F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
D

Failure to Implement Admission Policy and Disclose Service Limitations

Briarcliff Health CenterTyler, Texas Survey Completed on 04-05-2024

Summary

The facility failed to implement an admission policy and did not disclose to a resident notice of special service limitations prior to admission. A resident was admitted to the facility despite being a registered sex offender, which was against the facility's admission criteria. The resident had severe cognitive impairment and multiple diagnoses, including dementia, unsteadiness on feet, repeated falls, adult failure to thrive, depression with anxiety, and Parkinson's disease. The resident was discharged shortly after admission when the facility became aware of his status as a sex offender, which was disclosed by a family member during a visit to the facility. The Director of Admissions claimed that the family did not inform him that the resident was a sex offender during the admission process. However, the family member stated that she had informed the Director and provided the contact information of the person the resident reported to. The facility's policy explicitly stated that they could not admit sex offenders, and the Director of Admissions admitted that the resident would not have been admitted if this information had been known. The situation led to the resident being discharged abruptly, causing distress to the family. Interviews with various staff members, including the Administrator, ADON, LVN, and RNC, confirmed that the facility's policy prohibited the admission of sex offenders. The Administrator and other staff members were unaware of the resident's status until it was disclosed by the family member. The facility conducted an in-service training to reinforce the admission policy and ensure that residents are checked on the relevant website prior to admission. The failure to adhere to the admission policy and the lack of proper communication led to the deficiency in the facility's admission process.

Penalty

Inspection fine: $16,801
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0620 citations
Noncompliant Admission Liability Language and Missing Resident Property Inventories
D
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

Surveyors found that the facility’s admission and valuables policies contained language stating the facility would not be responsible for resident money or personal items above a set dollar amount and would not be liable for lost or stolen items except in limited circumstances, effectively requiring residents or their representatives to waive facility liability for personal belongings. Review of records for two residents showed that, although admission agreements were properly signed, required Resident Inventory Listing forms were not completed, contrary to the facility’s own personal property policy. The administrator reported that the staff member responsible for inventories had left and not been replaced and stated that corporate legal guidance was that the facility was not required to replace stolen or missing items, with replacement handled only on a case-by-case basis.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Admission Agreement Signed Without Confirmed Capacity
D
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

Admission agreement signed without confirmed capacity. A resident with dementia, moderate cognitive impairment on BIMS, and pre-admission concerns for worsening cognition, poor self-care, and frequent falls signed his own admission paperwork. The record did not show attempts to contact his HC POA before the signature, and staff later acknowledged the resident was confused and that a psych note described cognitive deficits and memory gaps requiring POA support.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Admission Documents at or Before Admission
D
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

A resident admitted with diverticulosis and a cognitive communication deficit did not receive required admission documents at or before admission. The admissions packet was generated but later found unsigned and was only sent by certified mail after the resident had already discharged. The resident’s family confirmed the documents were received post-discharge. The Admissions Director acknowledged that some residents had not been given admission documents upon admission and that he mailed them later, citing frequent turnover in the admissions role. The DNS stated she expected admission documents to be provided timely.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Noncompliant Admission Agreement and Failure to Disclose Kosher Diet Requirements
C
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

Surveyors found that the facility’s admission agreement and related forms did not disclose the facility’s kosher diet practices and improperly required residents to waive certain rights and facility liability. The admission packet lacked written information about kosher dietary restrictions, and the Hospital Liaison reported that potential residents and families were not routinely informed in writing about the kosher diet, only possibly mentioned verbally without explanation. A Risk Acknowledgement form stated the facility was not responsible for stolen, lost, or damaged personal property and not responsible for the development of pressure sores, despite regulatory requirements against such waivers and requirements to provide care to prevent pressure sores. The NHA could not provide evidence that the admission agreement had been approved at the time of a change in ownership and confirmed that residents were not consistently informed in writing about the kosher diet.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Maintain Personal Property Inventories and Provide Accurate Admission and Deposit Information
F
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

The facility failed to maintain required inventories of personal belongings for two cognitively intact residents who reported missing clothing, despite a policy requiring completion and updating of inventory sheets and staff acknowledgment that such forms should be present and scanned into the medical record. A resident with anxiety, DM, and glaucoma did not receive an admission packet on the day of admission and lacked a baseline care plan, with the admission packet only signed later. The facility also used a new admission agreement that did not address prior $6,000 security deposits required under a previous management contract; one resident’s family provided documentation of having paid such a deposit, but subsequent invoices showed no record of a refund after discharge, while leadership reported unawareness of the prior deposit terms and that deposit funds were not turned over during the ownership change.

Inspection fine: $117,800
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Obtain Required Admission Consent From Resident’s Conservator
D
F0620 F620: Not require residents to give up Medicare or Medicaid benefits, or pay privately as a condition of admission; and must tell residents what care they do not provide.
Short Summary

A resident with DM and HTN, who required supervision to maximal assistance with ADLs, was admitted without obtaining admission consent from the court-appointed conservator, despite facility policy requiring consent from the resident or responsible party and presentation of surrogate documentation at or before admission. The conservator later reported she had not been informed of the transfer and had not authorized the admission, and the Admission Coordinator acknowledged that the facility’s admission policy was not followed.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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