§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 review, observation, and staff interview, it was determined that the facility failed to provide a written notice of transfer that included all the written components to the resident and/or the resident's responsible party for two of seven residents reviewed (Resident 8 and 13).
Findings include:
Review of Resident 8's clinical record revealed that the facility transferred her to the hospital on July 23, 2024. Resident 8 was still in the hospital at the time of the full health survey. There was no documented evidence that that the facility attempted to provide Resident 8's responsible party with a transfer notice that included all the required contents: State long term care appeal agency or contact and address information for the Office of the State Long-Term Care Ombudsman including email address.
Observation on August 2, 2024, at 12:15 PM confirmed that Resident 8's transfer forms were still sitting in an envelope at the facility's front desk. Interview with the Director of Nursing on August 2, 2024, at 12:55 PM confirmed that if a resident's responsible party is unable to be contacted regarding the transfer, then the notice is sent out via the mail.
Review of Resident 13's clinical record revealed that the facility transferred her to the hospital on May 31, 2024. There was no documented evidence that the facility provided Resident 13's responsible party with a transfer notice that included all the above components.
Interview with Employee 1, admissions, on August 2, 2024, at 9:18 AM confirmed the above findings for Resident 13.
28 Pa. Code 201.14(a) Responsibility of license
28 Pa. Code 201.29(a) Resident rights
| | Plan of Correction - To be completed: 09/10/2024
The facility provided a written Bed Hold Acknowledgement and Notice of Transfer document containing all the required elements to include: date of transfer, specific reason of discharge/transfer, location to be transferred, right to appeal process information and the information pertaining to the Office of the Long-Term Care Ombudsman to resident #8' s responsible party and it was returned. A copy of the same written Bed Hold Acknowledgement and Notice of Transfer document was previously sent to resident #13's responsible party but no evidence of a returned form is documented. Therefore, a new written Bed Hold Acknowledgement and Notice of Transfer document was sent. A copy of the returned and signed document will be filed in the resident's medical chart.
A review of the facility resident records who were transferred over the past 6 (six) months will be completed and corrective action will be taken if necessary. Future transfers will be reviewed by the Admission Director at the morning meeting (5 days per week) to ensure proper procedures were followed for the Notice Requirements before Transfer/Discharge process to include the initial notification verification, and the written notification of the transfer/discharge and the reasons for the move.
Education was provided by the Director of Nursing or designee on the Notice Requirements before Transfer/Discharge Notification Program and the process to be completed upon each transfer. Education was provided to the admission coordinator and the social service representative.
Audits of all transfers will be completed weekly for 4 (four) weeks and then monthly for 3 (three) months to ensure the process is being followed in accordance with the policy. The findings will be presented to the Quality Assurance Performance Improvement Committee for recommendations and discussion.
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