§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 a review of clinical records and grievances filed with the facility and resident and staff interviews, it was determined that the facility failed to demonstrate timely and adequate efforts to resolve resident grievances including those voiced by two out of 23 residents sampled (Residents 76 and 90).
The findings include:
A review of clinical record revealed that Resident 76 was admitted to the facility on June 30, 2021, with diagnoses that include gastroesophageal reflux disease ([GERD] occurs when stomach acid frequently flows back into the esophagus) with esophagitis (inflammation or irritation of esophagus, the pipe that carries food from mouth to stomach) and muscle weakness.
An annual Minimum Data Set assessment (MDS - a federally mandated standardized assessment process conducted at specific intervals to plan resident care) dated February 14, 2024, revealed that the resident was cognitively intact, requiring moderate assistance with activities of daily living (ADL).
A "Grievance/Concern Form" filed by Resident 76's guardian on May 3, 2024, on behalf of the resident revealed that the resident would like to talk to dietary staff about her current preferences. The facility's noted results and findings of the grievance were that the dietary manager went to discuss the resident's preferences. The facility resolution was that the dietary manager reviewed preferences with the resident, guardian and resident were informed.
During an interview with Resident 76 on May 7, 2024, at 9:44 AM the resident stated that she was on a full liquid diet, and she was tired of the food/beverages the facility provided her to eat on this diet. She stated that she never receives a bedtime snack because of this diet, and she wanted to discuss her preferences with someone that could help her with this problem.
During a follow-up interview with Resident 76 on May 9, 2024, at 11:10 AM the resident stated that no facility staff had yet visited her to discuss anything related to her food preferences with her, and she was upset.
A review of clinical record revealed that Resident 90 was admitted to the facility on December 6, 2023, with diagnoses that include irritable bowel syndrome - diarrhea ([IBS-D] frequent episodes of diarrhea with abdominal pain) and need for assistance with personal care. A quarterly MDS dated March 13, 2024, revealed that the resident was cognitively intact, requiring extensive assistance ADLs.
During an interview with Resident 90 on May 7, 2024, at 10:10 AM the resident stated that she had filed a grievance with the facility related to staff's failure to answer her call bell on the 11:00 PM to 7:00 AM shift three weeks ago. She stated that staff came in after about 45 minutes, after she initially rang the call bell, and said they would be right back, but never returned leaving her incontinent of bowel and bladder for 15 hours. The resident stated that to date she has not heard anything back from staff related to this grievance filed.
There was no indication that the facility had timely evaluated the resident's complaints regarding untimely call bell response and improper incontinence care. There was no documented evidence at the time of the survey ending May 10, 2024, that the resident's grievance was addressed or investigated by the facility.
At the time of the survey ending May 10, 2024, the facility was unable to provide documented evidence that it had determined if the residents' felt that their complaints or grievances had been resolved through any efforts taken by the facility in response to the residents' expressed concerns regarding food preferences, untimely call bell response and proper incontinence care.
During an interview with the Nursing Home Administrator (NHA) and Director of Nursing (DON) on May 10, 2024, at 12:30 PM, were unable to provide documented evidence that the facility had followed up with the residents to ascertain the effectiveness of the facility's efforts in resolving their complaints regarding dietary and nursing services.
28 Pa. Code 201.18 (e)(1)(2) Management
28 Pa. Code 201.29 (a)(c) Resident rights
28 Pa. Code 211.12 (c)(d)(3)(5) Nursing services
| | Plan of Correction - To be completed: 06/25/2024
1) Resident #76 and #90 grievances have been completed to resident satisfaction. 2) NHA/ Designee will audit grievances from the last 7 days to ensure they were completed timely and adequate efforts made to resolve resident grievances. 3) NHA/Designee will provide education to all facility staff on Grievance policy/procedures. Education will include the grievance process and completion in 5 days once the grievance officer has received the grievance. 4) NHA/Designee will complete random audits will be completed weekly X 12 weeks to ensure grievances are completed to ascertain the effectiveness of the facility's efforts regarding dietary and nursing services. Results of audits will be reported and reviewed by the Quality Assurance Performance Improvement Committee and changes will be made as needed.
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