Asbury Place Kingsport: Medicare Notice Violation - TN
Asbury Place Kingsport delivered the required Notice of Medicare Non-Coverage to Resident 56 on February 11, 2026, for services ending February 12 — exactly one day before coverage stopped. Federal regulations mandate at least two calendar days' advance notice.
The resident had been admitted with multiple serious conditions including nontraumatic subarachnoid hemorrhage, muscle weakness, metabolic encephalopathy, and emphysema. A social service note from February 11 documented that the resident "received NOMNC, LCD [Last Covered Day] 2/12/26. Resident did not wish to appeal."
The timing violation left the patient with insufficient opportunity to challenge Medicare's decision to end coverage. Federal policy requires the two-day window specifically so beneficiaries can file appeals before losing services.
Resident 56 signed the notice on February 11 and was discharged the following day. A discharge summary from February 13 noted staff "went over discharge instructions" and the "patient assisted to car."
During the April 1 inspection, the Social Services Director acknowledged the facility had no documentation proving the notice was presented on time. She confirmed the signature date of February 11 "did not fulfill the required two-day notice."
The Administrator also admitted the violation during her interview, stating it was her expectation for Medicare non-coverage notices to be "presented to and signed by the resident two days prior to the date of end of coverage."
The facility's own policy, titled "Form Instructions for the Notice of Medicare Non-Coverage," explicitly states the notice "must be delivered at least two calendar days before Medicare covered services end." The policy also requires that "the provider must ensure that the beneficiary or representative signs and dates the NOMNC to demonstrate that the beneficiary or representative received the notice and understands that the termination decision can be disputed."
Federal inspectors reviewed three residents for beneficiary notification compliance and found Asbury Place failed to follow proper procedures for one of them.
The violation represents a breakdown in the facility's Medicare notification system at a critical moment for a vulnerable patient. Residents facing coverage termination often need the full two-day period to understand their options, gather medical documentation, and file appeals that could extend their care.
The notice requirement exists because Medicare coverage decisions significantly impact where patients can receive care and whether families face unexpected financial responsibility. For residents with complex medical conditions like brain hemorrhages, the difference between one day and two days of notice can affect their ability to arrange appropriate post-discharge care or challenge coverage determinations.
Asbury Place's policy clearly outlined the correct procedure, and both the Social Services Director and Administrator understood the two-day requirement. Yet the facility still delivered the notice to Resident 56 just 24 hours before coverage ended.
The inspection found the facility provided minimal harm to residents, but the violation demonstrates a systemic failure in Medicare notification procedures that could affect other patients facing coverage decisions.
Resident 56 chose not to appeal the Medicare decision, but the shortened notice period meant they made that choice without the full time frame federal regulations intended to provide. The patient was discharged on schedule, assisted to a car with discharge instructions, but had received less notice than required by law about the end of their Medicare-covered stay.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Asbury Place Kingsport from 2026-04-01 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: August 4, 2026 · Our methodology
ASBURY PLACE KINGSPORT in KINGSPORT, TN was cited for violations during a health inspection on April 1, 2026.
Federal regulations mandate at least two calendar days' advance notice.
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.