§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 the review of clinical records and interview with staff, it was determined that the facility failed to notify the resident and the resident's representative(s) of the transfer to the hospital and the reasons for the transfer to the hospital in a timely manner, in writing and in a language and manner they understoodfor one of 16 residents reviewed. (Resident R52)
Findings Include:
Review of nursing note for Resident R52, dated May 8, 2024, revealed that the resident was febrile (having or showing symptoms of a fever), and was discharged to the hospital.
Further review revealed a nursing note for Resident R52, dated April 26, 2024, revealed that the resident was discharged to the hospital for systemic anemia.
Another nursing note for Resident R52, dated March 11, 2024, revealed that the resident was admitted to the hospital with acute kidney injury.
Review of clinical record revealed no evidence that Resident R52's representative was notified of the transfer to the hospital and the reasons for the transfer in writing, and in a language and manner they understood.
Interview with the Nursing Home Administrator, Director of Nursing, and Social Worker, Employee E3, on May 22, 2024, at 11:49 a.m. confirmed that the Resident R52's representative was not notified of the hospital transfers and the reasons for the transfers in writing, and in a language and manner they understood. Further interview confirmed that there was no system in place in regard to notifying the residents representatives, in writing, including the reasons, prior to resident transfer or discharge.
28 Pa. Code 201.14(a) Responsibility of license
28 Pa. Code 201.29(a) Resident rights
| | Plan of Correction - To be completed: 06/13/2024
1.With respect to the specific resident/situation cited:
R52 is currently in the hospital, and family has been notified, via writing, of A. reason for transfer to hospital, B. including a statement of resident's right to appeal, and C. Name, address, and telephone number of the Office of the State Long-Term Care Ombudsman.
2.With respect to how the facility will identify residents/situations for the identified concerns:
Licensed Social Workers will complete an audit of discharged and transferred residents for the previous 30 days. Audit will be reviewed by Administrator. For any identified concerns, written communication of the reason for the discharge/transfer and a statement of the right to appeal to include the name, address and telephone number of the Office of the State Long-Term Care Ombudsman will be sent to the resident and/or resident representative. A copy of the notice will be sent to the State Long-Term Care Ombudsman.
3.With respect to what systemic measures have been put into place to address the stated concern:
Licensed Social Workers have been in-serviced on Notice Requirements of Transfer/Discharge on 6/11/2024 by Administrator. Licensed Social Workers will submit to the Administrator a monthly random sample list of resident transfer/discharges to include copy of written transfer/discharge notice.
4.With respect to how the plan of correction will be monitored:
Over the next 3 months, the findings from the administrator's random sample audit will be reviewed at the Quality Assurrance Performance Improvement (QAPI) meetings. At the conclusion of the three months, the QAPI committee will re-evaluate and initiate any necessary action or extend the review period if needed. The Administrator is responsible for ensuring implementation and ongoing compliance with the components of the Plan of Correction and addressing resolving variances that may occur. 5.Areas cited in F 623 will be corrected by 6/28/2024.
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