Avera Prince of Peace: Unsafe Discharge Failures - SD
The facility's January 2024 admission agreement addendum for rehabilitation and transitional care units forced residents to consent upfront to being moved when an interdisciplinary care team determined they had met treatment goals or no longer benefited from specialized care.
"By signing this admission Agreement Addendum, you are consenting to be transferred from the Unit when you have met the goals set out in the plan of care," the document stated. Residents had to agree to "fully cooperate with the Facility discharge planning staff" and consent to transfers to long-term care facilities that "may be outside the Sioux Falls area."
The pre-signed consent violated federal regulations protecting nursing home residents from involuntary discharge. Under federal law, facilities can only transfer residents for specific reasons like medical necessity or safety concerns, and must provide proper notice and appeal rights for each individual case.
Avera Prince of Peace's standard discharge policy correctly outlined lawful reasons for transfer, including when a resident's welfare requires it, their health has improved sufficiently, or safety is endangered. The policy also properly noted residents' right to appeal transfers to the state.
But the specialized unit agreements circumvented these protections by requiring advance consent as a condition of admission. The addendum made discharge automatic once the care team reached its determination, with residents having already waived their right to contest the decision.
The facility's approach particularly affected residents needing long-term care who couldn't be safely discharged home. These residents faced mandatory transfer to other facilities potentially far from family, having consented to such moves before their care even began.
Federal inspectors cited the violation under regulations governing transfer and discharge rights, finding the practice created potential for actual harm to residents.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Avera Prince of Peace from 2025-11-06 including all violations, facility responses, and corrective action plans.
Additional Resources
Data source: Official federal inspection data from the Centers for Medicare & Medicaid Services (CMS).
Editorial process: AI-synthesized regulatory data, reviewed for accuracy by our editorial team.
Professional review: All content reviewed by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal.
Last verified: June 20, 2026 · Our methodology
AVERA PRINCE OF PEACE in SIOUX FALLS, SD was cited for violations during a health inspection on November 6, 2025.
The policy also properly noted residents' right to appeal transfers to the state.
Health inspections identify deficiencies that facilities must correct. Violations range from minor documentation issues to serious safety concerns. Review the full report below for specific details and facility response.