including chronic Hepatitis C, traumatic brain injury history, mild cognitive impairment, mood and anxiety disorders, and adjustment disorder, had a care plan goal to remain in LTC at the facility. Prior assessments, including a quarterly MDS, showed intact cognition and no documented physical or verbal behavioral symptoms directed toward others at that time. On the day of transfer, facility documentation described an acute behavioral episode in which the resident was reported as manic, psychotic, delusional, refusing medications and care, and considered a danger to self and others. The DON documented that the resident had a burst of anger, screamed, kicked the entrance door and walls creating holes, and disrupted his room for approximately 30 minutes, leading to notification of law enforcement and EMS and a Baker Act (involuntary emergency examination) order from the psychiatric provider. The DON noted that the behavior was frightening to staff and other alert residents and that the resident needed to be out of the facility for safety. The resident was transported to the hospital under this involuntary status. Hospital records showed that upon admission the resident was calm, cooperative, oriented, and without acute psychiatric distress, and that he did not meet criteria for involuntary inpatient or outpatient psychiatric placement. The Baker Act orders were discontinued, and he was cleared for discharge with outpatient recommendations. Case management and social work became involved because the prior facility refused to accept him back. The facility’s clinical record lacked documentation that a bed-hold policy was offered at the time of transfer, and the DON later acknowledged there was no documentation of a bed hold offer or of the basis for discharge, stating that the emergency contact declined the bed hold and that the regional team decided not to allow the resident to return or be admitted to sister facilities. As a result, the resident was discharged to another nursing home approximately 73 miles away from his family, and his emergency contact reported distress related to his placement and subsequent fall at the new facility.
Penalty
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