F 0626
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Permit a resident to return to the nursing home after hospitalization or therapeutic leave that exceeds
bed-hold policy.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, for one of three sampled residents (Resident 1), the facility failed to follow a
written policy on permitting residents to return to the facility when Resident 1, who was transferred to the
hospital on [DATE] and continued to require services provided by the facility, was not allowed to return on
[DATE].
This failure resulted in an unnecessary hospital stay for nine days from [DATE] to [DATE].Findings:
During a review of Resident 1's Detailed Summary, the Detailed Summary indicated Resident 1 was
admitted to the facility on [DATE].
During a review of Resident 1's Progress Notes, dated [DATE], the Progress Notes indicated Resident 1
was admitted with diagnoses that included diabetes mellitus (abnormal blood sugar levels), chronic
obstructive pulmonary disease (COPD, refers to a group of diseases that cause airflow blockage and
breathing-related problems), and right foot osteomyelitis (bone infection).
During a review of Resident 1's Interdisciplinary Notes, dated [DATE], the Interdisciplinary Notes indicated
Resident 1 was noted with altered mental status and did not recall place and event (way of measuring one's
awareness, did not know where they are and why they are there). The Notes indicated Resident 1 was
taken to the hospital for further evaluation.
During a telephone interview on [DATE] at 3:03 p.m. with Case Manager (CM), CM stated Resident 1 was
ready to be discharged from the hospital on [DATE]. CM stated he called Admissions Director (AD) on
[DATE] but was told Resident 1 would not be allowed to return to the facility. CM also stated AD had
indicated Resident 1 was already discharged from the facility. CM stated he was told by AD that Resident 1
did not have enough Medicare (federal health insurance that covers up to 100 days of care in a facility)
days left and would require long-term stay.
During an interview and concurrent review on [DATE] at 10:50 a.m. with Director of Nursing (DON), the
facility's daily census from [DATE] to [DATE] was reviewed. DON stated when Resident 1 was transferred to
the hospital on [DATE], Resident 1 was offered a seven-day bed hold (holding or reserving a resident's bed
while the resident is absent from the facility for therapeutic leave or hospitalization). DON stated the
seven-day bed hold expired on [DATE] so Resident 1 was discharged from the system. DON stated
Resident 1 was clinically ready to return from the hospital on [DATE] and did not require special care
different than what was provided before Resident 1's transfer to the hospital. DON stated the facility did not
accept Resident 1 back because there was no available long-term bed at the time. DON was not able to
explain further what long-term bed and short-term bed meant, but
(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:
555189
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
555189
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/03/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Mercy Retirement & Care Center
3431 Foothill Blvd.
Oakland, CA 94601
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 0626
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
explained that Resident 1, after staying in the hospital for 24 days, required long-term care services the
facility could not provide. DON stated there were five available beds for potential residents on [DATE], which
DON stated, were non-long term beds. DON stated there was no facility policy identifying a long-term bed
from a short-term bed.
During a follow-up interview on [DATE] at 11:21 a.m., with DON, DON stated, on [DATE], another resident,
Resident 3 was admitted to the facility. DON stated as of [DATE], there were 35 residents currently
receiving long term care services.
During a review of the Hospitalist Discharge summary dated [DATE], the Hospitalist Discharge Summary
indicated Resident 1 will likely need a prolonged course of rehabilitation.
During an interview on [DATE] at 11:26 a.m. with AD, AD stated receiving a telephone call from CM on
[DATE] about Resident 1's return to the facility. AD stated Resident 1 had 11 Medicare days available and
had Medical (state program that pays for health care services) eligibility. AD stated, the facility's policy
indicated that if a resident was admitted to the facility for short-term stay, transferred to the hospital
unexpectedly, and returns to the facility for long-term stay, the resident would not be accepted back
because there are no long-term beds available. AD stated she was not aware of a facility policy on
permitting residents to return after hospitalization.
During a concurrent interview and review of the facility's policy and procedure (P&P) titled Bed holds and
Returns, last revised [DATE], on [DATE] at 11:47 a.m. with Regional Operations Specialist (ROS), the P&P
indicated Residents who seek to return to the facility after a state bed-hold period has expired . are allowed
to return to their previous room if available or immediately to the first available bed in a semi-private room
provided that the resident: still requires the services provided by the facility; and is eligible for Medicare
skilled nursing facility or Medicaid nursing facility services. ROS stated the facility's P&P was clear and
well-written, Resident 1 should be allowed to return to the facility.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555189
If continuation sheet
Page 2 of 2