Failure to Follow Bed-Hold and Return Policy After Hospitalization
Summary
The deficiency involves the facility’s failure to follow its own written bed-hold and return policy and to permit a long-term resident to return after a hospitalization. The resident had been originally admitted in 2019, with a re-admission in 2023, and had multiple diagnoses including unspecified dementia, mild intellectual disability, major depressive disorder, anxiety, and end-stage renal disease requiring dialysis. Her MDS documented severe cognitive impairment (BIMS score 4), impaired vision, and a need for assistance with ADLs, as well as behavioral issues such as yelling, hitting herself, and prior aggression toward others. Care plan and psychiatric documentation showed ongoing use of psychotropic medications (Risperidone) for dementia and aggressive behavior, and staff and psychiatric notes described temper tantrums, verbal aggression, and a history of harming others and combativeness when she did not get her way. On a date in early February, nursing notes and transfer documentation show the resident was sent to the hospital for shortness of breath and decreased oxygen saturation. EMS records indicate she was found on oxygen at the facility with reported O2 saturation dropping to 84%, was placed on a non-rebreather mask, and transported with improved oxygenation. The facility’s own “Bed-Holds and Returns” policy, revised October 2022, states that residents and/or representatives are to be informed in writing of bed-hold policies well in advance of transfer and again at the time of transfer (or within 24 hours for emergencies), and that residents must be permitted to return following hospitalization unless specific discharge criteria are met and facility-initiated discharge requirements are followed. The Executive Director acknowledged that no bed-hold was offered to the resident’s guardian at the time of this hospitalization and that there was no documentation in the clinical record of a bed-hold notice or of the guardian being notified in writing. When the hospital was ready to discharge the resident back to the facility, the Executive Director reported that the resident was not re-admitted because he believed the facility was full and that only a semi-private bed was available, which he deemed inappropriate due to a prior incident in July 2025 when the resident had hit a roommate. He stated he had decided the resident could not have a roommate and that the facility had been cited previously related to that incident. Census reports for mid-February, however, showed an empty female bed in a specified room on multiple consecutive days. The PASRR Unit Supervisor and the resident’s guardian reported that the Executive Director made it clear he did not want the resident to return, did not respond to multiple calls and an email from PASRR and the guardian regarding the resident’s hospital discharge, and told them there were no beds available. The Executive Director also confirmed that no 30‑day discharge notice was issued, that there was no documentation of the October family meeting in the resident’s record, and that the facility did not document the guardian’s report of missing personal items or complete a grievance form. The guardian stated that when she came to pick up the resident’s belongings, she was kept at the entrance, handed pre-packed boxes, noted missing items, and was told staff did not know what happened to them. The facility’s actions and omissions resulted in the resident not being allowed to return after hospitalization, contrary to the facility’s written bed-hold and return policy and without following required facility-initiated discharge procedures. Interviews with multiple staff members, including LVNs and a CNA, confirmed the resident’s long-term status at the facility, her behavioral patterns (temper tantrums, cursing, hitting herself, throwing items), her dialysis schedule, and that she had been moved from a private to a semi-private room prior to the July 2025 roommate incident. Staff recalled being told, informally, that the resident could not have a roommate but did not know the formal basis. The PASRR Unit Supervisor and guardian described an earlier family conference in October 2025 with the Executive Director, DON, MDS nurse, ombudsman, and others, during which the Executive Director stated the facility had converted to a short-term stay model and that the resident should be placed in a more stable LTC setting. Despite this, there was no documentation of a formal discharge plan or 30‑day notice in the record, and when the resident was hospitalized for pneumonia and ready for discharge, the facility did not readmit her, did not provide required written notices, and did not document the decision as a facility-initiated discharge in accordance with policy and regulatory requirements. The facility’s own policy states that residents, regardless of payer source, must be permitted to return following hospitalization or therapeutic leave, and that if the facility determines a resident cannot return, it must comply with facility-initiated discharge requirements, including appropriate notice and documentation. The Executive Director acknowledged that the facility did not offer a bed-hold at the time of transfer, did not issue a 30‑day discharge notice, did not document the October family meeting, and did not document the guardian’s grievance about missing belongings. The PASRR Unit Supervisor and guardian reported that the resident remained in the hospital until another facility could be found, and the guardian stated that the resident had been at the original facility for seven years and considered it her home. These documented actions and inactions by the facility and its leadership led directly to the deficiency related to failure to follow bed-hold and return policies and failure to properly manage a facility-initiated discharge when the resident was hospitalized and ready for return.
Penalty
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