Failure to Explain Medicaid Share of Cost Before Eviction Notice
Summary
The facility failed to notify Resident 1 of the Medicaid share of cost in a timely manner and did not explain the charge in a way the resident could easily understand. Resident 1 was admitted to the facility with diagnoses including epilepsy, insomnia, and abnormalities of gait and mobility, and a later MDS showed a BIMS score of 15, indicating intact cognitive function. During an interview, Resident 1 stated that the Social Services Director had given a pending discharge date and that the facility had informed the resident of money owed for several months of unpaid share of cost, but that the charge was not fully explained by business office staff and/or the SSD. During a concurrent interview and record review, the SSD reviewed Resident 1's facility invoice and stated that the resident had not paid the share of cost since 7/1/25. The SSD said the initial eviction notice was given on 4/6/26 and a second notice on 6/19/26, but was unable to provide documentation that the Medicaid share of cost charges were explained to Resident 1 before the initial eviction notice was issued. The facility policy titled Facility-Initiated Transfer/Discharge Policy stated that the facility shall protect each resident's right to remain in the facility and shall not transfer or discharge any resident except as permitted under federal and California law.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Missing Discharge Care Plan: A resident with OCPD and intact cognition did not have a discharge care plan despite care plan meetings discussing short-term stay, psychiatric services, and later transfer to a long-term psych facility. The comprehensive care plan had no discharge plan, and staff interviews showed confusion between the SW and MDS Coordinator about who was responsible for developing it.
A resident with stroke-related deficits, AFib, CVA, and hemiparesis was sent to the ED for possible infection and later found stable to return, but facility leadership refused readmission. Hospital staff and the resident reported the resident wanted to come back, while the Administrator, DON, and Corporate Nurse gave conflicting explanations tied to a bed hold form, alleged behavior issues, and money owed. The resident also reported being yelled at and pressured during hospital meetings about returning.
A resident with a recent hip fracture, bipolar disorder, and anxiety disorder was allowed out on therapeutic pass but was not permitted to return when she came back after the pass. Staff completed discharge paperwork, packed her belongings, and treated her as discharged even though the facility’s policy stated residents must be allowed to return after therapeutic leave regardless of payment source. The resident said she had nowhere to go, and the record showed conflicting staff accounts about whether she had left AMA or could return.
A resident with a G-tube, Foley catheter, oxygen needs, malnutrition, and a stage 2 sacral pressure ulcer was discharged without a safe, orderly plan in place. The record showed missing discharge documentation, no confirmed home health or DME arrangements, and no documented tube-feeding, wound-care, or Foley-supply education. The resident reported receiving only a few bottles of tube feeding, having no pump or supplies, going days without oxygen, and having no wound-care supplies or home health aide support after discharge.
A resident with dementia, anxiety, depression, and a BKA was sent to the hospital after yelling at staff and calling 911, but the facility used an AMA form for the transfer even though staff later said AMA paperwork was not meant for hospital transfers. The resident had a court-appointed guardian, the AMA and bed hold paperwork were incomplete, and the facility then refused to take the resident back, leaving the guardian to find another placement.
A resident with CHF, DM2, COPD, PVD, HTN, and PTSD received discharge notices after making threats toward the Administrator and was sent for psych eval. After the hospital cleared him and documented that he was calm, cooperative, and denied SI/HI, the facility still refused readmission, told hospital staff he could not return, and left him without a safe discharge location while the Ombudsman noted the discharge paperwork was improper.
Missing Discharge Care Plan
Penalty
Summary
The facility failed to develop a discharge care plan for Resident #83, who was admitted with obsessive-compulsive personality disorder (OCPD). A care plan meeting on 12/01/25 documented that the resident did not wish to attend and that the interdisciplinary team, including the Business Office Manager, Social Worker, DON, and Administrator, discussed that she would remain at the facility short-term, receive psychiatric services before discharging home, and had no barriers to discharge. The admission MDS assessment noted the resident had intact cognition, her overall goal was to discharge to the community, there was no active discharge planning in place, and she did not want to be asked about returning to the community on all MDS assessments. A later care plan meeting on 01/21/26 documented that the resident again did not attend and that her recent inpatient psychiatric admission was discussed, with Family Member #1 stating they now wanted her transferred to a long-term psychiatric facility for treatment. Review of the comprehensive care plan, last revised on 03/03/26, showed no discharge care plan. The discharge-return not anticipated MDS indicated the resident discharged to an inpatient psychiatric facility. During interviews, the SW stated discharge planning begins on admission and that the MDS Coordinator was typically responsible for the discharge care plan, while the MDS Coordinator said there was confusion about whether the MDS Coordinator or SW was responsible and confirmed the resident did not have a discharge care plan. The Administrator stated a discharge care plan should be part of the comprehensive care plan and that the SW was responsible for starting discharge planning on admission and documenting updates as needs or goals changed.
Unsafe discharge and refusal to readmit after hospital transfer
Penalty
Summary
The facility failed to provide a safe and planned discharge to an appropriate facility for one resident who had diagnoses including frontal lobe and executive function deficit stroke, atrial fibrillation, cerebrovascular accident, and hemiparesis. The resident’s MDS also documented the resident as cognitively intact. The resident was transferred to the emergency department for further evaluation and treatment after staff noted possible infection, and the resident stated the transfer was agreed to because the resident was not feeling well and staff said the resident did not look well. After the resident was treated in the emergency department and found stable to return to the facility, multiple hospital staff reported that the facility refused to accept the resident back. The resident stated the resident wanted to return and had not told the facility otherwise until after being told the facility did not want the resident back. The resident also stated facility leadership came to the hospital, was verbally abusive, yelled at the resident, and told the resident the resident could not return because of behavioral issues and money owed to the facility. Hospital staff similarly stated the facility said the resident was not welcomed back and that the resident knew why, and they described the facility representatives as rude, unpleasant, and harassing during discussions about the resident’s return. Facility staff gave conflicting accounts about the resident’s return. The DON stated the resident was sent out for weakness, dizziness, and pallor, and later said the resident refused to sign a bed hold agreement. The Administrator stated the resident had to make changes and pay toward the bill before returning, and the Corporate Nurse later stated the resident was appropriately discharged because the resident said the resident was not going to return. The record also showed the resident’s care plan included the resident’s wish to discharge to another facility or the community at a future date of the resident’s choosing, with referrals to be made to facilities of the resident’s choice. The facility bed hold policy stated private pay residents who do not sign the bed hold/transfer letter, do not pay the bed hold per diem, or communicate they will not be returning will be discharged after written notice.
Failure to Allow Return After Therapeutic Leave and Inadequate Discharge Planning
Penalty
Summary
The facility failed to permit a resident to return after therapeutic leave and failed to develop and implement an effective discharge planning process focused on the resident’s discharge goals. Resident #11 was admitted with diagnoses including a right femur fracture, bipolar disorder, and anxiety disorder. Her baseline care plan listed a goal to discharge to the community with assistance as needed, and her admission assessment showed she was cognitively intact with a BIMS score of 15, had mild depressive symptoms, used a walker and wheelchair, and required partial/moderate assistance with several activities of daily living. The resident had physician orders allowing therapeutic pass with medications, and her admission agreement stated that residents may leave for therapeutic home visits with permission and shall be signed out and back in, with a bedhold policy in place. She also had a nursing home transfer and discharge notice dated 6/12/26 stating she would be discharged for nonpayment effective 7/30/26. Her medical record also showed a recent hospital visit after posterior hip replacement surgery, with instructions to avoid bending the hip more than 90 degrees for the first 6 weeks and a right hip incision noted on the after-visit summary. On 6/30/26, the resident left on pass with a documented plan to return later that day. When she had not returned by early the next morning, staff notified her responsible party and the DON, and a transfer/discharge report was completed showing a discharge date of 6/30/26. Later that day, the resident returned to the facility and stated she had been told she was discharged, that her belongings were packed, and that she had nowhere to go. Staff interviews showed conflicting accounts about whether she had left against medical advice or was allowed to return, while the facility’s therapeutic leave policy stated that residents must be permitted to return after therapeutic leave regardless of payment source and that not permitting return constitutes a discharge. The record also reflected that the resident had lived in a homeless shelter before admission and that the facility discussed discharge because she was not at the facility at midnight and had an outstanding balance.
Incomplete discharge planning and missing supplies for a medically complex resident
Penalty
Summary
The facility failed to ensure a safe and orderly discharge for a resident with multiple complex medical needs, including dysphagia, COPD/emphysema, depression, anxiety, severe protein malnutrition/cachexia, a stage 2 sacral pressure ulcer, urinary retention with a Foley catheter, and a G-tube for enteral feeding. The resident was discharged home/community with services, but the record and interviews showed that discharge planning was incomplete and that key discharge needs were not in place at the time of discharge. The resident reported that when she left the facility she received only four bottles of tube feeding and no education, pump, or other tube-feeding supplies, and that she and her son had to administer the feeding manually. She also reported going 13 days without oxygen and having to contact the oxygen company herself to obtain it at home. She stated that she received no supplies for her pressure ulcer, no home health aide support, and no medical equipment when she returned home. The resident also reported increased pain from the worsened sacral wound after discharge. The discharge documentation reflected missing or incomplete information, including no transportation arrangement, no documented primary provider or follow-up appointments, no pharmacy information, no agencies contacted for home care, and no indication that tube feeding, Foley catheter care/supplies, or wound care supplies were needed. The discharge summary also indicated regular diet and thin liquids, did not select tube feeding, and listed the resident as continent despite the presence of a Foley catheter. Progress notes showed no discharge note from social work or the medical provider, and staff interviews confirmed that home health, DME, oxygen, tube-feeding education, and discharge documentation were not fully in place when the resident left the facility.
Improper AMA paperwork and refusal to readmit after hospital transfer
Penalty
Summary
The facility issued an AMA form when a resident with dementia, anxiety, depression, and a right BKA was transferred to the hospital, even though multiple staff later stated that AMA paperwork was not typically used for a resident going to the hospital. The resident had a court-appointed guardian, and the chart showed the guardian was aware of the resident’s behavior and hospital transfer. The AMA form in the record was largely incomplete, with only the resident’s name and signature, a note that the guardian was aware of the decision, and an RN signature. The resident’s progress note documented that he was yelling at staff, stating he was calling 911 because he did not feel good and the hospital had not helped him. Staff attempted to assess him, vital signs were taken and described as stable, and the guardian was called to discuss the situation. The note stated the resident signed the AMA form, the guardian was aware of the AMA status, and management was notified. A bed hold authorization form was also completed when the resident transferred to the hospital, but the daily rate was blank and there was no notation that the guardian was notified. After the hospital transfer, the facility did not permit the resident to return, and the guardian reported having to find another placement. The hospital social worker stated the resident was not his own decision maker and that the facility refusing to take him back was against the rules. The previous SW stated the AMA policy should not be used when a resident goes to the hospital, but when they go home AMA. The NHA stated the resident had behaviors and was noncompliant, and the DON stated he thought the decision was not to take the resident back from the hospital.
Failure to Readmit Resident After Psychiatric Stabilization
Penalty
Summary
The facility failed to readmit a resident after issuing discharge notices and after the resident was hospitalized for psychiatric evaluation following threats toward the Administrator. Resident #69 had diagnoses including heart failure, type II diabetes mellitus, COPD, PVD, hypertension, and PTSD, and had been admitted for long-term placement after eviction from his apartment because he could not care for himself or the apartment. His record showed intact cognition, extensive assistance needs for all ADLs, and a care plan noting he was resistive to care. A 30-day discharge notice was signed and stated the facility was unable to meet his care needs and that he was a danger to others, followed by an immediate discharge notice the same day stating he posed a risk and danger to residents and staff. After the discharge notice, the resident became distressed and was documented as making homicidal statements about shooting the Administrator and ordering a gun. He was sent to the emergency department for psychiatric evaluation and later hospitalized. Hospital documentation showed he was medically cleared, admitted to psychiatry, and then became calm, cooperative, and denied suicidal or homicidal ideation, intent, or plan. Hospital staff and the Ombudsman communicated that the resident was ready to return, that there were no current behavioral concerns, and that the issue was that the facility was not properly discharging him because the hospital was not a discharge location. Despite the hospital’s determination that the resident was stable and ready to return, the facility told hospital social work staff that he was not permitted to come back. The facility social worker did not learn until two weeks after transfer that the resident had no safe discharge location and only then began referrals. The Regional Clinical Director confirmed the facility refused readmission even though the hospital had determined the resident was medically and psychiatrically stable, and acknowledged the decision was based on the resident’s earlier verbal statement about ordering a gun, which was not verified. The resident remained hospitalized without evidence of acute medical or psychological need for continued hospitalization because the facility would not allow him to return, pending a discharge hearing or placement elsewhere.
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