Failure to Notify State Ombudsman of Resident Hospital Transfers
Summary
The deficiency involves the facility’s failure to provide required copies of transfer or discharge notices to the State Long Term Care Ombudsman for residents who were hospitalized. Facility policy titled “Discharge Notice,” last revised 06/2025, states that when a resident is temporarily transferred on an emergency basis to an acute care facility, notice of the transfer may be provided to the resident and resident representative as soon as practicable, and that copies of notices for emergency transfers must also be sent to the Ombudsman, which may be done when practicable, such as in a monthly list. For Resident #14, who had diagnoses including fracture of the right femur, essential hypertension, and dementia, nursing progress notes documented admission to the hospital on 11/16/2025 with a right hip fracture. A transfer/discharge notice dated 11/16/2025 showed the resident representative’s signature dated 11/17/2025, and a bed-hold policy form dated 11/18/2025 also had the representative’s signature. However, there was no documented evidence that the New York State Ombudsman office was notified of this transfer. For Resident #153, who had diagnoses including unspecified dementia and malignant neoplasm of the left breast, a nursing progress note dated 11/13/2025 documented that the resident was sent to the hospital due to uncontrolled pain. A transfer/discharge notice dated 11/15/2025 documented that the resident representative was verbally notified on 11/13/2025, and a nursing progress note dated 11/14/2025 recorded that the emergency room nurse reported the designated representative was at the bedside requesting transfer to hospice for end-of-life care. Despite this documentation of the transfer and representative notification, there was no documented evidence that the New York State Ombudsman office was notified of the 11/13/2025 transfer. During interview, the Director of Social Work stated they kept a binder with a monthly transfer/discharge list, completed transfer/discharge forms, and bed-hold forms available for Ombudsman review, but acknowledged that they had not sent or emailed copies of completed transfer/discharge notification forms or a monthly transfer/discharge list to the Ombudsman office during the last six months. The Ombudsman confirmed they had not received copies of the transfer/discharge notifications for these residents and had not received a monthly list of discharged/transferred residents since April 2025.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Provide Written Discharge Notice: A cognitively intact resident with osteomyelitis, paraplegia, and chronic pain syndrome was discharged AMA, but the discharge notice in the record had no resident signature confirming receipt. The SSD and CNO initialed the form, and the SSD stated the resident did not receive a copy because he left and did not return, while the CEO was unsure whether written notice was provided.
A resident left the facility against medical advice, but the EMR lacked documentation that the LTC Ombudsman was notified in writing of the discharge. In a separate case, another resident was discharged to the community, but the record lacked a discharge summary with a recap of the stay and medication reconciliation; staff stated nursing and social services were responsible for discharge documentation and planning.
Failure to Send Transfer Information and Provide Bed-Hold Notice: The facility did not document that necessary clinical information was sent to the receiving provider when several residents were transferred to the hospital, including residents with CHF, AFib, dementia, CVA history, respiratory failure, sepsis, pneumonitis, depression, HTN, and weakness. The facility also lacked evidence that written bed-hold policy information was given to residents and/or their representatives at transfer, despite policy requiring notice of bed-hold rights, reserve bed payment details, and the per diem rate to hold the bed.
The facility failed to provide written bed-hold notice to two residents at the time of hospital transfer. One resident was admitted for skilled services and had multiple hospital transfers without documentation of a bed-hold notice, and another resident was sent to the hospital for evaluation without receiving the required notice. Staff confirmed the notices were not provided because the facility does not give written bed-hold notice for residents transferred to the hospital.
A resident’s discharge record was incomplete and did not accurately reflect the resident’s condition at transfer to a boarding care facility. The chart included HF, DM2, cerebral infarction, and aphasia, but omitted dementia with psychosis from the DS and other transfer documents sent by the SSD. The DON acknowledged the DS and MDS were not updated for accuracy, while the MAR received by the boarding care facility did include psychosis.
A resident with obesity, a T-11 to T-12 SCI, multiple rib fractures, and a dislocated elbow was discharged to another SNF, but the facility did not provide recent information about a non-injury fall and an abuse-related sexual behavior allegation. Staff acknowledged no verbal report was given before discharge, and the receiving facility reported the resident arrived without authorization, report, or orders.
Failure to Provide Written Discharge Notice
Penalty
Summary
The facility failed to ensure that a written notice of discharge was provided to Resident #37, who was discharged from the facility. The facility’s policy required written notice of transfer or discharge to the resident, the resident’s representative, and the Office of the State Long-Term Care Ombudsman, and required the notice to include the reason for discharge, the effective date, the destination, and ombudsman contact information. Resident #37 was admitted with diagnoses including other chronic osteomyelitis, paraplegia, and chronic pain syndrome, and an admission MDS documented that he was cognitively intact. The Notice of Discharge or Transfer form in the resident’s record was dated 5/21/26, but there was no resident signature in the verification of receipt section. Instead, the form stated that Resident #37 left the facility against medical advice (AMA) and included the initials of the SSD and CNO. The CEO stated the SSD was responsible for discharges and transfers and that the facility had obtained a current address for Resident #37, but did not know whether he received written notice. The SSD stated that Resident #37 did not receive a copy of the notice because he left the facility and did not return, and there was no address to mail it to him.
Missing Ombudsman Notification and Discharge Summary Documentation
Penalty
Summary
The facility failed to notify the Long-Term Care Ombudsman in writing of Resident 53’s discharge from the facility. Resident 53’s records showed admission to the facility and a discharge return not anticipated MDS dated 05/07/2026 documenting discharge to the community on 05/07/2026. A social service progress note on 05/07/2026 at 1:30 PM stated the resident did not want to stay at the facility and left against medical advice, but the EMR lacked documentation that the Ombudsman was notified of the discharge. The facility was unable to provide such documentation when requested, and administrative staff confirmed the facility had not been notifying the Ombudsman of resident discharges prior to the survey. The facility also failed to complete a discharge summary for Resident 6 that included a recapitulation of the resident’s stay and/or reconciliation of medications after discharge. Resident 6’s admission MDS documented admission to the facility, and a progress note dated 06/29/2026 recorded discharge orders received for discharge to the community. However, the EMR lacked a discharge summary addressing the resident’s stay or medication reconciliation. Staff interviews indicated that nursing staff should ensure discharge orders, complete a discharge assessment to recap the resident’s stay, reconcile medications, and document medication disposition, while social services should open the discharge evaluation and set up the discharge plan. Administrative staff confirmed the record lacked the required discharge summary information.
Failure to Send Transfer Information and Provide Bed-Hold Notice
Penalty
Summary
The facility failed to ensure that necessary resident information was communicated to the receiving health care provider when residents were transferred to the hospital. Review of clinical records showed that Resident R2, who had heart failure, atrial fibrillation, and dementia, had hospital transfers documented on 3/24/26 and 6/23/26, but the record lacked evidence that necessary clinical information was sent with the resident. Resident R5, with diagnoses including unspecified cerebrovascular disease, respiratory failure, dementia, and swallowing difficulty, had a hospital transfer documented on 5/10/26, and the record also lacked evidence that necessary clinical information was communicated to the receiving provider. Resident R43, diagnosed with sepsis, pneumonitis due to inhalation of food and vomit, and swallowing difficulty, had a transfer to the hospital on 5/28/26, and the record lacked evidence of communication of necessary clinical information. Resident R55, with depression, hypertension, and muscle weakness, had transfers documented on 5/29/26 and 6/17/26, and the record lacked evidence that necessary clinical information was communicated. Resident R94, with hypertension, dementia, and heart failure, had transfers documented on 11/13/25, 1/4/26, and 4/10/26, and the record lacked evidence that necessary clinical information was communicated to the receiving health care provider. The facility also failed to provide written bed-hold policy information to residents and/or their representatives upon transfer. The facility policy stated that prior to transfer, written information would be given explaining the resident’s rights and limitations regarding bed-hold, the reserve bed payment policy, the per diem rate required to hold the bed, and the details of the transfer. However, the clinical records for Resident R5, Resident R43, Resident R55, and Resident R94 lacked evidence that they and/or their representatives were provided a copy of the bed-hold policy at the time of transfer. During interview, the DON confirmed that the clinical information should have been provided to the receiving health care provider and that the bed-hold policy should have been provided to the resident or representative upon transfer.
Failure to Provide Written Bed-Hold Notice at Hospital Transfer
Penalty
Summary
The facility failed to provide written bed-hold notice at the time of hospital transfer for 2 of 2 residents reviewed for hospitalizations. Resident #4 was admitted for skilled services and was transferred to the hospital on 3/9/26, 4/28/26, and 6/25/26, but there was no documentation that a written bed-hold notice was provided at the time of any of those transfers. Resident #4 confirmed during interview that they did not receive a written bed-hold notice related to the hospital transfers. Resident #23 was sent to the hospital for evaluation on 6/9/26, and there was no documentation that a written bed-hold notice was provided at the time of transfer. Staff A confirmed that Resident #23 was not provided a written bed-hold notice at the time of the hospital transfer, and later confirmed that Resident #4 and Resident #23 were not provided written bed-hold notices for the hospital transfers because the facility does not provide written bed-hold notice for residents transferred to the hospital.
Incomplete Discharge Documentation for Resident with Dementia and Psychosis
Penalty
Summary
The facility failed to ensure Resident 1’s discharge record was complete and accurately reflected the resident’s clinical condition and care needs at the time of transfer to a boarding care facility. Resident 1’s record showed admission with diagnoses including heart failure and type 2 diabetes mellitus. The MDS dated 4/3/2026 indicated moderately impaired cognitive skills for daily decisions and need for supervision or touching assistance with several ADLs. Earlier records included an H&P stating the resident had capacity to understand and make decisions, while later physician and psychiatry progress notes documented dementia with psychosis, unspecified psychosis, insomnia, and dementia. The discharge summary dated 5/29/2026 stated the resident’s health had improved sufficiently and listed diagnoses including cerebral infarction, aphasia following cerebral infarction, heart failure, and type 2 diabetes, but it did not include dementia with psychosis. The SSD stated she sent the boarding care facility the face sheet, medication review, and H&P, and that dementia with psychosis was not included in the documents sent. The SSD stated she was not aware of that diagnosis and noted miscommunication between the MDs and facility staff. The DON stated the boarding care facility received the MAR, which included psychosis, and acknowledged the discharge summary and MDS failed to update the diagnosis of dementia for accuracy. The facility policy required documentation of all services provided and changes in medical, physical, functional, or psychosocial condition in the resident’s medical record.
Failure to Communicate Recent Fall and Abuse Allegation at Discharge
Penalty
Summary
The facility failed to ensure discharge planning included providing recent information related to an abuse allegation and a recent fall for one resident who was being discharged to another skilled nursing facility. The resident was admitted with diagnoses including obesity, a T-11 to T-12 spinal cord injury, multiple fractured ribs, and dislocation of the right ulnohumeral joint. The admission MDS documented the resident was cognitively intact, had no behaviors, was dependent on staff for bathing and transfers, and was frequently incontinent of bladder and bowel. A social services note documented that the accepting facility had been contacted and discharge was planned. However, progress notes documented the resident had a non-injury fall in the activity room and later exhibited inappropriate sexual behavior toward female residents, including exposing his genitalia and making unwanted sexual propositions, after which he was placed on 1:1 observation. Staff later acknowledged the accepting facility was not contacted to provide a verbal report before discharge, and the accepting facility reported the resident arrived without authorization, without a report, and without orders. Staff also acknowledged they were unsure whether the accepting facility had been notified of the fall or the sexual abuse allegation prior to discharge.
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