Failure to Provide Required 30-Day Notice for Non-Emergency Transfer
Summary
The facility failed to provide a 30‑day advance written notice of a non-emergency transfer or discharge to one cognitively intact long-term care resident, as required by state law. The resident had multiple diagnoses, including a disc condition, Type 2 diabetes, and mental health conditions, and was admitted and cared for as a long-term care resident. A progress note documented that the resident was experiencing agitation related to “situational concerns of being transferred to a new nursing home next week,” indicating awareness of an upcoming move but not formal notice. The discharge summary showed the resident was discharged to another nursing home in a different county, and the physician’s discharge order did not include a reason for transfer, level of care, or assistance needed. The official Nursing Home Transfer and Discharge Notice listed the reason for discharge as the resident’s health having improved so that facility services were no longer needed, and documented that the resident refused to sign the form. In interviews, the resident reported being given three options of places to go and being told he would be evicted if he did not choose one, and that staff said they needed to free up his room because it was being converted to a different type of care. The resident stated he chose a nursing home in Venice, Florida but was instead transported to a facility in Sarasota, Florida, and later had to arrange and pay for his own transportation back to Fort Myers after a hospitalization when the new nursing home would not readmit him. The Social Services Assistant acknowledged that the resident was not given a 30‑day written notice and only received a verbal notice of about three weeks, with no documentation of that verbal notice, and confirmed the resident refused to sign the transfer form. The Nursing Home Administrator stated they typically give a 72‑hour notice when they believe they cannot provide needed services and indicated the resident was transferred because the facility was transitioning to more short-term beds. The ADON confirmed there was no medical reason for the transfer, the resident was not a danger to self or others, still required LTC, and that the receiving facility did not provide any additional care beyond what the current facility could provide.
Plan Of Correction
Preparation and/or execution of this plan does not constitute admission or agreement by the provider of the truth of the facts alleged or conclusions set forth on the statement of deficiencies. This plan of correction is prepared and/or executed solely because it is required. N0505 30- Day Notice Required (1) What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? On , Resident #2 was discharged from the facility. (2) How you will identify other residents having potential to be affected by the same practice and what corrective actions will be taken. On , NHA/Designee completed a quality review of residents discharged in the previous 30 days to ensure residents/responsible parties that refuse to sign the Nursing Home Transfer Discharge Notice for non-emergent situations are provided a full 30 day notice with an appropriate reason. Any concerns noted were immediately corrected. (3) What measures will be put into place or what systematic changes you will make to ensure that the practice does not recur. By [R] , The NHA/Designee completed education with current social services staff and IDT team members on ensuring residents/responsible parties that refuse to sign the Nursing Home Transfer Discharge Notice for non-emergent situations are provided a full 30 day notice with an appropriate reason. Newly hired Social Services staff and IDT team members will be educated on ensuring residents/responsible parties that refuse to sign the Nursing Home Transfer Discharge Notice for non-emergent situations are provided a full 30 day notice with appropriate reason, by the NHA/Designee at orientation as a part of the systematic changes. (4) How the corrective action(s) will be monitored to ensure the practice will not recur, i.e., what quality assurance program will be put in place; The DON/Designee will audit 5 random non-emergent discharged residents to ensure residents/responsible parties that refuse to sign the Nursing Home Transfer Discharge Notice are provided a full 30 day notice with an appropriate reason, weekly x4 weeks and monthly x 2 months. The findings of these quality monitoring's to be reported to the Quality Assurance/Performance Improvement Committee monthly until committee determines substantial compliance has been met.
Penalty
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