§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 facility policy, group interview, observations of resident areas and nursing units, and staff interviews it was determined that the facility failed to ensure anonymous grievance boxes are readily accessible for resident use on three of three floors (Second, Third, and Fourth Nursing Floor). Findings include: The facility "Resident Rights" policy dated 1/16/25, indicated that the resident has the right to make a complaint to the staff of the nursing home, or any other person, without fear of punishment or reprisal. The nursing home must address the issue promptly. During an observation on 4/21/25, at 2:30 p.m. no grievance boxes were located on the Second Nursing Floor where residents, resident representatives, or visitors could utilize, if needed. During an observation on 4/21/25, at 2:36 p.m. no grievance boxes were located on the Third Nursing Floor where residents, resident representatives, or visitors could utilize, if needed. During an observation on 4/21/25, 2:41 p.m. no grievance boxed were located on the Fourth Nursing Floor were residents, resident representatives, or visitors could utilize, if needed. During an observation on 4/21/25, at 2:45 p.m. an anonymous grievance box was observed in the lobby hall sitting on a ledge with six wheelchairs being stored in front of it. The anonymous grievance box was not readily accessible to anyone at this time. During an interview on 4/21/25, at 2:49 p.m. the Assistant Nursing Home Administrator Employee E10 confirmed that the anonymous grievance box was in the lobby hallway and that there are no other grievance boxes throughout the facility that are readily accessible to residents, resident representatives, or visitors. During an interview on 4/21/25, at 2:51 the Assistant Nursing Home Administrator Employee E10 confirmed that the anonymous grievance box in the lobby hallway was blocked by six wheelchairs and was not readily accessible. During an interview on 4/22/25, at 9:31 a.m. Social Worker, Grievance Officer, Employee E4 stated, "I'm not familiar with any grievance boxes on the nursing floors. There is something down on the first floor but I'm not sure where its at". Residents usually come to me to file a grievance. During a group interview on 4/22/25, at 11: 00 a.m. three out of seven residents during a group meeting did not know where to find a grievance box in the facility, stated no grievance boxes were on the units, all you do is give your grievance to the social worker, and were unsure of how to file a grievance anonymously. During an interview on 4/22/25, at 3:00 p.m. the Nursing Home Administrator confirmed that the facility failed to ensure anonymous grievance boxes are readily accessible for resident, resident representative, and visitor use on three of three floors (Second, Third, and Fourth Nursing Floor). 28 Pa. Code 201.18e(4)Management. 28 Pa. Code 201.29(a)Resident rights.
| | Plan of Correction - To be completed: 06/04/2025
Facility had anonymous grievance box available for residents to file a grievances in an accessible location on the first floor. Wheelchairs that were temporarily blocking the box were removed and access was available
6 additional grievances boxes were ordered by facility and will be placed in the resident lounges on each unit
Education will be completed with grievance coordinator at the facility by NHA/designee on regulation F585 Grievances
Audits will be completed weekly x4 weeks and monthly x2 months on accessibility of resident anonymous grievances boxes
Audit results will be reported to the QAPI committee for review
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