F 0623
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide timely notification to the resident, and if applicable to the resident representative and ombudsman,
before transfer or discharge, including appeal rights.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
medical record review, staff interview, admission packet review, review of facility documents and review of
facility policy, the facility failed to ensure a written discharge notice was provided to residents and their
representatives for a facility-initiated discharge. This affected one (#1) of three residents reviewed for
discharge. The facility census was 80.
Findings Include:
Review of Resident #1's medical record revealed an admission date of 07/18/23 and a discharge date of
02/24/24. Diagnoses included pleural effusion (fluid around his lungs), Alzheimer's disease, dementia,
cough, edema, shortness of breath and altered mental status.
Review of Resident #1's Minimum Data Set (MDS) dated [DATE] revealed a Brief Interview for Mental
Status (BIMS) score of four indicating Resident #1 was severely cognitively impaired. Resident #1 required
partial assistance from staff with toilet use, bathing, and dressing. Resident #1 displayed no behaviors at
the time of the review.
Review of Resident #1's care plan canceled 02/29/24 revealed supports and interventions for dependence
on staff for meeting emotional, intellectual, physical and social needs, self-care deficit, impaired cognitive
function, risk for pain, and psychosocial wellbeing problem related to ineffective coping and dementia.
Review of Resident #1's admission referral packet dated 07/14/23 revealed Resident #1's wife had reported
Resident #1 had been confused, aggressive and cussing which was new for Resident #1. There was no
indication Resident #1 was a registered sex offender.
Review of Resident #1's progress notes revealed on 07/18/23 Resident #1 admitted to the facility. Social
Services contacted Resident #1's wife and was informed Resident #1's wife and children had a difficult
relationship with Resident #1 and provided some background information on their family life. Resident #1's
wife indicated Resident #1 may need long term placement due to worsening disease process. Resident
#1's wife reported she had power of attorney. There was no indication documented Resident #1 was a sex
offender.
On 07/20/23 a care conference was held. There was no information provided to the facility regarding
Resident #1 being a sex offender.
Further review of Resident #1's medical record found no evidence he was checked prior to admission
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 2
Event ID:
365898
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
365898
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/21/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Divine Rehabilitation and Nursing at Sylvania
5757 Whiteford Rd
Sylvania, OH 43560
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0623
in the sex offender database.
Level of Harm - Minimal harm
or potential for actual harm
Review of Resident #1's medical record revealed the resident was discharged from the facility on 02/24/24
and was transferred to another facility. Review of Resident #1's Discharge Documentation found no
discharge notice was provided for a facility-initiated discharge.
Residents Affected - Few
Review of the Sex Offender Data base revealed Resident #1 was categorized as a sexual predator and
currently resided in the Cleveland area of Ohio. Resident #1 was convicted in the state of Michigan on
03/31/04.
Review of the facility's undated form titled, Fast Pass Inquiry Form, revealed the facility would not accept
new admissions with active tuberculosis, chest tube, tracheostomy, vent, peritoneal dialysis, pregnant
resident, arterial lines, documented harm to self or others, and known sex offender.
Interview on 03/20/24 at 10:32 A.M. with Social Services Director (SSD) #239 revealed Resident #1 was
admitted to the facility and his sex offender status was not disclosed and the sex offender registry had not
been checked prior to admission. SSD #239 verified once his sex offender status was discovered his wife
was contacted, notified the facility was not able to have sex offenders, and discharge locations were
provided. Resident #1's wife chose for Resident #1 to be transferred to another facility who was able to
accept residents who were registered sex offenders.
Interview on 03/20/24 at 11:01 A.M. with the Administrator and Director of Nursing (DON) verified the
facility did not accept sex offenders into the facility. The Administrator verified once Resident #1's sex
offender status was identified Resident #1's wife was notified of the need for transfer and Resident #1 was
transferred to a sister facility who was able to take sex offenders. The Administrator stated the facility felt the
situation with Resident #1 was an emergency safety risk and Resident #1 was put on one on one
supervision until he was transferred to the other facility. The Administrator further verified an emergency or
30 day discharge notice was not provided to Resident #1 or the family.
Review of the facility's admission packet revealed the facility would not transfer or discharge a resident from
the facility except if the resident's welfare and needs could not be met or the health and safety of the
resident, other residents or staff in the facility were endangered. The facility would give a written notice of
discharge thirty days prior to then anticipated date of discharge unless the health and safety of the resident
or others was endangered in which case notice would be made as soon as practicable.
Review of the facility policy titled, Transfer and Discharge (Including AMA), revised February 2023 revealed
generally a discharge notice must be provided at least 30 days prior to a facility-initiated transfer or
discharge of the resident. Exceptions to the 30-day requirement when the transfer or discharge was
effective because the health and/or safety of individuals in the facility would be endangered due to the
clinical or behavioral status of the resident. In these exceptional cases the notice must be provided to the
resident, resident's representative, and ombudsman as soon as practicable before the transfer or
discharge.
This deficiency represents non-compliance investigated under Complaint Number OH00151742.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365898
If continuation sheet
Page 2 of 2