§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 written facility initiated transfer notices and staff interview it was determined the facility failed to provide sufficiently detailed written notices of facility initiated transfers to the hospital to the resident and the residents' representative for seven out of 20 residents reviewed (Resident 32, 87, 91, 46, 66, 31, and 40).
Findings include:
A review of the clinical record of Resident 32 revealed that the resident was transferred to the hospital on April 8, 2024, and returned to the facility on April 10, 2024.
A review of the clinical record of Resident 87 revealed that the resident was transferred to the hospital on May 8, 2024, and returned to the facility on May 14, 2024.
A review of the clinical record of Resident 91 revealed that the resident was transferred to the hospital on May 10, 2024, and returned to the facility on May 20, 2024.
A review of the clinical record of Resident 46 revealed that the resident was transferred to the hospital on May 30, 2024, and returned to the facility on June 2, 2024.
A review of the clinical record of Resident 66 revealed the resident was transferred to the hospital on July 16, 2024, and returned to the facility on July 25, 2024. The resident was transferred to the hospital again on July 29, 2024 and returned on August 5, 2024.
A review of the clinical record of Resident 31 revealed the resident was transferred to the hospital on August 13, 2024, and returned to the facility on August 15, 2024.
A review of the clinical record of Resident 40 revealed the resident was transferred to the hospital on June 2, 2024 and returned to the facility on June 11, 2024.
A review of the facility's "Notice of Transfer on Discharge" revealed the written notices lacked the correct address and phone number for assistance with the appeal process, and lacked the correct address, phone number, and email address for the advocacy of persons with disabilities and mental health to seek the assistance of the Disability Rights Pennsylvania.
During an interview with the Nursing Home Administrator on August 23, 2024 at approximately 1:30 PM confirmed the information provided to the residents was incorrect.
28 Pa. Code 201.29(h) Resident rights
28 Pa. Code 201.14(a) Responsibility of Licensee
| | Plan of Correction - To be completed: 09/17/2024
The facility does not have the opportunity to correct cited residents. Resident 87 passed away on 8/27/24.
The facility does not have the opportunity to correct residents in a similar situation previous to survey.
The Administrator has corrected the Notice of Resident Transfer or Discharge so that they are sufficiently detailed and accurate. Staff Development/designee will re-educate the licensed on the facility transfer and discharge policy as well as the updated Notice of Resident Transfer and Discharge.
The DON/designee will audit the resident discharges weekly to ensure that the updated Notice of Resident Transfer and Discharge was utilized and completed correctly. Results of these audits will be discussed at the monthly QAPI meeting for further review and recommendations.
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