§483.70(o) Hospice services. §483.70(o)(1) A long-term care (LTC) facility may do either of the following: (i) Arrange for the provision of hospice services through an agreement with one or more Medicare-certified hospices. (ii) Not arrange for the provision of hospice services at the facility through an agreement with a Medicare-certified hospice and assist the resident in transferring to a facility that will arrange for the provision of hospice services when a resident requests a transfer.
§483.70(o)(2) If hospice care is furnished in an LTC facility through an agreement as specified in paragraph (o)(1)(i) of this section with a hospice, the LTC facility must meet the following requirements: (i) Ensure that the hospice services meet professional standards and principles that apply to individuals providing services in the facility, and to the timeliness of the services. (ii) Have a written agreement with the hospice that is signed by an authorized representative of the hospice and an authorized representative of the LTC facility before hospice care is furnished to any resident. The written agreement must set out at least the following: (A) The services the hospice will provide. (B) The hospice's responsibilities for determining the appropriate hospice plan of care as specified in §418.112 (d) of this chapter. (C) The services the LTC facility will continue to provide based on each resident's plan of care. (D) A communication process, including how the communication will be documented between the LTC facility and the hospice provider, to ensure that the needs of the resident are addressed and met 24 hours per day. (E) A provision that the LTC facility immediately notifies the hospice about the following: (1) A significant change in the resident's physical, mental, social, or emotional status. (2) Clinical complications that suggest a need to alter the plan of care. (3) A need to transfer the resident from the facility for any condition. (4) The resident's death. (F) A provision stating that the hospice assumes responsibility for determining the appropriate course of hospice care, including the determination to change the level of services provided. (G) An agreement that it is the LTC facility's responsibility to furnish 24-hour room and board care, meet the resident's personal care and nursing needs in coordination with the hospice representative, and ensure that the level of care provided is appropriately based on the individual resident's needs. (H) A delineation of the hospice's responsibilities, including but not limited to, providing medical direction and management of the patient; nursing; counseling (including spiritual, dietary, and bereavement); social work; providing medical supplies, durable medical equipment, and drugs necessary for the palliation of pain and symptoms associated with the terminal illness and related conditions; and all other hospice services that are necessary for the care of the resident's terminal illness and related conditions. (I) A provision that when the LTC facility personnel are responsible for the administration of prescribed therapies, including those therapies determined appropriate by the hospice and delineated in the hospice plan of care, the LTC facility personnel may administer the therapies where permitted by State law and as specified by the LTC facility. (J) A provision stating that the LTC facility must report all alleged violations involving mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of patient property by hospice personnel, to the hospice administrator immediately when the LTC facility becomes aware of the alleged violation. (K) A delineation of the responsibilities of the hospice and the LTC facility to provide bereavement services to LTC facility staff.
§483.70(o)(3) Each LTC facility arranging for the provision of hospice care under a written agreement must designate a member of the facility's interdisciplinary team who is responsible for working with hospice representatives to coordinate care to the resident provided by the LTC facility staff and hospice staff. The interdisciplinary team member must have a clinical background, function within their State scope of practice act, and have the ability to assess the resident or have access to someone that has the skills and capabilities to assess the resident. The designated interdisciplinary team member is responsible for the following: (i) Collaborating with hospice representatives and coordinating LTC facility staff participation in the hospice care planning process for those residents receiving these services. (ii) Communicating with hospice representatives and other healthcare providers participating in the provision of care for the terminal illness, related conditions, and other conditions, to ensure quality of care for the patient and family. (iii) Ensuring that the LTC facility communicates with the hospice medical director, the patient's attending physician, and other practitioners participating in the provision of care to the patient as needed to coordinate the hospice care with the medical care provided by other physicians. (iv) Obtaining the following information from the hospice: (A) The most recent hospice plan of care specific to each patient. (B) Hospice election form. (C) Physician certification and recertification of the terminal illness specific to each patient. (D) Names and contact information for hospice personnel involved in hospice care of each patient. (E) Instructions on how to access the hospice's 24-hour on-call system. (F) Hospice medication information specific to each patient. (G) Hospice physician and attending physician (if any) orders specific to each patient. (v) Ensuring that the LTC facility staff provides orientation in the policies and procedures of the facility, including patient rights, appropriate forms, and record keeping requirements, to hospice staff furnishing care to LTC residents.
§483.70(o)(4) Each LTC facility providing hospice care under a written agreement must ensure that each resident's written plan of care includes both the most recent hospice plan of care and a description of the services furnished by the LTC facility to attain or maintain the resident's highest practicable physical, mental, and psychosocial well-being, as required at §483.24.
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Observations:
Based on a review of facility policy, resident clinical records, and staff interview, it was determined the facility failed to obtain a diagnosis for hospice services and to ensure the coordination of hospice services with facility services to meet the needs of each resident for end of life care for three of three residents (Resident R17, R53, R62).
Findings include:
Review of the facility policy "Hospice Services" dated 4/17/24, indicated that care for the dying resident shall be a collaborative effort between the staff of the designated hospice provider and the staff of the long term care facility. The facility will obtain information from hospice that includes names and contact information for hospice staff involved in the resident's care, and how to access the hospice's 24 hour on-call system.
Review of the clinical record revealed that Resident R17 was admitted to the facility on 8/10/13. Review of Resident 17's MDS (Minimum Data Set- periodic assessment of resident care needs) dated 3/22/24, indicated diagnoses of multiple sclerosis (a disease that affects central nervous system), high blood pressure, and weakness. Section O - Special Treatments, Procedures, and Programs indicated hospice care while a resident.
Review of Resident R17's clinical record revealed a physician order dated 3/11/24, to admit to hospice, but did not include a diagnosis related to the need of hospice services.
Review of Resident R17's current comprehensive care plan failed to indicate a plan of care by the facility that displayed the coordination of hospice services by failing to included contact information for the hospice agency and how to access the hospice's 24 hour on-call system.
Review of the clinical record indicated Resident R53 was admitted to the facility on 4/9/21.
Review of Resident R53's MDS dated 5/7/24, indicated diagnoses of Alzheimer's Disease (a progressive disease that destroys memory and other important mental functions), depression (a constant feeling of sadness and loss of interest), and age-related physical debility. Section O - Special Treatments, Procedures, and Programs indicated hospice care while a resident.
Review of Resident R53's clinical record revealed a physician order dated 1/26/24, to admit to hospice services, but did not include a diagnosis related to the need of hospice services.
Review of Resident R53's comprehensive care plan failed to indicate a plan of care by the facility that displayed the coordination of hospice services by failing to include contact information for the hospice agency and how to access the hospice's 24 hour on-call system.
Review of the clinical record revealed that Resident R62 was admitted to the facility on 3/30/23. Review of Resident 62's MDS dated 3/12/24, indicated diagnoses of cerebral infarction (necrotic tissue in the brain resulting loss of blood and oxygen to the brain), schizophrenia (a mental disorder characterized by delusions, hallucinations, disorganized speech and behavior), and abnormal posture.
Review of Resident R62's clinical record revealed a physician order dated 2/28/24, to admit to hospice, but did not include a diagnosis related to the need of hospice services.
Review of Resident R62's current comprehensive care plan failed to indicate a plan of care by the facility that displayed the coordination of hospice services by failing to included contact information for the hospice agency and how to access the hospice's 24 hour on-call system.
During an interview on 5/30/24, at 11:37 a.m. Director of Nursing confirmed that the facility failed to obtain a diagnosis for hospice services and to ensure the coordination of hospice services with facility services to meet the needs of each resident for end of life care for three of three hospice residents (R17, R53, and R62).
28 Pa. Code 211.2(a) Physician services 28 Pa. Code 211.11(d) Resident care plan
| | Plan of Correction - To be completed: 07/15/2024
Resident R17 continues reside in the facility. MD order reflects hospice diagnosis. Comprehensive care plan was updated to include hospice company and contact information. Resident R53 continues reside in the facility. MD order reflects hospice diagnosis. Comprehensive care plan was updated to include hospice company and contact information. Resident R62 continues reside in the facility. MD order reflects hospice diagnosis. Comprehensive care plan was updated to include hospice company and contact information. The facility will act to protect residents in similar situations by conducting reviews of hospice orders with diagnosis and comprehensive hospice care plan information. Measures the facility will take to ensure practice does not recur will include educational in-services by the DON/ADON/Designee to the licensed nurses, nurse aides. Educational in-services will include license nurses obtain MD order with supporting diagnosis. Education will also include the license nurse update comprehensive care plan to include hospice name and contact information. Performance will be monitored by conducting audits for hospice orders with supporting diagnosis and hospice information on comprehensive. These audits will be conducted 3 audits weekly (for newly admitted hospice residents) for a period of four weeks, and monthly thereafter for a period of three months. Audits will be conducted by DON/ADON/Designee and results will be reported to the quarterly Quality Assurance Committee Meeting.
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