F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
E

Failure to Timely Refund Resident Personal Funds After Discharge and Death

Lake Mariam Health And Rehabilitation CenterWinter Haven, Florida Survey Completed on 04-29-2026

Summary

Surveyors identified that the facility failed to refund personal funds owed to two discharged residents within the required timeframe. For one resident, the resident’s representative reported on 04/29/2026 that they had not received a refund. Record review showed this resident had been discharged to a hospital on 08/10/2025 and subsequently died on 09/01/2025. The resident’s financial transaction report, covering 05/01/2025 to 03/31/2026, showed a patient liability credit of $620.29, indicating a refund was due from monies paid. Despite this, the Nursing Home Administrator (NHA) confirmed that the refund had not been issued, and the resident was more than 30 days post-discharge. For a second resident, records showed admission on an unspecified date and death on 08/20/2026. The financial transaction report for 07/01/2025 to 03/31/2026 showed a patient liability credit of $804.81, also indicating a refund was due. During an interview on 04/29/2026, the Business Office Manager (BOM) stated that this resident had requested a refund, and that a request for $804.80 had been sent to the corporate accounts payable office on 03/30/2026, but the refund had not yet been sent. The BOM and NHA both confirmed that refunds for these two residents had not been issued and that both cases exceeded 30 days post-discharge. Review of the facility’s undated “Refund of Overpayments” policy showed that personnel are to promptly refund overpayments, that monies on deposit are to be refunded upon request or death, that overpayments should be refunded as soon as possible but not later than 60 days (30 days if an electronic adjustment is possible), and that personal funds are to be made available to a deceased resident’s representative within thirty days of death.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0582 citations
Failure to Issue Required SNF ABN When Discontinuing Medicare Part A Services
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

A resident with intact cognition receiving Medicare Part A skilled services for metabolic encephalopathy had services discontinued while benefit days remained, but the facility did not issue the required Skilled Nursing Facility Advance Beneficiary Notice (SNF ABN). The Social Services Director later confirmed that no SNF ABN was provided and reported she believed only a Notice of Medicare Non-Coverage (NOMNC) was needed when all skilled services were stopped. This practice conflicted with the facility’s written policy, which required SNF ABNs to be issued when extended care items or services were initiated, reduced, or terminated due to expected non-coverage by Medicare.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Timely Refund Full Balance Owed After Resident Discharge
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

A resident who had prepaid for services was discharged with a credit balance of $7,582.31 due back after copays were applied, but the facility did not refund the full amount within the required 30 days. The business office confirmed the resident had prepaid $11,067.31 and acknowledged that the facility’s refund turnaround time was about 30–60 days. Documentation showed two partial refund checks totaling $5,123.31 were sent, leaving $2,459.00 still owed to the resident beyond the 30-day timeframe, contrary to federal requirements and the facility’s own policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Timely Refund Resident Personal Funds After Death or Discharge
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

The facility failed to follow its own policy and federal requirements to return personal funds within 30 days after a resident’s death or discharge. One deceased resident’s representative reported making multiple in‑person visits and numerous phone calls over several weeks to recover more than $1,800 from the resident’s account, with the refund not issued until months later. In addition, two discharged residents had remaining account balances that were not refunded within the expected 30‑day period, and one resident’s balance continued to accrue without any refund being processed. The Regional Director of Business Office Services and the Administrator both acknowledged that refunds were not completed within the required timeframe.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
ABN Forms Not Provided When Medicare Part A Coverage Ended
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

ABN forms were not provided for two residents when Medicare Part A skilled coverage ended. One resident had profound/severe cognitive impairment with dependence for ADLs, and the other had severe cognitive impairment and could not make medical decisions. The BOM stated both residents remained in the facility after their last covered day and received a NOMNC, but not an ABN, even though the forms were needed to explain which services Medicare would cover and which costs could become the resident's responsibility.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Timely Medicare Skilled Service Termination Notices
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

Failure to Provide Medicare NOMNC and Appeal Notice: Two residents did not receive required notice when Medicare Part A skilled services were ending. One cognitively intact resident signed the NOMNC on the same day services ended, with no documentation of the required advance notice, and another resident’s representative received only verbal notice, with no written NOMNC, cost information, or appeal rights documentation.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide Required NOMNC at End of Medicare Part A Services
D
F0582 F582: Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
Short Summary

A resident receiving Medicare Part A skilled services was transferred to a hospital, then readmitted under Medicare Part A and continued to receive therapy, but when Part A coverage was discontinued, the facility did not issue the required Notice of Medicare Non-Coverage (NOMNC). Documentation confirmed Medicare Part A as the payor and an OT visit shortly before coverage ended, yet there was no record of NOMNC being given to the resident or representative. The Administrator and Financial Coordinator reported that the team had decided to end Part A services while the resident was hospitalized and assumed that, because the resident remained in the facility and was Medicaid pending on readmission, a NOMNC was not needed, and the facility lacked a formal beneficiary notification policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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