§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 and staff interviews, it was determined that the facility failed to provide a notice of transfer to residents and/or resident representatives, or to the Office of the State Long-Term Care Ombudsman for eight of 11 residents reviewed for hospital transfers (Residents 5, 7, 22, 25, 27, 39, 54, and 103).
Findings include:
Review of Resident 5's clinical record revealed diagnoses that included vascular dementia (brain damage caused by multiple strokes which causes memory loss in older adults), cognitive communication deficit (difficulty in thinking and how someone uses language), and aphasia (loss of ability to understand or express speech).
Review of Resident 5's clinical record revealed that the Resident was transferred to the hospital on April 19, 2024, and returned to the facility on April 24, 2024.
During an interview with the Nursing Home Administrator (NHA) and Director of Nursing (DON) on July 18, 2024, at 10:40 AM, the NHA confirmed that the facility was unable to provide documentation that Resident 5's responsible party or the Pennsylvania State Ombudsman was notified of their transfer to the hospital.
Review of Resident 7's clinical record revealed diagnoses that included congestive heart failure (a long-term condition that happens when your heart can't pump blood well enough to meet your body's needs), chronic kidney disease (a condition characterized by a gradual loss of kidney function), and hypertension (high blood pressure).
Review of Resident 7's clinical record revealed that the Resident was transferred to the hospital on May 12, 2024, and returned to the facility on May 21, 2024.
During an interview with the NHA on July 17, 2024, at 1:06 PM, the NHA confirmed that the facility was unable to provide documentation that the Pennsylvania State Ombudsman was notified of the Resident's transfer to the hospital; she further revealed they are working to change their current process.
Review of Resident 22's clinical record revealed diagnoses the included dementia (progressive, irreversible degenerative disease of the brain that results in decreased contact with reality and decreased ability to perform activities of daily living) and type two diabetes mellitus (decreased ability of the body to utilize insulin for the transport of glucose from the blood stream into the cells for nourishment).
Review of Resident 22's clinical record revealed that on January 17, 2024, Resident 22 was transferred to the hospital and returned on January 19, 2024.
Review of available documentation provided by the facility and contained in Resident 22's clinical record revealed no evidence that Resident 22 was provided with a notice of transfer from the facility.
During a staff interview on July 18, 2024, at approximately 10:50 AM, the NHA confirmed the facility did not have evidence that Resident 22 was provided with a transfer notice. During the interview, the NHA revealed that hospital provision of transfer notices was a process that the facility was working towards improving.
Review of Resident 25's clinical record revealed diagnoses that included dementia (brain damage caused by multiple strokes which causes memory loss in older adults) and cerebral infarction (a stroke - damage to the brain from interruption of its blood supply).
Review of Resident 25's clinical record revealed that the Resident was transferred to the hospital on May 15, 2024, and returned to the facility on May 21, 2024.
During an interview with the NHA and DON on July 18, 2024, at 10:40 AM, the NHA confirmed that the facility was unable to provide documentation that Resident 25's responsible party or the Pennsylvania State Ombudsman was notified of their transfer to the hospital.
Review of Resident 27's clinical record revealed diagnoses that included End Stage Renal Disease (condition where one's kidneys are functioning below 10 percent of their normal function) and diabetes mellitus (condition results from insufficient production of insulin, causing high blood sugar).
Further review of Resident 27's clinical record revealed that she was transferred to the hospital on March 9, 2024, following a change in condition and was subsequently admitted.
Review of available documentation revealed no evidence that Resident 27 or her representative were provided with a notice of transfer related to her March 9, 2024, hospitalization, or that the Office of the State Long-Term Care Ombudsman was notified of the transfer.
Review of Resident 39's clinical record revealed diagnoses that included cerebral infarction and End Stage Renal Disease.
Further review of Resident 39's clinical record revealed that she was transferred to the hospital on April 8, 2024, and on July 4, 2024, for evaluation following a fall on each of those dates and was subsequently admitted.
Review of available documentation revealed no evidence that Resident 39 or her representative were provided with a notice of transfer related to her April 2024 and July 2024 hospitalizations, or that the Office of the State Long-Term Care Ombudsman was notified of the transfers.
During an interview with the NHA on July 18, 2024, at 10:32 AM, she revealed that she was not able to provide evidence that Resident 27, Resident 39, their representatives, or the Office of the State Long-Term Care Ombudsman were provided with a notice of transfer related to their aforementioned hospitalizations.
Review of Resident 54's clinical record revealed diagnoses that included vascular dementia (brain damage caused by multiple strokes which causes memory loss in older adults) and mild intellectual disabilities.
Review of Resident 54's clinical record revealed that the Resident was transferred to the hospital on January 4, 2024, and returned to the facility on January 9, 2024.
Further review of Resident 54's clinical record revealed that the Resident was transferred to the hospital on May 21, 2024, and returned to the facility on May 25, 2024.
During an interview with the NHA and DON on July 18, 2024, at 10:40 AM, the NHA confirmed that the facility was unable to provide documentation that the Pennsylvania State Ombudsman was notified of Resident 54's transfers to the hospital.
Review of Resident 103's clinical record revealed diagnoses including dementia and hypertension.
Review of Resident 103's clinical record revealed that Resident 103 was transferred to the hospital on May 5, 2024, returned May 6, 2024, and May 27, 2024, returned on June 4, 2024.
Review of available documentation provided by the facility and contained in Resident 103's clinical record revealed no evidence that the facility provided Resident 103 with a notice of transfer at the time of the aforementioned hospital transfers.
During a staff interview on July 18, 2024 at approximately 10:50 AM, the NHA confirmed the facility did not have evidence that Resident 103 was provided with a transfer notices. During the interview, the NHA revealed that hospital provision of transfer notices was a process that the facility was working towards improving.
28 Pa. Code 201.14(a) Responsibility of licensee 28 Pa. Code 201.18(b)(2)(3) Management
| | Plan of Correction - To be completed: 09/10/2024
1. Notice was sent to the State Long-Term Care Ombudsman Office for Residents 5, 7, 22, 25, 27, 39, 54, and 103 and RP's notified. 2. A Comprehensive review to be completed of all discharges in the last two weeks to ensure that documentation was sent to the Office of the State Long Term Care Ombudsman's Office as required.
3. The facility will take the further steps to ensure that the problem does not recur by in-servicing the IDT Team on FTAG 623 with a focus on notification of the State Long Term Care Ombudsman upon discharge.
4. Compliance will be monitored by the NHA/Designee through 4 audits weekly x 3 weeks to ensure residents who have been discharged have the State Ombudsman Notifications completed, with audit results being reported to the QAA committee to determine the need for further follow up/monitoring.
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