Failure to Notify Conservator of Resident’s Death
Summary
The facility failed to notify the Conservator of one sampled resident when the resident died. The resident had an Order Appointing Probate Conservator showing the responsible party as the Conservator, and a hospital progress note indicated conservatorship paperwork had been initiated because of impaired decision-making capacity. The resident’s records also showed diagnoses including cerebral infarction, dementia, dysphagia, and essential hypertension, and the resident was admitted with the facility later discharging the resident as deceased. The resident’s hospital discharge summary indicated the hospital discussed placement at SNF 1 with the Conservator, who was agreeable to the transfer. The resident’s history and physical stated the resident did not have the capacity to make decisions. Although the Minimum Data Set indicated the resident had the ability to make self understood and was usually understood, the Conservator stated she was never contacted by SNF 1 when the resident was admitted and did not sign admission documents. She stated she made several attempts to call the facility and only later learned the resident had been processed as a bioethics client because staff believed the resident had no family or next of kin. During interviews, the admission coordinator stated she completed the admission record and determined the resident was a bioethics resident because the hospital case manager said the resident had family members who were not involved; she also stated she did not contact the family despite seeing emergency contacts listed. A social service assistant stated the facility usually tries to reach a conservator, but she only called the county conservatorship office once, left a message, and did not document the calls consistently. The assistant stated that if the facility did not establish the resident’s conservatorship, there would be a lack of communication, and that the facility violated the resident’s wishes because conservators are there to establish and advocate for the resident’s wishes.
Penalty
Resources
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