§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).
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Observations:
Based on review of clinical records and facility-initiated transfer notices and a staff interview, it was determined that the facility failed to provide written notices of facility-initiated hospital transfers of residents, prepared in a language and manner that could be easily understood to three out of 19 residents reviewed (Resident 32, 56, and 87).
Findings include:
Regulatory requirements indicate that before a facility transfers or discharges a resident, the facility must 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.
A review of the clinical record revealed that Resident 32 required to be transferred to the hospital on March 25, 2024, and was readmitted to the facility on March 28, 2024.
A review of the facility provided "Facility Initiated Notice of Transfer or Discharge" revealed that the resident required an immediate transfer/discharge to an acute care facility on March 25, 2024, because the resident's urgent medical needs cannot be met in the facility due to (reason for transfer/discharge in terms understood by the resident and resident representative) "hematemesis" (vomiting blood). The facility failed to use language that could be easily understood by the resident or resident representative.
A review of the clinical record revealed that Resident 56 was transferred to the hospital on February 25, 2024, and returned to the facility that same day.
A review of the facility provided "Facility Initiated Notice of Transfer or Discharge" revealed that the resident required an immediate transfer/discharge to an acute care facility on February 25, 2024, because the resident's urgent medical needs cannot be met in the facility due to (reason for transfer/discharge in terms understood by the resident and resident representative) "eval and treat."
A review of the clinical record revealed that Resident 87 was transferred to the hospital on March 5, 2024 and later returned to the facility.
A review of the facility provided "Facility Initiated Notice of Transfer or Discharge" revealed that the resident required an immediate transfer/discharge to an acute care facility on March 5, 2024, because the resident's urgent medical needs cannot be met in the facility due to (reason for transfer/discharge in terms understood by the resident and resident representative) "abnormal vitals."
Interview with the Nursing Home Administrator on June 7, 2024, at approximately 1:30 PM confirmed that the facility failed to provide transfer information in a language that could be understood by both the resident and/or resident representative.
28 Pa. Code 201.29 (a)(c.3)(2) Resident rights
| | Plan of Correction - To be completed: 06/25/2024
F623B The deficient practice could not be retroactively corrected.
Current residents requiring facility-initiated hospital transfers will have the transfer or discharge notice written in a language and manner that can be easily understood by the resident and the resident's representative.
The Director of Nursing or designee will re-educate licensed nurses on the Transfer/discharge policy and to document in a manner that can be easily understood by the residents and the resident's representative.
The Director of Nursing or designee will conduct weekly x 4 audits, then monthly x 2 of residents requiring facility-initiated hospital transfers to verify the transfer or discharge notice was written in a language and manner that can be easily understood by the resident and the resident's representative. Results of the audits will be reviewed at the QAPI meetings.
Date of compliance will be June 25, 2024.
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