§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 observations, facility policy review, clinical record review, and staff interviews, it was determined that the facility failed to provide residents access to grievance forms in a manner that honors the right to file grievances anonymously for one of two resident areas observed (first floor), as well as five of five residents in attendance at the group interview (Residents 3, 17, 46, 71, and 87); and failed to make prompt efforts to resolve a grievance for one of six residents reviewed (Resident 85).
Findings include:
Review of the facility policy, titled "Grievance Policy", with a review date of July 25, 2024, revealed that "The facility will make information on how to file a grievance or complaint available to the resident by notifying the resident individually or with prominent postings throughout the facility to include: the right to file a grievance anonymously."
Multiple observations from July 29, 2024, to August 1, 2024, in the facility failed to reveal that grievance forms were readily available to residents or resident representatives (first floor).
Review of Resident 3's clinical record revealed Resident 3 had a BIMS (Brief Interview for Mental Status - a cognitive assessment) score of 14 (a score of 13-15 indicates a person is cognitively intact).
Review of Resident 17's clinical record revealed Resident 17 had a BIMS score of 15 (a score of 13-15 indicates a person is cognitively intact).
Review of Resident 46's clinical record revealed Resident 46 had a BIMS score of 15 (a score of 13-15 indicates a person is cognitively intact).
Review of Resident 71's clinical record revealed Resident 71 had a BIMS score of 15 (a score of 13-15 indicates a person is cognitively intact).
Review of Resident 87's clinical record revealed Resident 87 had a BIMS score of 15 (a score of 13-15 indicates a person is cognitively intact).
During Resident Council group interviews on July 30, 2024, at approximately 10:00 AM, Residents 3, 17, 46, 71, and 87 were in attendance. When asked how they would file or submit a grievance or concerns, the Residents said they are located behind the nurses' station on the first floor, and they have to ask staff for them. Resident 71 revealed that when a grievance form is filled out and handed back to the staff at the nurses' station to give to the grievance official, the grievance is read by multiple staff members and not kept confidential.
Surveyor accompanied the Nursing Home Administrator (NHA) on August 1, 2024, at approximately 11:00 AM, to the first-floor nurses' station and the NHA asked for a grievance form. A staff member sitting behind the nurses' station opened a filing cabinet behind the nurses' station and handed the NHA a blank form.
Interview with the NHA on August 1, 2024, at 11:25 AM, revealed there is a locked grievance box located on the first floor in the lobby with a grievance form bin above it, however, the bin was empty. NHA revealed that he just made copies of blank grievance forms and placed them in the bin so that the residents are able to file a grievance anonymously.
Review of Resident 85's clinical record revealed diagnoses that included cirrhosis of liver (permanent scarring that damages your liver) and hypertension (high blood pressure).
Review of a grievance filed by Resident 85's Representative on behalf of Resident 85 on May 16, 2024, revealed multiple concerns including: Resident 85's lunch tray was at the foot of his bed, and he was pointing down at his brief that he was wet. The call bell was rung and no one came. Resident 85's Representative went to the nurses' station with the call bell still on and spoke to the charge nurse who "didn't do anything"; Resident 85's call bell not being within reach; Resident being taken to the dining area and was left in there all day and never changed; and concerns with Resident 85 not receiving showers.
Further review of the grievance form indicated there were no steps taken to investigate the grievance, and no summary of pertinent findings or conclusions regarding the Resident's concerns. The corrective action taken or to be taken by the facility as a result of the grievance filed consisted of the following: Nursing supervisor to check the room two times a shift and make sure resident is fed, checked, and changed per interim Director of Nursing. The grievance form failed to address all of the concerns mentioned. Review of the grievance form had a resolution date of May 18, 2024.
During an interview with the NHA on August 1, 2024, at approximately 11:00 AM, he revealed that he would expect grievances to be available for residents to file anonymously, and for grievances to be responded to and resolved appropriately.
28 Pa Code 201.18(b)(2)(3) Management
| | Plan of Correction - To be completed: 09/10/2024
1. Resident 85's Grievance was investigated and addressed. Box to submit anonymous grievances was made accessible. During Resident Council meetings the grievance process is reviewed with residents as well. 2. Last 30 days of grievances reviewed for completion in all areas. Boxes for grievances will be checked by grievance officer routinely. 3. Education provided to grievance officer regarding grievance policy and process for completion. 4. Audit of grievances to be completed weekly by Social Services or designee weekly for one month then monthly for two months to ensure all aspects are addressed. Random interviews of 5 alert and oriented residents to ensure they are aware of how and where to file an anonymous grievance weekly for one month then monthly for two months by SSD or designee. Results to be reviewed in QAPI.
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