§483.10(j) Grievances. §483.10(j)(1) The resident has the right to voice grievances to the facility or other agency or entity that hears grievances without discrimination or reprisal and without fear of discrimination or reprisal. Such grievances include those with respect to care and treatment which has been furnished as well as that which has not been furnished, the behavior of staff and of other residents, and other concerns regarding their LTC facility stay.
§483.10(j)(2) The resident has the right to and the facility must make prompt efforts by the facility to resolve grievances the resident may have, in accordance with this paragraph.
§483.10(j)(3) The facility must make information on how to file a grievance or complaint available to the resident.
§483.10(j)(4) The facility must establish a grievance policy to ensure the prompt resolution of all grievances regarding the residents' rights contained in this paragraph. Upon request, the provider must give a copy of the grievance policy to the resident. The grievance policy must include: (i) Notifying resident individually or through postings in prominent locations throughout the facility of the right to file grievances orally (meaning spoken) or in writing; the right to file grievances anonymously; the contact information of the grievance official with whom a grievance can be filed, that is, his or her name, business address (mailing and email) and business phone number; a reasonable expected time frame for completing the review of the grievance; the right to obtain a written decision regarding his or her grievance; and the contact information of independent entities with whom grievances may be filed, that is, the pertinent State agency, Quality Improvement Organization, State Survey Agency and State Long-Term Care Ombudsman program or protection and advocacy system; (ii) Identifying a Grievance Official who is responsible for overseeing the grievance process, receiving and tracking grievances through to their conclusions; leading any necessary investigations by the facility; maintaining the confidentiality of all information associated with grievances, for example, the identity of the resident for those grievances submitted anonymously, issuing written grievance decisions to the resident; and coordinating with state and federal agencies as necessary in light of specific allegations; (iii) As necessary, taking immediate action to prevent further potential violations of any resident right while the alleged violation is being investigated; (iv) Consistent with §483.12(c)(1), immediately reporting all alleged violations involving neglect, abuse, including injuries of unknown source, and/or misappropriation of resident property, by anyone furnishing services on behalf of the provider, to the administrator of the provider; and as required by State law; (v) Ensuring that all written grievance decisions include the date the grievance was received, a summary statement of the resident's grievance, the steps taken to investigate the grievance, a summary of the pertinent findings or conclusions regarding the resident's concerns(s), a statement as to whether the grievance was confirmed or not confirmed, any corrective action taken or to be taken by the facility as a result of the grievance, and the date the written decision was issued; (vi) Taking appropriate corrective action in accordance with State law if the alleged violation of the residents' rights is confirmed by the facility or if an outside entity having jurisdiction, such as the State Survey Agency, Quality Improvement Organization, or local law enforcement agency confirms a violation for any of these residents' rights within its area of responsibility; and (vii) Maintaining evidence demonstrating the result of all grievances for a period of no less than 3 years from the issuance of the grievance decision.
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Observations:
Based on review of select facility policy and the minutes from Residents' Council meetings and staff interviews, it was determined that the facility failed to put forth sufficient efforts to promptly resolve resident complaints/grievances expressed by a resident for one of 30 residents reviewed. (Resident R66)
Findings include:
Review of the facility policy "Resident Rights", dated August 2022, indicated that. Federal and state laws guarantee certain basic rights to all residents of this facility. These rights include the resident's right to: u. voice grievances to the facility, or other agency that hears grievances, without discrimination or reprisal and without fear of discrimination or reprisal; v. have the facility respond to his or her grievances."
A resident group meeting was conducted on March 13, 2024, at 11:30 a.m. Resident R68, R12, R16, 35, 66, 51, 143 and 34 were present during the meeting.
During the resident council group interview on March 13, 2024, at 11:30 a.m. 8 of 8 residents voiced a concern with the facility administration not resolving their grievances in a timely manner and residents stated they did not hear back from the staff after grievances were filed.
During the resident council group, Resident R66 stated he has raised some concerns to facility staff for few months and the issues were not resolved. Resident was interviewed after the meeting, he stated he voiced his concern to facility staff including nurses and supervisors for months and he did not hear any response from staff, or the issues were not resolved. Resident stated staff did not provide him medications as ordered by the physician and often times the medications were late. Resident stated he did not receive ensure as ordered by the physician. Continued interview with the resident stated he voiced the concern to the social worker on March 8, 2024, and she gave him a concern form to fill out.
Interview with the social service director, Employee E7, on March 13, 2024, at 2:02 p.m. stated resident did want to raise concerns to the facility staff on March 8, 2024. Employee E7 stated she gave him a grievance form to fill out, however she did not have the concern form, or she did not know about the concerns. Employee E7 confirmed that she did not follow up with the resident about the grievance or his concerns and no immediate interventions were implemented to prevent any violations.
28 Pa. Code 201.18 (b)(1)(3)(2.1)(4) Management
28 Pa. Code 201.29 (a) Resident Rights
| | Plan of Correction - To be completed: 04/24/2024
- Corrective action: All open concerns were addressed by SSD or designee by 4/24/24. All concerns from resident council were addressed by SSD or designee by 4/24/24 - Identified Others: Resident council was held on 3/27/24 all concerns were addressed in 72 hour time frame as stated in policy - Measures implements: SSD was educated on grievance policy and concerns being resolved in timely manner and resident council concerns being addressed timely by administrator or designee by 4/24/24 - Monitoring: To monitor and maintain ongoing compliance, the Administrator/Designee will audit Resident Council Minutes & Concern log weekly x4 then monthly x2 to ensure timely follow-up. Results of audits will be reported at QAPI meeting to ensure compliance
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