§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 review of facility policy and facility documents, resident council meeting and resident and staff interview it was determined that the facility failed to document, investigate, resolve and protect the residents from reprisal during the investigative process when filing/ identifying concerns/grievances for 11 of 18 residents ( Residents R1, R2, R3, R4, R700, R701, R702, R703, R704, R705 and R706).
Findings include:
Review of the facility " Grievances Procedure" dated 7/31/25, with a previous review date of 7/31/24, indicated the resident has a right to let their concerns be known through the grievance process which first goes through the Grievance officer, identified as the Nursing Home Administrator. The facility is responsible for the review, investigation and resolution of each grievance while protecting the resident from reprisal during the investigative process. Review of the facility grievances dated June 2025 through November 2025, identified two filed grievances that had not been investigated and the three residents identified were not protected from reprisal as per documentation within the grievance from all three individuals.
During the Resident Council Meeting held on 11/12/25, at 1:30 p.m., identified the council consensus stating the facility has not protected residents during investigations related to grievances.
During an individual interview on 11/13/25, at 8:30 a.m., Resident R6 stated that a concern had been given to the Assistant Director of Nursing Employee E1, and after the concern was provided, Nurse Aide (NA) Employee E2 identified as the staff involved came back to the resident and asked her "why did you turn me in" which caused the resident to be fearful of reprisal from the NA.
During an interview on 11/13/25, at 8:50 a.m., the Director of Nursing confirmed that the facility failed to document, investigate, resolve and protect the residents from reprisal during the investigative process when filing/ identifying concerns/grievances for 11 of 18 residents (Residents R1, R2, R3, R4, R700, R701, R702, R703, R704, R705 and R706).
28 Pa. Code 201.14(b) Responsibility of licensee.
28 Pa. Code 201.18(b)(1)(e)(1) Management.
28 PA Code: 201.29(a) Resident rights.
| | Plan of Correction - To be completed: 01/05/2026
Residents involved in these grievances (R1, R2, R3, R4, R700, R701, R702, R703, R704, R705, R706) were interviewed to ensure their concerns were addressed and that they felt safe. A lookback audit of grievance log will be completed for the past 30 days to ensure all grievances were addressed. E2 and all staff received education on effective communication at all times and to refrain from any behavior that could be perceived as retaliatory. NHA, DON and Social Services were educated on the grievance policy. Staff were educated on the grievance policy for assisting residents/families with concerns. Grievances will be audited x5 days a week x2 weeks, weekly times 2 weeks and monthly x1 month. Results of audits will be reviewed at monthly QAPI meeting to ensure compliance is met.
|
|