F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
F

Failure to Address Resident Grievances and Ensure Access to PNA Funds

Excel Care At ManalapanManalapan, New Jersey Survey Completed on 03-06-2024

Summary

The facility failed to ensure that all residents were treated with respect and dignity by not promptly addressing ongoing grievances affecting their quality of life. Specifically, the facility did not consistently and uniformly address grievances regarding residents' access to their personal needs account (PNA) funds, food complaints related to the kosher style menu, and the lack of posted menus. This deficiency was identified by six residents who attended a resident council meeting and affected all residents on both units of the facility. During the survey, it was observed that the kitchen operated under a kosher style menu, which was not included in the facility's admission agreement. Residents reported that they no longer received pork products and were limited to chicken and fish, with repetitive menu options. Despite repeated requests for menu changes and the posting of daily menus, these concerns were not adequately addressed. The Food Service Director (FSD) and other staff members were unable to provide documentation or meeting minutes that showed any follow-up on these grievances. Additionally, residents reported difficulties accessing their PNA funds, with restrictions on the amount they could withdraw and delays in receiving their money. The facility's administration did not provide receipts for transactions and failed to ensure that funds were available on weekends. The survey revealed that the facility did not have a clear process for documenting and responding to resident grievances, leading to unresolved issues and dissatisfaction among the residents.

Penalty

Inspection fine: $63,238
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0565 citations
Failure to Initiate Grievance for Resident Council Concerns
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

A facility failed to initiate a grievance for concerns raised during a resident council meeting. Residents reported that concerns were not consistently resolved, including getting residents out of bed for meals and activities and shortages of washcloths and towels. Review of grievance logs showed no matching grievances, and the Activities Director stated a grievance should have been initiated.

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Council Meetings Not Held Regularly
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident council meetings were not held regularly, and no minutes or meetings were found for an extended period. A resident said the council had not met consistently since new ownership, and an admin staff member said she had only arranged one meeting in the past three months and did not know where the minutes were. An admin nurse was unsure whether meetings were occurring, while the facility policy stated it supports residents' rights to participate in a Resident Council.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Council Meetings Held Without Privacy
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council Meetings Held Without Privacy: A confidential resident group meeting was normally held in an upstairs dining room that had no doors or solid walls separating it from the open nurses' station or nearby hallways. Residents said they did not feel able to speak freely because staff could hear them and people could walk in and out. The Activity Director said she continued using that space because it had always been held there, and the Administrator stated the meeting should have been held in a private area. The facility had no specific policy on Resident Council meeting privacy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Council Concerns Were Not Consistently Documented or Resolved
F
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident council concerns were not thoroughly documented, effectively addressed, or resolved. Repeated complaints involved dietary issues, housekeeping, laundry, CNA cell phone use, poor room cleaning, wrong or wrinkled clothing, lack of notification about a spouse’s ambulance transfer, and frequent dining room closures. Residents and an LPN reported that the same problems kept recurring, the kitchen often ran out of items, menus were wrong, and food quality remained poor, while the DON and Administrator said the issues were addressed to the best of their ability.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Family Concern About Resident Face Bruising Was Not Timely Addressed
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

A resident with dementia and other psychiatric and neurologic diagnoses developed bruising and swelling on the face after reportedly being hit by a hairbrush. CNA and LPN assessed the resident, and the physician and DON were notified. The resident’s family later raised concerns about the bruising, but the DON had no documented follow-up or resolution, and the family reported they never heard back about the concern.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Council Grievances Not Acted On or Logged
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council concerns were not properly acted on, documented, or resolved. Meeting minutes showed repeated complaints about late meal trays, shower frequency, tough meats, missing condiments, and food requests not being followed, but the grievance log had no entries for these issues and no grievance forms were completed. The Activity Director stated grievances were not done for Resident Council as a whole, and residents reported the concerns had not improved.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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