Failure to Provide Required 30-Day Involuntary Discharge Notice
Summary
The facility failed to provide the required 30-day written notice for an involuntary discharge of a resident who was not allowed to return after hospitalization. The administrator stated the resident was still in the hospital and that the facility had made a corporate-level decision not to permit the resident’s return. The administrator also stated the facility could not meet the resident’s clinical needs and described ongoing conflicts with the resident’s daughter, the amount of facility resources used, and the need for two staff members to provide care to protect themselves against false accusations and allegations. The resident’s family member and legally established POA stated the resident had been sent to the emergency room after a bad day related mostly to medications, then transferred from a local hospital to a more distant hospital for treatment. The family member stated the resident had been cleared for discharge from the hospital for over a week, but the facility would not allow the resident to return. The family member also stated the hospital was trying to locate another nursing home, but none were available in the local area, and that the facility had not provided a 30-day notice for discharge. The Ombudsman confirmed being told by the administrator that the resident would not be allowed to return and confirmed she had not received a copy of a 30-day involuntary discharge notice. Record review showed the resident had a history of multiple admissions and discharges, including 12 short-term hospitalizations with readmissions each time. The resident required assistance with eating, oral hygiene, dressing, toileting, bathing, bed mobility, transfers, and wheelchair propulsion, and was frequently incontinent of bowel and bladder. Facility notes documented attempts to contact the resident and family about picking up belongings, and the administrator later confirmed the resident would not be allowed to return and that no 30-day notice had been issued to the resident or family. The facility policy required involuntary discharge to be preceded by discussion and a written 30-day notice on the Illinois Department of Public Health form, with notification by registered or certified mail.
Penalty
Resources
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