Failure to Provide Complete and Timely Transfer/Discharge Notices and Ombudsman Notification
Summary
The deficiency involves the facility’s failure to follow required transfer/discharge notice procedures for one resident who was being discharged for non-payment of share of cost. On 4/9/26, the facility issued a NOTICE OF TRANSFER / DISCHARGE to the resident, listing non-payment as the reason and using the same date, 4/9/26, as the effective date of discharge. The notice was signed by a facility representative, but the "Transfer/Discharge to" field was left blank because no destination had yet been identified, and the "Copy to: State LTC Ombudsman Office" line was also left blank. The resident later reported that she received what she understood to be a 30-day eviction notice around 4/10/26, signed it with her initials due to shaky hands, and was not given a copy of the 30-day notice. Interviews with staff confirmed that the Social Services Director and Business Office Manager initiated the 30-day notice on 4/9/26 due to non-payment and that a copy of the notice was not provided to the resident because she did not specifically request one. The Social Services Director and DON both stated that the notice had not been submitted to the Ombudsman at the time of the initial issuance, and the facility’s practice was to fax the notice to the Ombudsman on the day of discharge. The Administrator acknowledged that regulations require a copy of the notice to be given to the resident and that all discharge and transfer notices should be sent to the Ombudsman within 24 hours. The Ombudsman confirmed that their office should receive a copy of the 30-day notice at the same time it is given to the resident and reported that, as of 4/22/26, their office had not received the notice for this resident. A board-and-care placement was identified as the discharge destination on 4/20/26, and the Social Services Director created an updated notice including the discharge location on that date. However, the resident was not asked to sign this updated notice until the actual day of discharge, 4/23/26, as the facility was still waiting for DME. The Medical Records Director stated that the updated notice, dated 4/23/26, was faxed to the Ombudsman on 4/23/26 at 2:58 PM, and the resident was discharged at approximately 3:55 PM that day. The resident reported that the facility had her sign another paper as she was leaving on 4/23/26. The Administrator later stated that the original notice with the blank discharge destination did not meet facility requirements, but that the updated notice signed on the day of discharge was not considered a new notice that reset the 30-day period, and also stated that the facility’s process when a discharge destination is unknown is to inform residents they will be discharged within 30 days to a safe location and update them later. The facility’s written policy requires that notices include the specific transfer/discharge location, be provided to the resident and representative at least 30 days in advance, be sent to the State LTC Ombudsman at the same time, and that significant changes such as a change in destination require a new notice that resets the 30-day advance notification period.
Penalty
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