§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 interview, it was determined that the facility failed to notify a resident and/or the resident's responsible party in writing of a transfer to the hospital for seven of 10 residents reviewed (Residents 3, 34, 69, 44, 62, 45, and 10). The facility also failed to notify the Office of the State Long-Term Care Ombudsman of a transfer to the hospital for 3 of 10 residents reviewed (Residents 34, 44, and 69).
Findings include:
A review of Resident 3's clinical record revealed that the facility transferred her to the hospital from November 11 to 13, 2023. There was no documented evidence to indicate that the facility provided a written notice to Resident 3's responsible party regarding her transfer to the hospital that included the required contents: reason for the transfer, effective date of the transfer, location to which the resident was transferred to, contact and address (mailing and email) information for the Office of the State Long-Term Care Ombudsman, and information (mailing and email address and telephone number) for the agency responsible for the protection and advocacy of individuals with developmental disabilities, and a statement of resident's appeal rights, including name, address (mailing and email) and telephone number of entity which receives requests.
A clinical record review for Resident 34 revealed he was transferred to the hospital from December 16 to 21, 2023, for a change in condition and was admitted. There was no evidence to indicate that Resident 34's responsible party was provided written notification to include the above-required contents. Further review of facility documentation revealed there was no documented evidence that the facility notified the Office of the State Long-Term Care Ombudsman of Resident 34's transfer to the hospital.
A clinical record review for Resident 44 revealed he was transferred to the hospital from December 18 to 21, 2023, for a change in condition and was admitted. There was no evidence to indicate that Resident 44's responsible party was provided written notification to include the above-required contents. Further review of facility documentation revealed there was no documented evidence that the facility notified the Office of the State Long-Term Care Ombudsman of Resident 44's transfer to the hospital.
A clinical record review for Resident 69 revealed he was transferred to the hospital from December 28, 2023, to January 2, 2024. There was no evidence to indicate that Resident 69's responsible party was provided written notification to include the above-required contents. Further review of facility documentation revealed there was no documented evidence that the facility notified the Office of the State Long-Term Care Ombudsman of Resident 69's transfer to the hospital.
The surveyor reviewed the above information for Residents 3, 34, 44, and 69 during an interview with the Nursing Home Administrator Director of Nursing on March 14, 2024, at 2:20 PM.
Clinical record review for Resident 10 revealed that she was transferred to the hospital on December 13, 2023, for respiratory distress. There was no evidence to indicate that Resident 10's responsible party was provided written notification to include the above-required contents.
Clinical record review for Resident 45 revealed that she was transferred to the hospital on December 27, 2023, related to pneumonia. There was no evidence to indicate that Resident 45's responsible party was provided written notification to include the above-required contents.
Clinical record review for Resident 62 revealed that he was transferred to the hospital on October 31, 2023, related to concerns with swelling around his dialysis (a process that helps your body remove extra fluid and waste when your kidneys are not able to) fistula (a surgical connection that is made between and artery and a vein for dialysis access). There was no evidence to indicate that Resident 62's responsible party was provided written notification to include the above-required contents.
The Nursing Home administrator confirmed the above noted findings regarding transfer notices during a meeting on March 14, 2024, at 2:40 PM.
The surveyor reviewed the above noted findings for Residents 10, 45, and 62, during a meeting with the Nursing Home Administrator and Director of Nursing on March 14, 2024, at 2:45 PM.
28 Pa. Code 201.14(a) Responsibility of license
28 Pa. Code 201.29(a) Resident rights
| | Plan of Correction - To be completed: 05/07/2024
1.Residents #3, #34, #69, #44, #62, #45, and #10 have had no ill effect; all have returned to the facility. The facility cannot retroactively issue a transfer notice. There were no ill effects for the inaccurate reporting to the State Long-Term Care Ombudsman. 2.The Business Office Manager/designee will review all hospital transfers to ensure a written copy of the transfer notice is provided to all residents and/ representatives. The Social Services Director/designee will audit, correct, and resubmit the prior (3) months of notifications to the State Long-Term Care Ombudsman 3.The NHA/designee will re-educate the Social Services Department, Business Office Manager, and all licensed staff on F-Tag 623, "Notice of Transfer/Discharge" to ensure a written notification of the transfer has been provided. The NHA/designee will re-educate the Social Services Department on the requirements that are needed to be sent monthly the State Long-Term Care Ombudsman. 4.An audit will be completed by the BOM/designee of all transfers/discharges 3 times a week for 2 weeks, 2 times a week for 2 weeks, and 1 time a week times a month to ensure a written notification is provided and reported to the State Long-Term Care Ombudsman. All findings will be reported to the Quality Assurance Committee Meeting.
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