§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.
|
Observations:
Based on interviews with resident and staff, review of facility policy and grievances, it was determined that the facility failed to make prompt efforts to resolve resident's grievances for one of four resident records reviewed (Resident R2).
Findings include:
Review of the facility's policy titled, Grievance/Concern Management, effective February 2021 states, "The residents have a right to present concerns, recommend changes in policies and services. These rights include the right to prompt efforts by the facility to resolve residents' concerns. The same policy states that the Nursing Home Administrator (NHA) is responsible for oversight of the concern process. In addition, the Social Services Director in collaboration with the NHA will be the Grievance Officer at the facility."
Review of Resident R2's clinical record revealed that the resident was admitted to the facility on October 28, 2019, with the diagnoses of Chronic Obstructive Pulmonary disease (respiratory disease), high blood pressure, and major depression (severe sadness).
Review of facility grievances/concern reports revealed on May 29, 2024, revealed that Resident R2 submitted a grievance regarding a missing pair of dark brown boots and a pair of brown pumps.
On May 31, 2024 the facility followed up stating the articles were not found on Resident R2's inventory sheet and the resident was made aware.
An interview was conducted with the Nursing Home Administrator (NHA) and the Grievance Officer on July 29, 2024. The grievance officer (GO) stated two weeks ago she received receipts of the two pairs of shoes and the receipts have been sitting on the GO's desk. Review of these receipts revealed both shoes were purchased online in 2021 and both purchases were mailed to the facility's address. The NHA then stated I told Resident R2 "I needed the money in the petty cash to reimburse her and I don't have the money to pay her."
28 Pa. Code 201.14 (a) Responsibility of licensee
28 Pa. Code 201.29 (a) Resident Rights
| | Plan of Correction - To be completed: 08/30/2024
1.Resident R2 grievance from May 29, 2024, regarding missing a pair of dark brown boots and a pair of brown pumps with a dollar value of $95 was immediately reimbursed to the resident on July 30, 2024. 2.An initial audit was conducted by the NHA/designee on all residents who filed a grievance within the last 90 days. 3.Re-education will be provided to the Nursing Home administrator (NHA) and Grievance Officer regarding the facility policy grievances/concerns being resolved promptly/timely. 4.NHA/ designee will conduct weekly audits x 4 weeks on 6 residents who filed grievances, then monthly x2 months, then quarterly for 2 quarters to assure that grievances/concerns have been reviewed and resolved per facility policy. The results of the audit will be presented to the Quality Assurance Committee Meeting monthly for review. The date of anticipated compliance will be August 30, 2024.
|
|