§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, written transfer and ombudsman notices, and staff interview, it was determined that the facility failed to ensure that a written notice of a facility initiated hospital transfer and discharge of the resident was provided to the resident, the resident's representative, and ombudsman for one of eight residents sampled (Resident 181).
The findings include:
Clinical record review revealed the facility admitted Resident 181 on January 12, 2024. Nursing documentation dated March 12, 2024, at 8:30 AM revealed that Resident 181 struck another resident five times in the face with his fist. The local police were notified of Resident 181's violent behavior and arrived at A-Wing for prevention of any further violence. Resident 181 was transferred to the hospital at this time for evaluation and treatment of Resident 181's aggressive behaviors with harm to others.
The Nursing Home Administrator contacted the Department of Health on March 14, 2024, at 11:11 AM to report that the facility would not accept Resident 181 back for readmission due to the risk presented to other residents.
When the facility decided to discharge Resident 181 while he was still hospitalized, the facility failed to send an updated notice of the discharge to the resident, resident's representative, and ombudsman
Interview with the Nursing Home Administrator and Director of Nursing on June 7, 2024, at 10:07 AM confirmed these findings.
483.15(c)(3)-(6)(8) Notice Requirements Before Transfer/discharge Previously cited 07/14/23
28 Pa. Code 201.14(a) Responsibility of license
28 Pa. Code 201.29(a) Resident rights
| | Plan of Correction - To be completed: 07/22/2024
1.Updated documentation was entered in resident #181's record regarding conversation of Nursing Home Administrator with responsible party regarding not accepting this resident back due to safety reasons. 2.No other facility initiated discharges are pending. 3.Education to Administrative and Interdisciplinary Team regarding notices to the resident and/or responsible party when there is a facility initiated discharge and/or resident is not returning from the hospital. 4.Audits will be completed monthly by the Nursing Home Administrator or designee by monthly review of Ombudsman Transfer and discharge report to ensure any facility discharges that have been initiated by facility that notice is provided. This information will be reported monthly to the Quality Assurance Performance Improvement Committee x 3 months for review and discussion to ensure compliance.
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