Finding Description
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, review of clinical record, and review of facility policy and procedure, the facility failed to ensure Notice of Medicare Non-Coverage (NOMNC) regarding end of insurance coverage and discharge for one resident (#69) was provided timely according to regulation and facility policy. The deficient practice could lead to inadequate notice for a resident or resident representative to appeal the decision.Findings include:Resident #69 admitted to the facility on [DATE], with diagnoses of hemiplegia and hemiparesis following cerebral infarction affecting right dominant side, dysphagia following cerebral infarction, metabolic encephalopathy, type 2 diabetes mellitus without complications, and other abnormalities of gait and mobility.Review of the clinical record revealed no evidence that a NOMNC was delivered to the beneficiary/representative at least two (2) days before the Medicare covered services ended.An admission Nursing Observation assessment dated [DATE], revealed Resident #69's preferred language was a language other than English, and the document revealed unable to determine whether the resident needed or wanted an interpreter to communicate with a doctor or health care staff. Additionally, the resident had unclear speech-slurred or mumbled words, was sometimes understood, and sometimes could understand others' verbal communication.A Brief Interview for Mental Status (BIMS) assessment dated [DATE], revealed a score of 1, indicating severe cognitive impairment.A baseline care plan dated January 9, 2026, revealed Resident #69 had an alteration in communication, with a goal that the resident's needs would be met daily. The care plan revealed that the resident had a language barrier, and had aphasic, disorganized, and slurred speech, with an intervention for a speech therapy consult. The care plan revealed that the check boxes for a communication board, written communication, and/or translation application were not checked.A Provider Notification progress note dated January 10, 2026, revealed Resident #69 would not take any medications or allow her blood sugar to be checked that morning. A language communication board was used but the resident pushed medications away from her and tried to wheel herself away from nursing staff with one arm. The note revealed that staff attempted to provide education on risks / benefits to the resident, but unable to verify understanding due to language barrier. There was no evidence of attempts to use an interpreter or a translator application.An Occupational Therapy (OT) Evaluation and Plan of Treatment dated January 10, 2026, revealed Resident #69 primarily spoke a foreign language other than English, and that the resident was pleasant, cooperative, and attentive. The document revealed Resident #69 required maximum assistance to perform lower body dressing and toileting, and required moderate assistance to perform upper body dressing and bathing. The goals of the plan of care included for the resident to reach an independent level of functioning in these tasks, and the frequency of the plan of care included 3-7 times per week for 4 weeks.An OT Service Log revealed on January 10, 2026, Resident #69 participated in 15 minutes of OT evaluation, 20 minutes of therapeutic activity, and 25 minutes of self-care management training.A Nursing note dated January 11, 2026, revealed Resident #69 was alert and uncooperative, and had an unwitnessed fall. The note revealed a certified nursing assistant (CNA) found the resident on the ground next to her bed sitting upright while holding her call light in her hand. The documentation revealed the resident was asked what happened but was unable to provide any information about the fall.An OT Service Log revealed on January 11, 2026, Resident #69 participated in 21 minutes of therapeutic activity. The Service Log included that the resident refused treatment on January 13, 14, and 15, 2026, with the same male therapist.A Physical Therapist (PT) Evaluation and Plan of Treatment dated January 12, 2026, revealed the reason for referral included that Resident #69 presented to the hospital with increased dizziness, confusion, and right sided weakness, and was diagnosed with a cerebral vascular accident (CVA / stroke). The evaluation revealed the resident's primary language was a foreign language other than English. The evaluation included that the resident required partial assistance to perform bed mobility and transfers with a hemiwalker, and required moderate assistance to be able to propel 30 feet in a wheelchair, with therapy goals to improve mobility to an independent level. The plan included for a frequency of 3 to 5 times per week, for 6 weeks.A PT Service Log included that on January 12, 2026, Resident #69 participated in 15 minutes of PT evaluation and 25 minutes of therapeutic activity.A Speech Therapy (ST) Evaluation and Plan of Treatment dated January 12, 2026, but signed January 16, 2026, revealed the resident predominantly spoke a foreign language other than English, was alert and oriented only to herself, and was pleasantly confused and impulsive. The evaluation revealed the resident had a diagnosis of dysphagia, and had goals for safe swallowing. The evaluation included it should be noted that (the resident) would not cooperate with attempts to assess her cognitive linguistic skills. The evaluation included no evidence of any attempts to use a language board, a translator application, or interpreter.An ST Service Log included that on January 12, 2026, Resident #69 participate in 10 minutes of ST evaluation, and 45 minutes of treatment of swallowing dysfunction and/or oral function for feeding.A Nursing note dated January 13, 2026, revealed the resident had a fall, and was found next to the bed on the floor, and was unable to describe the event. The note included that the provider was notified of the resident's fall.A PT Treatment Encounter Note dated January 13, 2026, revealed that resident #69 was refusing, pushing therapist away and holding onto a rail from her wheelchair, and refusing to leave her room. Regarding a pain assessment, the documentation included unable to communicate pain. The documentation included no evidence of attempts to use a language board, or translator application, or interpreter to communicate with the resident.An ST Service Log revealed that on January 13, 2026, Resident #69 participated in 55 minutes of treatment of swallowing dysfunction and/or oral function for feeding. The ST Treatment Encounter Note for January 13, 2026, included that Resident #69 was alert to herself only and confused, and required maximum verbal cues and gestures to increase her participation. The documentation included no evidence of attempts to use a language board, or translator application, or interpreter to communicate with the resident.An ST Service Log revealed on January 14, 2026, that Resident #69 participated in 57 minutes of treatment of swallowing dysfunction and / or oral function for feeding. The ST Treatment Encounter Note for January 14, 2026, included the resident was oriented only to herself and pleasantly confused, and willing to comply / cooperate with the treatment only if it took place in her room. The documentation included no evidence of attempts to use a language board, or translator application, or interpreter to communicate with the resident.A Nursing note dated January 14, 2026, revealed at 6:15 a.m., two CNAs attempted to change the resident, and the resident was observed screaming, kicking, scratching staff, and refusing medications and blood sugar checks at times. The documentation revealed the resident was redirected, and was changed. There was no evidence of notification to the provider of the resident's behaviors.A Nursing note dated January 14, 2026, at 12:10 p.m., revealed Resident #69 was observed attempting to get out of bed and stand by herself without assistance, and when staff tried to assist the resident, the resident smacked staff's arm and gestured with her hand to move and get out. The note revealed that additional staff were able to assist the resident into the wheelchair. The note included that the resident started throwing things onto the floor and into the trash, including the resident's leg brace, sensor pad, and wheelchair pad. There was no evidence of notification to the provider of the resident's behaviors.A Nursing note dated January 14, 2026, at 9:38 p.m., revealed Resident #26 remained combative and refused all care and medications. There was no evidence of notification to the provider of the resident's continued behaviors.A Nursing note dated January 14, 2026, at 9:52 p.m. revealed Resident #60 had 3 unwitnessed fall events that evening alone. The note revealed that the resident would not allow any staff to touch her and continued to be very distressed and seemed unable to be safe at that time, and that the provider was notified.A care plan initiated January 14, 2026, included a problem that the resident had behavioral symptoms of noncompliant with medications and treatments and occasionally combative with caregivers. The approaches / interventions dated January 14, 2026, included to administer medications per physician orders, aid in avoiding stressful situations, allow resident adequate time to complete task on own, if able, allow quiet, calm environment during acute phase, anticipate resident's needs, approach resident calmly and introduce self during encounters or cares, consult with physician regarding drug regimen as needed, encourage independence in activities of daily living (ADLs) as resident is safely able, encourage positive expressions of concerns, anxieties, and fears, gently explain all cares before processing, keep pathway clear of clutter, labs as ordered, and validate positive expressions of concerns, anxieties, and fears.The care plan was reviewed and revealed no evidence of updates to the care plan regarding communication with the resident whose primary language was a foreign language other than English, and no evidence of any interventions to include attempts to use a translator application or interpreter.A Nursing note dated January 14, 2026, at 9:59 p.m. revealed that a psychiatric consult was ordered for Resident #69. The note included that the resident's family was contacted and urged to sit bedside with her or hire someone to sit bedside with her 24/7 for the resident's safety. The note revealed that the resident's family stated that they are not in the city and unable to hire someone that evening. The note included that the family was informed to speak with management tomorrow for a plan of action. Additionally, the note revealed that the resident was refusing all medications that evening, was sitting on the floor and refusing to get back in bed, refusing staff to come near her, was not receptive to redirection, and appeared comfortable at that time. The documentation revealed no evidence of attempts to use a language communication board, or an interpreter, or a translator application.A Nursing note dated January 14, 2026, at 10:10 p.m. revealed that the physician ordered to send the resident to the hospital.A Nursing note dated January 14, 2026, at 10:26 p.m. revealed Resident #69 had barricaded herself in the room, and that staff were attempting to get into the room in order to check on her, and that the physician was aware.A physician order dated January 14, 2026, included for a psychiatric consult, and to discharge the order when completed.A Nursing note dated January 15, 2026, at 1:05 a.m., revealed transportation arrived to take the resident to the hospital at 10:45 p.m., and that due to it being an all male crew, it was requested per their supervisor to wait to exchange care with a female crew, and that an all female crew arrived at 12:05 p.m.An Acute Care Transfer nursing progress note dated January 15, 2026, at 1:05 a.m., revealed the resident was transferred to the hospital due to having 3 unwitnessed fall events on evening shift, and the resident was unable to answer questions.A Nursing progress note dated January 15, 2026, at 4:27 a.m. revealed Resident #69 returned to the facility with no findings per the hospital Emergency Department (ED), and had no injury and no evidence of urinary tract infection (UTI) or other abnormal lab results. Additionally, the documentation revealed the resident was resting comfortably in bed.A Social Services progress note dated January 15, 2026, at 9:48 a.m., signed by the administrator (Staff #81), revealed that the administrator spoke with the resident's son and stated concerns about the resident's safety and need for a caregiver with her from 4:00 p.m. to 6:00 a.m. The note revealed that the son stated he will plan to take her home with him or have her stay with her brother for safety reasons, but revealed no evidence of a timeframe for a planned discharge. The note revealed that the administrator shared with the resident's son information for a private caregiver company for hire in case the son needed it for that night. The note revealed that the son stated at worst, he would be at the facility by tomorrow to take Resident #69 home.An ST Service Log dated January 15, 2026, revealed Resident #69 participated in 45 minutes of treatment of swallowing dysfunction and/or oral function for feeding. The ST Treatment Encounter Note dated January 15, 2026, included that the resident was treated in her room as she refuses to leave the room, and cooperated with treatment. The note included a recommendation to continue the plan of care.Despite the recommendation to continue the plan of care, an ST Discharge summary revealed dates of service included January 12 - 15, 2026, and the Discharge Summary was signed on January 18, 2026. The Discharge Summary included that the resident had made minimal progress and was discharged home with her son.A PT Treatment Encounter Note dated January 15, 2026, included that Resident #69 was waving her left upper extremity indicating no. The note revealed education was provided that the resident could stay in her room, and the resident appeared to accept and sat quietly, and demonstrated an increased quiet demeanor. The note included no evidence of attempts to use a language communication board, or an interpreter, or a translator application. The note revealed the response to the session was nonparticipative.A PT Discharge Summary revealed the dates of service included January 12 - 15, 2026, and signed on January 17, 2026. The documentation included no evidence that the resident met her goals, and no evidence of attempts to use a language communication board, or an interpreter, or a translator application. The documentation revealed the resident was refusing.A Nursing progress note dated January 15, 2026, at 9:54 p.m., revealed Resident #69 had direct 1 to 1 supervision with a private sitter, and that the resident refused medications, blood glucose checks, and a skin check. The note revealed that the resident was calm and not calling out. The note included no evidence of attempts to use a language communication board, or an interpreter, or a translator application.A Discharge Planning note dated January 15, 2026, revealed the resident was discharging home with the resident's son on January 16, 2026, and that communication was with Resident #69's son, and the discharge location and discharge letter were discussed, and the Notice of Medicare Non-Coverage (NOMNC) was signed. The documentation revealed no evidence that the NOMNC timeframe was waived, or that information regarding appeal was given to the son, or that the discharge was driven by the resident or family, or that the discharge was due to the facility not able to meet the resident's needs, or due to safety concerns.A Discharge BIMS assessment dated [DATE], revealed the Resident had a score of 4, indicating severe cognitive impairment.Despite the order for psychiatric evaluation, the clinical record revealed no evidence that either an emergency or standard psychiatric consult were provided to Resident #69 at any time during her stay at the facility.A Discharge Instructions and Summary document, dated January 16, 2026, signed by the discharge nurse (Staff #88) on January 15, 2026, and also signed by the resident's son on January 16, 2026, revealed that the resident was discharged to home, and the reason for discharge was completed skilled services, and the recapitulation of stay, included that the resident participated in therapy sessions as tolerated.Despite the documentation that the reason for discharge was due to completion of skilled services, a Notice of Transfer or Discharge document, revealed the reason for discharge was the resident's needs cannot be met in the facility. The documentation revealed information to appeal the discharge decision, and information to contact the Long-Term Care Ombudsman. The document revealed conflicting information; the first page of the document revealed the notice was given on January 15, 2026, however, the second page of the document revealed the notice was given on January 16, 2026. The document was signed by the resident's son on January 16, 2026.The clinical record was reviewed, and revealed no evidence of a physician note stating that the resident was not safe to remain in the facility or that the resident's needs could not be met in the facility.Additionally, despite the Discharge Planning note revealing that the NOMNC was signed on January 15, 2026, the Notice of Medicare Non-Coverage (NOMNC) document revealed that the Medicare coverage of your current skilled nursing services will end on January 15, 2026. The document was signed by Resident #69's son on January 16, 2026. The document revealed information regarding the right to appeal the decision.A Discharge progress note dated January 16, 2026, revealed Resident #69 left the facility at 11:20 a.m. to discharge home and that transportation was provided by the resident's son, and the resident's family was made aware of the resident's continued refusal of medications.A telephonic interview was conducted with Resident #69's son on February 4, 2026, at 8:45 a.m. who stated that he was called by facility staff on January 15, 2026, informing him that Resident #69 could no longer stay at the facility because she was resisting staff and was difficult at night. The son stated that the facility staff stated that the only condition that the resident could stay in the facility the night of January 15, 2026, was if the resident had a family member who could stay overnight with the resident or if the resident's family hired a private sitter to come to the facility overnight with the resident. The son stated he was panicking because he lived out of town and could not be there, and stated that he did not want the facility to kick her out to the curb, so he hired a private caregiver / sitter to stay with the resident overnight on the night of January 15, 2026. The son stated that he had to pay for the sitter out of pocket, because the facility staff had told him that the facility could not provide that level of one to one care. The son stated that the facility did not give him 48 hours' notice for the end of coverage or discharge, or information to appeal the decision, and that he found out about Resident #69's discharge on the January 15, and had to come to the facility the morning of January 16, 2026, to pick her up.An interview was conducted on February 5, 2026, at 9:59 a.m. with a licensed practical nurse / discharge nurse (LPN / Staff #88) who stated that the facility's discharge process included that the interdisciplinary team (IDT) meets to determine a discharge, and that there is a notification process that typically requires 48 hours' notice to be given to a resident or a resident's responsible party before end of Medicare coverage prior to discharge. Staff #88 stated that the importance of the 48-hour advanced notice is because there is an appeal process that patients or their representative or family can initiate, and the advanced notice of end of coverage or discharge allows time for the appeal process. Additionally, Staff #88 stated that the advanced notice also keeps the discharge process from being rushed, so residents and families can reduce stress surrounding the discharge process. Staff #88 stated that Resident #69 had met her therapy goals, and completed her skilled stay. The clinical record was reviewed, and Staff #88 stated that Resident #69's son was called and notified on January 15, 2026 of the planned discharge on [DATE], and the son was going to come to the facility on January 16, 2026, to transport the resident home. Staff #88 stated that the resident's NOMNC and notice for discharge were signed on January 16, 2026 by the resident's representative, who was her son. Despite his previous statements, Staff #88 then stated that Resident #69 was given the NOMNC and notice of discharge on [DATE], and that the resident was alert, of sound mind, and could make her own decisions. Additionally, Staff #88 stated that Resident #69 had a rushed discharge because of safety concerns, because the resident was combative, was refusing therapy, and the resident needed a caregiver/sitter between the hours of 4:00 p.m. to 6:00 a.m.An interview was conducted with a licensed practical nurse (LPN / Staff #10) who stated that he had cared for Resident #69, and that the resident could understand very basic things, but did not speak English, and would have bouts of confusion and was impulsive and very forgetful. Staff #10 stated that from his experience, the resident's behaviors never became too much for staff to handle, and that she was able to calm down with staff interventions.An interview was conducted with the Rehab Service Manager and Activities Director (Staff #5) on February 5, 2026, at 9:24 a.m., who stated that typically residents are scheduled for physical therapy 5 times per week, and occupational therapy 5 times per week, and speech therapy as needed. Staff #5 stated that if a resident were to miss or refuse a session, that therapy staff have a general practice to try 2-3 times during the day to get the resident to participate in therapy, and if still missed or refused, then the session would be attempted to be made up on the weekend. Regarding Resident #69, Staff #5 stated that the resident primarily spoke a foreign language other than English, and that he did not know of a language interpreter service or translator service that the facility had. Staff #5 stated that the resident was hit or miss whether she would participate in therapy, that some days the resident would participate, and other days the resident was really upset and would refuse. Staff #5 reviewed the clinical record and stated that regarding physical therapy (PT), Resident #69 was evaluated by PT on January 12, 2026, and had a PT treatment session on January 13, refused the session on January 14, and then had a physical therapy session on January 15, and was discharged by PT services later that day on January 15, 2026. Regarding occupational therapy (OT), Staff #69 was evaluated by OT on January 10, 2026, and then was discharged by OT services on January 12, 2026. Staff #5 stated that he did not believe the resident was being treated by speech therapy.An interview was conducted with the administrator (Staff #81) on February 5, 2026, at 10:17 a.m. who stated that the facility is equipped to care for residents with cognitive impairments, dementia, and/or behaviors by first pre-screening residents prior to admission to ensure the residents are appropriate for the facility, and additionally by discussing possible interventions with resident's family, physicians, and care team members to ensure the appropriate interventions are in place for those residents. Regarding Resident #69, the administrator stated he remembered the resident. The administrator stated the resident became progressively more confused over the course of her stay at the facility, and reverted back to speaking her native foreign language other than English, and that with that came the challenges of her participation in therapy. The administrator stated that Resident #69 was discharged because she met her goals physically, and could get around, but there was no cognitive carryover. Additionally, the administrator stated he was aware there was a requirement for notice of discharge, and requirement for the NOMNC to be issued 48 hours prior to end of coverage of a resident, and he believed that the resident's son was given 48 hours advanced notification.An interview was conducted with a registered nurse / Assistant Director of Nursing (RN / ADON / Staff #85) on February 5, 2026, at 10:33 a.m. who stated if a resident had impaired cognition or dementia and had behaviors, then staff would re-orient the resident to the room, perform additional safety checks, ask the resident's family for assistance and to provide re-assurance to the resident, and if needed, refer the resident and the family to an outside caregiving company for additional caregiver support. Additionally, Staff #85 stated that a resident with behaviors could be referred for a psychiatric consult, which would provide the resident with additional interventions such as activities or medications to assist with managing the resident's behaviors. Regarding Resident #69, Staff #85 stated that she remembered the resident primarily spoke a foreign language other than English, and that the resident could understand some English. Staff #85 stated that she was not aware that the facility had a translator or interpreter service, but that there was a sign with some pictures on it to help identify basic wants or needs of a resident. The clinical record was reviewed, and Staff #85 stated that the reason the resident was discharged was because she refused everything, including therapy, and that she did not meet her therapy goals. Staff #85 stated that a psychiatric consult was ordered on January 14, 2026, but that the resident did not receive it before she was discharged on January 16, 2026.A telephonic interview was conducted with a registered nurse (RN / Staff #146) on February 5, 2026, at 12:00 p.m. who stated that she recalled Resident #69, and that she received report from the previous shift staff that the resident had some aggressive behaviors, and that during her shift, the resident had some episodes of refusing some care, and that she observed the resident throw some of her equipment onto the floor. Staff #146 stated that the resident was able to be calmed down and redirected, and that she felt the resident was appropriate for the facility. Staff #146 also stated that she did not know the extent of the resident's language barrier or how much of the communication the resident could understand.An interview was conducted on February 5, 2026, at 12:20 p.m. with the Director of Nursing (DON / Staff #86), who stated that the discharge planning process includes that the discharge nurse (Staff #88) starts communicating with families early in the resident's stay to determine the appropriate and planned discharge setting. The DON stated that every week, the interdisciplinary team (IDT) meets to decide if residents are ready for discharge and safe to go home. Regarding the NOMNC, the DON stated that it is required to give 48 hours advanced notice from the termination of services. The DON stated that the risk to a resident if not given the 48 hours advanced notice of a resident's termination of services, with the information on how to appeal the decision would be that the resident or resident's family may not have enough time to appeal the decision. The DON stated that resident's and their families should be given notice and made aware that they have the right to appeal the decision. Regarding behavioral services, the DON stated that the facility has two psychiatrist providers and a psychologist to assist residents who are having behavioral problems. The DON stated that including a psychiatric provider can be beneficial to a behavioral resident because the provider would discuss additional interventions, recommendations, or medications if necessary, and that would be added to the resident's care plan. Additionally, the DON stated that the psychiatric provider can perform emergency visits if needed. Regarding Resident #69, the DON stated that she was not very familiar with the resident, and that prior to the day the resident was discharged , the DON stated she received a call from the nurse that the resident had barricaded herself in her room, and the nurse had to walk around the outside of the building to look into the resident's window to ensure the resident was safe. The DON stated that she believed it was the resident's son who wanted the resident to discharge home, and she was not sure where she had heard that information.An interview was conducted with a regional corporate resource (Staff #15) on February 5, 2026, at approximately 12:25 p.m. who stated the NOMNC should be given 72 hours before a resident's discharge.Review of the facility policy titled Notice of Medicare Non-Coverage (NOMNC), version A0717 (undated), revealed that the facility will deliver a NOMNC for all beneficiaries eligible for the expedited process, even if the resident agrees with the termination of services. The NOMNC must be prepared using the OMB approved for (CMS-10123) by either typing or writing in the appropriate fields the following information:The resident's nameThe Medicare patient number or unique medical record numberThe type of coverageThe effective date (last date of coverage)The NOMNC will be delivered to the beneficiary at least two (2) days before the Medicare covered services end. The beneficiary must sign and date the NOMNC to demonstrate that they received the notice and understand the termination decision can be appealed or disputed. If the beneficiary refuses to sign the NOMNC, annotate the notice to that effect and indicate the date of refusal on the notice. The date of refusal is considered to be the date of notice receipt. The NOMNC may be delivered to a beneficiary authorized representative who has been appointed to act on behalf of the beneficiary during the appeal process. Whenever possible, delivery of the NOMNC should occur in person; however, the following alternative means of delivery are acceptable:TelephoneIf contact by telephone is necessary, the date you communicate the information is considered the NOMNC's receipt date.Annotate the NOMNC to document the telephone contact on the day that you make the telephone contact, reflecting that all of the required information was included in the communication.The annotation should include the name of that staff person initiating the contact, the name of the representative contacted by phone, the date and time of the telephone contact, and the telephone number called.Place a dated copy of the annotated NOMNC in the beneficiary's medical file and mail a NOMNC to the representative the day the telephone contact is made.Retain the original signed document in the beneficiary's file, and provide the beneficiary copies of all notices that include all of the required information such as the effective date and covered service at issue.