§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 ensure that a written notice regarding facility initiated transfers to the hospital was provided to the residents and their representatives for five of 19 residents sampled (Resident 27, 7, 59, 66, and 29)
Findings include:
A review of Resident 27's clinical record revealed that the resident was transferred to the hospital on November 18, 2023, and returned to the facility on November 21, 2023.
A review of Resident 7's clinical record revealed that the resident was transferred to the hospital on December 11, 2023, and returned to the facility on December 18, 2023.
A review of Resident 59's clinical record revealed that the resident was transferred to the hospital on December 4, 2023, and returned to the facility on December 6, 2023. The resident was again transferred to the hospital December 12, 2023 and returned to the facility on December 13, 2023.
A review of Resident 66's clinical record revealed that the resident was transferred to the hospital on February 24, 2024, and expired at the hospital on February 28, 2024.
A review of Resident 29's clinical record revealed that the resident was transferred to the hospital on April 16, 2024, and returned to the facility on April 18, 2024.
Clinical record reviewd revealed no documented evidence that the facility provided written notices to these residents and their representatives upon each facility initiated transfer that included the required contents: reason for the transfer, effective date of the transfer, location to which the resident was transferred to, 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 Nursing Home Administrator on April 25, 2024 at approximately 1:45 PM, confirmed that there was no evidence that written notifications of the facility initiated transfers were provided to the residents and their representatives.
28 Pa. Code 201.29 (c.3)(2) Resident rights
| | Plan of Correction - To be completed: 06/11/2024
1. 27,7,59,66,29 and their representatives will be provided written notices upon each transfer to the hospital. The Business Office Manager and RN's were educated on providing transfer notices to residents and RP's. 2. Current residents that are being transferred to the hospital are being provided transfer notices that include reason for the transfer, effective date of the transfer, location to which the resident was transferred to, contact and address information for the office of the state long-term care Ombudsman, and, if application, information for the agency responsible for the protection and advocacy of individual with developmental disabilities. 3.Business Office Manager and RN Supervisors have been re-in serviced on the notices. Daily monitoring will be conducted by the Business Office Manager. 4. NHA/Designee will audit transfers and notices to ensure compliance. Results will be reviewed at QAPI for review and recommendation.
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