§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 observation, facility policy review, staff and residents' interview, it was determined that the facility failed to provide residents access to grievance information on two out of three nursing units. (2nd floor and First floor Stenton unit).
Findings include:
A review of an undated facility policy and procedure titled, "Grievances/Complaints. Filing", indicated "Residents and their representatives have the right to file grievances, either orally or in writing, to the facility staff or to the agency designated to hear grievances (e.g., the State Ombudsman). Grievances and/or complaints may be submitted orally or in writing and may be filed anonymously."
During the resident council group meeting that was held on February 27, 2024, at 10:37 a.m. with 7 alert and oriented residents (R11, R36, R24, R6, R8, R23 and R20) reported that they were not aware of the facility grievance process and how to file grievances. Residents also stated they did know how to access grievance forms and file grievances anonymously.
An interview and observation on July 17, 2024, at 12:15 p.m., with Regional Nurse, Employee, E4, it was revealed that there were no grievance forms or grievance instruction available on both side of the First floor Stenton unit. On the Second-floor nursing unit there were no grievance forms or grievance instruction were available on the unit. First floor Stenton unit and second floor unit did not have any availability for residents to file an anonymous grievance.
28 Pa. Code 201.18(b)(2) Management
28 Pa. Code 201.29(a)(i) Resident rights
| | Plan of Correction - To be completed: 08/20/2024
a. Grievance postings were placed on all resident units in visible areas notifying the grievance officer and how to file an anonymous grievance on 07/17/2024. Grievance forms were also placed on all resident units on 07/17/2024. b. An audit was completed of all resident units and common areas to ensure that grievance forms and postings were present. Variances were addressed at the time of the audit and placed on the facility audit tool. c. The NHA/Designee re-educated the Interdisciplinary Team on the policy and procedure for the availability of grievance forms and postings in all resident areas. d. The NHA/Designee will complete random audits of grievance forms and postings to ensure that they are present and appropriately placed for resident units weekly for four weeks and monthly for two months. Audit findings will be addressed and submitted to the Quality Assurance Performance Improvement Committee for further review and recommendations.
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