§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 clinical record reviews and staff interviews, it was determined that the facility failed to notify the resident and resident's representative, in writing, regarding the reason for hospitalization for five of 56 residents reviewed (Residents 18, 36, 38, 77, 85).
Findings include:
A quarterly Minimum Data Set (MDS) assessment (a federally-mandated assessment of a resident's abilities and care needs) for Resident 18, dated June 17, 2024, indicated that the resident was cognitively impaired, required assistance from staff for his daily care needs, and had diagnoses that included dementia.
A nursing note for Resident 18, dated June 11, 2024, revealed that the resident was transferred to the hospital for evaluation of abdominal pain and to have his indwelling urinary catheter flushed or replaced. He was admitted to the hospital with a urinary tract infection.
There was no documented evidence that a written notice of Resident 18's transfer to the hospital was provided to the resident's responsible party regarding the reason for transfer.
A quarterly MDS assessment for Resident 36, dated July 23, 2024, indicated that the resident was understood and able to understand others, required substantial to moderate assist from staff for his personal care needs, and had diagnoses that included dementia.
A nursing note for Resident 36, dated June 7, 2024, at 6:41 a.m., revealed that the resident had an unwitnessed fall resulting in a possible right arm fracture. The physician was notified, and the resident was sent to the emergency room for evaluation.
A nursing note for Resident 36, dated July 4, 2024, at 10:46 p.m., revealed that the resident had a significant change in condition. The certified registered nurse practitioner was notified, and the resident was sent to the emergency room for evaluation.
There was no documented evidence that a written notice of Resident 36's transfers to the hospital were provided to the resident or the resident's representative regarding the reason for transfer.
A quarterly MDS assessment for Resident 38, dated May 21, 2024, indicated that the resident was severely cognitively impaired, was dependent on staff for personal care needs, and had diagnoses that included idiopathic epilepsy (a genetic seizure disorder).
A nursing note for Resident 38, dated May 7, 2024, at 2:40 p.m., revealed that the resident had a seizure and was not responding to treatments provided and his condition was worsening; therefore, he was transferred to the emergency room for evaluation.
A nursing note for Resident 38, dated June 21, 2024, at 6:34 a.m., revealed that the resident's feeding tube came out of his body. The physician was notified, and the resident was sent to the emergency room for evaluation.
There was no documented evidence that a written notice of Resident 38's transfers to the hospital were provided to the resident or the resident's representative regarding the reason for transfer.
A quarterly MDS assessment for Resident 77, dated May 2, 2024, indicated that the resident was moderately cognitively impaired, required assistance from staff for personal care needs, and had diagnoses that included dementia and heart failure.
A nursing note, dated June 24, 2024, at 7:46 p.m. revealed that Resident 77 was found coughing and wheezing, was flushed, and had an oxygen saturation (amount of oxygen in the blood) in the 70's (normal 95-100 percent). The physician was notified, and the resident was transferred to the hospital.
There was no documented evidence that a written notice of Resident 77's transfer to the hospital was provided to the resident or the resident's representative regarding the reason for transfer.
A quarterly MDS assessment for Resident 85, dated May 16, 2024, indicated that the resident was severely cognitively impaired, required assistance from staff for personal care needs, and had diagnoses that included dementia, seizure disorder, and a stroke.
A nursing note, dated July 27, 2024, at 10:10 a.m. revealed that Resident 85 was observed lying in bed with his eyes closed with right-sided facial droop and facial edema (swelling). The resident stated, "I don't feel well," and the physician was notified and an order was received to send him to the hospital for evaluation and treatment.
A nursing note, dated July 27, 2024, at 12:28 p.m. revealed that Resident 85 was admitted to the hospital with a diagnosis of encephalopathy (a condition that causes brain dysfunction).
There was no documented evidence that a written notice of Resident 85's transfer to the hospital was provided to the resident or the resident's representative regarding the reason for transfer.
Interview with the Nursing Home Administrator on August 20, 2024, at 3:48 p.m. confirmed that the facility did not provide a written notice to the residents or their responsible party when a resident was transferred to the hospital.
28 Pa. Code 201.25 Discharge Policy.
28 Pa. Code 201.29(f)(g) Resident Rights.
| | Plan of Correction - To be completed: 10/09/2024
1. Social Service Director spoke with resident representatives for residents R36, R38, R77 and R85 regarding hospital transfers and transfer letter and there were no concerns noted. For resident R18 messages were left and no return call received. 2. Residents with transfers out in the month of August were reviewed to ensure that a copy of the transfer letter was reviewed with them and mailed to their representative. 3. Education was completed by the DON/designee with the licensed nurses and social services regarding notice requirements before transfer/discharge. 4. An audit will be completed for notice requirements before transfer/discharge weekly for 4 weeks and monthly for 2 months by the DON/designee. The results of the audits will be reviewed by the Quality Assessment and Assurance committee for the need to complete further audits.
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