Providing Notification to the Ombudsman

In a letter issued to Nursing Home Administrators, the Office of the State Long Term Care Ombudsman reiterates the circumstances under which the Ombudsman is to be notified of the transfer or discharge of a resident from the nursing home. In addition, the letter states that only the notice needs to be provided, and facilities do not need to send discharge instructions or medical records to the Ombudsman. Recent federal nursing home regulations state the following:

(3) Notice before transfer. Before a facility transfers or discharges a resident, the facility must –

(i) Notify the resident and the resident's representative(s) of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand. The facility must send a copy of the notice to a representative of the Office of the State Long-Term Care Ombudsman.

The new Requirements of Participation and Centers for Medicare and Medicaid Services (CMS) guidance (S&C 17-27) state that all facility-initiated or involuntary discharge and transfer notices must be sent to the Office of the State Ombudsman at the time of issuance to the resident. Per the regulation, only the discharge notice needs to be sent to the Ombudsman Program for each facility-initiated or involuntary discharge. Facilities do not need to send resident discharge instructions or medical records, only the discharge notice issued to the resident and/or the resident representative.

Regarding emergency transfers or transfers to acute care facilities, the guidance is that the notice of the transfer may be provided to the resident and resident representative as soon as practicable. Copies of notices for emergency transfers must also still be sent to the Ombudsman, but they may be sent when practicable, such as in a list of residents on a monthly basis. A list should not be sent of all discharges; a list may only be sent for emergency transfers/hospital transfers.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832