Failure to Allow Hospitalized Resident to Return After Clearance for SNF-Level Care
Summary
The deficiency involves the facility’s failure to allow Resident #129 to return to the facility after a hospital transfer, despite the hospital determining he was appropriate for skilled nursing facility (SNF) level of care. Resident #129 had multiple chronic conditions, including Parkinson’s disease, bilateral sensorineural hearing loss, bilateral unqualified visual loss, hypertension, diabetes mellitus, hyperlipidemia, dementia, anxiety disorder, depression, and asthma. His medical record from admission through 4/18/26 showed no evidence of behaviors. A late entry nursing note dated 4/20/26 documented that on 4/19/26 he was observed kneeling on the floor over his roommate, appearing very aggressive and intending harm. The two residents were separated, assessed with no injuries noted at that time, the provider and responsible parties were notified, and Resident #129 was sent to the hospital for evaluation. Interviews with multiple nurse aides indicated that prior to this incident, Resident #129 had not exhibited aggressive or violent behaviors toward other residents. Staff reported that he could become irritable and yell at staff to leave his room, but he would calm down and apologize after a short period, and they were surprised to learn of his aggression toward his roommate. One nurse aide recalled that during the incident the nurse had already separated the residents when she entered the room, and she observed the roommate with a small laceration near the left eye that healed within two days. Law enforcement was notified, and Resident #129 was transferred to the hospital. A transfer/discharge notice was provided to him, stating that the transfer/discharge was necessary for his welfare, that his needs could not be met in the facility, and that the safety of individuals in the facility was endangered due to his clinical or behavioral status. Hospital records from 4/19/26 through 4/21/26 showed that Resident #129 was evaluated in the Emergency Department (ED) for agitation. A psychiatry and behavioral medicine consultation noted his history of Parkinson’s disease with worsening confusion, no prior psychiatric history of aggression or agitation, and his report that he became upset when he found someone in his bed. The psychiatric evaluation found no acute psychiatric illness and that he did not meet criteria for inpatient admission. ED documentation also noted that he was blind and hard of hearing. ED case management notes indicated that the facility initially stated he could return when a private room became available the next day, but later informed the hospital that he would not be allowed to return at all. The ED/Behavioral Health Case Manager confirmed that the ED providers had cleared him for SNF-level care and that the facility’s hospital liaison, after consulting with the Administrator, stated the resident could not return. The resident’s responsible party (his spouse) reported being informed by the facility nurse that he was being sent to the hospital for confusion, delusions, and anger toward his roommate. She stated that a hospital case manager later told her the facility initially required a 24-hour wait for a private bed, then later said the resident would not be accepted back, and that other facilities were not accepting him. She reported being told by the hospital that he had to go home, and that when she spoke with the facility’s Director of Nursing she was told she had no appeal or recourse. Social workers at the facility stated they were not involved in decisions about whether a resident could return, indicating that such decisions were handled by Admissions, the Administrator, and the Director of Nursing. The Admissions Director and Admissions Ambassador both stated they had no role in deciding whether a resident was allowed to return and that the decision regarding this resident was made by the Administrator and Director of Nursing. The Nurse Practitioner stated she was informed of the incident the following morning and was not involved in the decision to refuse readmission, but agreed with the conclusion that the facility could not provide the level of care he needed at that time, citing his cognitive decline and visual impairment and the concern that he could again attack someone if he misperceived a situation. The Physician similarly stated that the decision not to allow the resident to return was made by the Director of Nursing and Administrator without his involvement; he was informed afterward and agreed with the decision but did not document that the facility could not care for the resident. The Administrator reported that the decision not to allow Resident #129 back was based on the incident and the hospital records, which showed only a psychiatric assessment and clearance to return the same day. She stated she believed the facility could not guarantee the safety of other residents if he returned and confirmed that the facility’s hospital liaison informed the hospital that the resident would not be returning. There was no documentation in the report that the facility completed or documented a comprehensive assessment demonstrating that the resident’s needs could not be met in the facility or that the safety of individuals was endangered in a manner that justified refusing his return after the hospital cleared him for SNF care. As a result, Resident #129 did not return to the facility and was ultimately discharged home with his spouse with home health services arranged by the hospital. The responsible party expressed concern that he did not receive additional therapy before returning home but stated he did not appear to have psychosocial harm and was doing “okay” at home. The deficiency centers on the facility’s failure to allow the resident to return following a hospital transfer, despite the ED’s determination that he was appropriate for SNF-level care and the lack of prior documented aggressive behavior in the facility record, and on the decision-making process by the Administrator and Director of Nursing that led to his non-readmission without documented physician involvement at the time of the decision or documented evidence that the facility could not meet his needs.
Penalty
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