|§483.15(c)(3) Notice before transfer. |
Before a facility transfers or discharges a resident, the facility must-
(i) Notify the resident and the resident's representative(s) of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand. The facility must send a copy of the notice to a representative of the Office of the State Long-Term Care Ombudsman.
(ii) Record the reasons for the transfer or discharge in the resident's medical record in accordance with paragraph (c)(2) of this section; and
(iii) Include in the notice the items described in paragraph (c)(5) of this section.
§483.15(c)(4) Timing of the notice.
(i) Except as specified in paragraphs (c)(4)(ii) and (c)(8) of this section, the notice of transfer or discharge required under this section must be made by the facility at least 30 days before the resident is transferred or discharged.
(ii) Notice must be made as soon as practicable before transfer or discharge when-
(A) The safety of individuals in the facility would be endangered under paragraph (c)(1)(i)(C) of this section;
(B) The health of individuals in the facility would be endangered, under paragraph (c)(1)(i)(D) of this section;
(C) The resident's health improves sufficiently to allow a more immediate transfer or discharge, under paragraph (c)(1)(i)(B) of this section;
(D) An immediate transfer or discharge is required by the resident's urgent medical needs, under paragraph (c)(1)(i)(A) of this section; or
(E) A resident has not resided in the facility for 30 days.
§483.15(c)(5) Contents of the notice. The written notice specified in paragraph (c)(3) of this section must include the following:
(i) The reason for transfer or discharge;
(ii) The effective date of transfer or discharge;
(iii) The location to which the resident is transferred or discharged;
(iv) A statement of the resident's appeal rights, including the name, address (mailing and email), and telephone number of the entity which receives such requests; and information on how to obtain an appeal form and assistance in completing the form and submitting the appeal hearing request;
(v) The name, address (mailing and email) and telephone number of the Office of the State Long-Term Care Ombudsman;
(vi) For nursing facility residents with intellectual and developmental disabilities or related disabilities, the mailing and email address and telephone number of the agency responsible for the protection and advocacy of individuals with developmental disabilities established under Part C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Pub. L. 106-402, codified at 42 U.S.C. 15001 et seq.); and
(vii) For nursing facility residents with a mental disorder or related disabilities, the mailing and email address and telephone number of the agency responsible for the protection and advocacy of individuals with a mental disorder established under the Protection and Advocacy for Mentally Ill Individuals Act.
§483.15(c)(6) Changes to the notice.
If the information in the notice changes prior to effecting the transfer or discharge, the facility must update the recipients of the notice as soon as practicable once the updated information becomes available.
§483.15(c)(8) Notice in advance of facility closure
In the case of facility closure, the individual who is the administrator of the facility must provide written notification prior to the impending closure to the State Survey Agency, the Office of the State Long-Term Care Ombudsman, residents of the facility, and the resident representatives, as well as the plan for the transfer and adequate relocation of the residents, as required at § 483.70(l).
Based on clinical record review and staff interview, it was determined that the facility failed to ensure that a written notice of transfer to the hospital was provided to the resident and the residents' responsible representative for five of 31 residents reviewed (Residents 114, 102, 103, 147 and 106).
A review of the clinical record revealed that Resident 114 was transferred and admitted to the hospital on November 30, 2018, and returned on November 30, 2018.
A review of the clinical record revealed that Resident 102 was transferred and admitted to the hospital on November 8, 2018, and returned on November 12, 2018.
A review of the clinical record revealed that Resident 103 was transferred and admitted to the hospital on January 5, 2019, and returned on January 7, 2019.
A review of the clinical record revealed that Resident 147 was transferred and admitted to the hospital on October 1, 2018, and returned on October 4, 2018. She was also transferred and admitted to the hospital on January 10, 2019, and returned on January 14, 2019.
A review of the clinical record revealed that Resident 106 was transferred and admitted to the hospital on November 30, 2018, and returned on December 1, 2018.
There was no evidence that written notice was provided to the above residents and their responsible parties regarding the transfer that included the required contents: reason for the transfer, contact and address information for the Office of the State Long-Term Care Ombudsman, and if applicable, information for the agency responsible for the protection and advocacy of individuals with developmental disabilities.
Interview with the Chief Operating Officer on Janaury 24, 2019, at approximately 10:23 a.m. verified that the facility did not send written notices to the resident and the residents' representatives of the facility initiated transfers of the above residents, but does send a monthly report to the State Ombudsman of facility initiated transfers.
28 Pa. Code 201.14(a) Responsibility of Licensee.
Previously cited 9/25/18
28 Pa. Code 201.29 (f)(g)(h) Resident rights.
28 Pa Code 201.18 (e)(1) Management
Previously cited 2/16/18, 9/25/18.
| ||Plan of Correction - To be completed: 03/01/2019|
The Jewish Home of Eastern Pennsylvania (the "Home") submits this Plan of Correction under procedures established by the Department of Health in order to comply with the Department's directive to change conditions which the Department alleges are deficient under State and Federal regulations relating to long-term care. This Plan of Correction should not be construed as either a waiver of the Home's right to appeal or an admission of past or ongoing violations of State and Federal regulatory requirements.
1. Elements detailing how the facility will correct the deficiency as it relates to the individual residents.
Resident #s 114, 102, 103, 147, and 106 letters were sent.
2. Indicate how the facility will act to protect residents in similar situations.
Audit of discharges in past 30 days to ensure notice of transfer letters were sent.
3. The measures the facility will take or the system it will alter to ensure that the problem does not reoccur.
Education regarding process for transfer letters to appropriate staff.
4. How the facility plans to monitor its performance to make sure that solutions are sustained.
Audit of transfer letters for 30 days to ensure process continues. Results will be submitted to QA.