§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 clinical records and transfer notices, and staff interviews, it was determined that the facility failed to provide written notices of facility-initiated transfers to the resident and the resident's representative for eight out of the 27 residents reviewed (Residents 7, 114, 101, 9, 63, 112, 2, and 106).
Findings include:
A clinical record review revealed that Resident 114 was transferred to the hospital on March 11, 2024, and returned to the facility on March 15, 2024.
A clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 114 and her resident representative regarding her transfer to the hospital on March 11, 2024, or as soon as practical.
A clinical record review revealed that Resident 7 was transferred to the hospital on June 8, 2024, and returned to the facility on June 10, 2024.
A clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 7 and her resident representative regarding her transfer to the hospital on June 8, 2024.
A clinical record review revealed that Resident 101 was transferred to the hospital on March 3, 2024, and returned March 15, 2024. The resident was again transferred to the hospital on March 30, 2024 and returned April 2, 2024.
Clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 101 and his resident representative regarding his transfer to the hospital on March 3 and March 30, 2024.
A clinical record review revealed that Resident 9 was transferred to the hospital on May 15, 2024, and returned to the facility on May 21, 2024.
A clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 9 and her resident representative regarding her transfer to the hospital on May 15, 2024.
A clinical record review revealed that Resident 63 was transferred to a community hospital on December 5, 2023, and returned December 7, 2023. The resident was again transferred to the hospital on January 5, 2024, and returned January 9, 2024.
Clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 63 and his resident representative regarding his transfer to the hospital on December 5, 2023, and January 5, 2024.
A clinical record review revealed that Resident 112 was transferred to the hospital on December 22, 2023, and returned December 28, 2023, on January 2, 2024, and returned January 4, 2024, February 19, 2024, and returned on February 27, 2024, March 6, 2024, and returned March 11, 2024, and on March 21, 2024, and returned on March 25, 2024. The resident was again transferred to the hospital on May 20, 2024, and returned May 24, 2024.
Clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 112 and his resident representative regarding his transfer to the hospital on December 22, 2023, January 2, 2024, February 19, 2024, March 6, 2024, March 21, 2024, and May 20, 2024.
A clinical record review revealed that Resident 2 was transferred to a community hospital on March 28, 2024, and readmitted to the facility as a new admission on May 24, 2024, after a stay in a specialty hospital unit.
Clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 2 and his resident representative regarding his transfer to the hospital on March 28, 2024.
A clinical record review revealed that Resident 106 was transferred to the hospital on May 3, 2024, and readmitted to the facility on May 11, 2024.
Clinical record review revealed no documented evidence that a notice of transfer or discharge letter was provided to Resident 106 and his resident representative regarding his transfer to the hospital on May 11, 2024.
During an interview on June 14, 2024, at approximately 11:30 AM, the Nursing Home Administrator and Director of Nursing confirmed that the facility had no documented evidence that Residents 7, 14, 101, 9, 63, 112, 2, and 106 and their representatives were provided written notices for the facility-initiated transfers.
28 Pa. Code 201.29 (a)(c.3)(2) Resident rights
| | Plan of Correction - To be completed: 07/30/2024
1.Resident 7, 114, 101, 9, 63, 112, 2 and 106, were sent out and returned, not able to correct.
2.The facility will audit residents/representatives that were discharged to the hospital for the past 7 days, check if proper communication occurred with receiving written notice for facility – initiated transfers.
3.Social Services/business Office and licensed staff will be educated on facility – initiated transfers to the resident and the resident representative.
4.NHA/Designee will audit written notice of facility – initiated transfers to the resident and the resident's representative for 4 weeks to ensure written notice is provided. Results of audit will be provided to QAPI, the committee will determine the need for further audits.
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