Failure to Properly Document Transfer and Timely Readmit a Cognitively Intact Resident After Hospitalization
Summary
The deficiency involves the facility’s failure to timely and appropriately readmit a cognitively intact resident after a hospital transfer, and failure to properly document and manage the original transfer/discharge. The resident had chronic hypoxic respiratory failure, morbid obesity (over 500 pounds), used 4 L O2 during the day, and BiPAP at night and for naps. The resident’s MDS and behavioral health documentation showed a BIMS score of 14/15, indicating intact cognition. The facility’s EMR documented that the resident was sent to the ED for “no BM for 3 days,” with a change in condition note showing an O2 saturation of 84% on oxygen via nasal cannula and a recommendation to send to the ER. The ADON stated that the EMR did not clearly or properly document the reason for the transfer, that the facility’s practice was not to send residents out solely for constipation, and that alternative measures should have been used. The ADON also reported being unsure why the resident was sent out and acknowledged that the discharge was not properly documented. The NHA reported that the resident was initially transferred to the local ED for a hypoxic episode and then to an out-of-state hospital, and later stated that the resident would not be readmitted until “stable,” citing a need for an AVAP machine and daily ABGs that the facility allegedly could not manage. However, the resident’s EMR from prior months showed baseline O2 saturations in the mid‑80s, with some readings as low as 69% and 71%, and the out-of-state hospital record described chronic hypoxic respiratory failure on 2 L O2 at baseline. The hospital admission record from the out-of-state facility stated that the resident presented from the nursing facility with acute worsening dyspnea and hypoxia, with O2 saturation dropping to 55% on BiPAP at the facility, but there was no corresponding documentation in the facility’s EMR of such a drop. The NHA acknowledged being unaware that the last EMR note before transfer only referenced no bowel movement for three days and confirmed that whatever was in the EMR was all the facility had regarding the discharge. After the resident became medically stable at the out-of-state hospital, the resident, the hospital CM, and the Ombudsman all reported that the resident wished to return to the facility and had been educated extensively on the risks of using BiPAP instead of AVAP. The Ombudsman and the hospital CM stated that the NHA repeatedly delayed readmission, asserting the facility could not care for someone on AVAP, despite the Ombudsman and a DON at a sister facility confirming that the sister facility had experience with AVAP and a resident using it. The Ombudsman and CM described an incident in which the hospital discharged the resident back to the facility, arranging a nearly five-hour transport; upon arrival, facility staff, reportedly under the NHA’s direction, did not open the door or accept the resident, and the driver had to return the resident to the out-of-state hospital after another long trip. The resident reported feeling fine on the day of the original transfer, not understanding why he was sent out, and later described the return trip and refusal at the door as feeling like being treated as “garbage” in a “meat wagon.” The facility’s own transfer and discharge policy required that transfers/discharges be necessary for the resident’s welfare, properly documented by a physician, and accompanied by written notice and appeal rights, but the record review and interviews showed unclear documentation of the reason for transfer, lack of proper discharge documentation, and delayed or refused readmission despite the resident’s expressed desire and documented capacity to return. The NHA also reported that the Ombudsman had filed an appeal with the State Agency alleging an involuntary discharge and that the State Agency requested an involuntary discharge form, but the NHA had not yet provided anything back. The hospital CM stated that the resident had been medically stable for several days, no longer required daily ABGs, and that the resident understood and accepted the risks of his choices. The CM further reported repeated denials of readmission, difficulties in communicating with the facility, and that progress notes and discharge summaries had been sent to the NHA, who at times claimed not to have received them. During the survey, the NHA initially provided only 9 of 54 pages of the hospital discharge summary, attributing this to the admissions coordinator’s printer running out of paper, and there were multiple delays in providing requested documents. Collectively, these actions and omissions resulted in the resident not being timely readmitted to his home facility, despite his wishes, his cognitive capacity, and the hospital’s assessment of medical stability, and were inconsistent with the facility’s own transfer and discharge policy requirements.
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