|§483.10(g)(4) The resident has the right to receive notices orally (meaning spoken) and in writing (including Braille) in a format and a language he or she understands, including:|
(i) Required notices as specified in this section. The facility must furnish to each resident a written description of legal rights which includes -
(A) A description of the manner of protecting personal funds, under paragraph (f)(10) of this section;
(B) A description of the requirements and procedures for establishing eligibility for Medicaid, including the right to request an assessment of resources under section 1924(c) of the Social Security Act.
(C) A list of names, addresses (mailing and email), and telephone numbers of all pertinent State regulatory and informational agencies, resident advocacy groups such as the State Survey Agency, the State licensure office, the State Long-Term Care Ombudsman program, the protection and advocacy agency, adult protective services where state law provides for jurisdiction in long-term care facilities, the local contact agency for information about returning to the community and the Medicaid Fraud Control Unit; and
(D) A statement that the resident may file a complaint with the State Survey Agency concerning any suspected violation of state or federal nursing facility regulations, including but not limited to resident abuse, neglect, exploitation, misappropriation of resident property in the facility, non-compliance with the advance directives requirements and requests for information regarding returning to the community.
(ii) Information and contact information for State and local advocacy organizations including but not limited to the State Survey Agency, the State Long-Term Care Ombudsman program (established under section 712 of the Older Americans Act of 1965, as amended 2016 (42 U.S.C. 3001 et seq) and the protection and advocacy system (as designated by the state, and as established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.)
(iii) Information regarding Medicare and Medicaid eligibility and coverage;
(iv) Contact information for the Aging and Disability Resource Center (established under Section 202(a)(20)(B)(iii) of the Older Americans Act); or other No Wrong Door Program;
(v) Contact information for the Medicaid Fraud Control Unit; and
(vi) Information and contact information for filing grievances or complaints concerning any suspected violation of state or federal nursing facility regulations, including but not limited to resident abuse, neglect, exploitation, misappropriation of resident property in the facility, non-compliance with the advance directives requirements and requests for information regarding returning to the community.
Based on facility document review, group interview, observations and staff interview, it was determined that the facility failed to display pertinent information to residents about contacting the Ombudsman, the State Department of Health, Adult Protective Services, and the Medicaid Fraud Control Unit as required on three of three nursing units and for seven of seven group residents (Resident R600, R601, R602, R603, R604, R605, and R606).
During the resident group meeting conducted on 4/2/19, at approximately 11:00 a.m. seven of seven residents (Resident R600, R601, R602, R603, R604, R605, and R606) expressed that they were unaware of where the Ombudsman's contact information was posted.
Observations conducted on 4/5/19, at 11:45 a.m. failed to reveal required postings of the Ombudsman's business email address, the Department of Health's business email address, contact information for Adult Protective Services, and contact information for the Medicaid Fraud Control Unit.
During an interview on 4/5/19, at 1:00 p.m. the Nursing Home Administrator confirmed that the facility does not have the required postings available to facility residents.
28 Pa. Code 201.18(a)(b)(e)(1) Management.
28 Pa. Code 201.29(a) Resident rights.
| ||Plan of Correction - To be completed: 05/21/2019|
-The facility recognizes that the required posting for pertinent contact information for all agencies was not available on all nursing units.
-Resident 601,602, 603, 604, 605 and 606 have been provided information for contacting the ombudsman.
-The Nursing Home Administrator evaluated locations on nursing units for required postings to ensure locations had current contact information for pertinent agencies.
-Nursing Home Administrator/Social Services Director will monitor current locations of postings monthly for three months then quarterly thereafter.
-The facility will review results of the monitoring, identify trends, and report results to the Quality Assurance Performance Improvement Committee.