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

Failure to Address Resident Council Concerns

Kemp Care CenterKemp, Texas Survey Completed on 05-02-2024

Summary

The facility failed to consider the views of a resident or family group and act promptly upon the grievances and recommendations of such groups concerning issues of resident care and life. Specifically, the facility did not document their efforts to resolve concerns collected at the resident council meetings held on multiple dates. The recurring issue of call lights not being answered timely was raised in each meeting, but there was no documentation of any actions taken to address these concerns. This failure was confirmed through interviews with the resident group, the Social Worker, the Activities Director, the DON, and the Administrator, all of whom acknowledged the issue but did not provide evidence of any follow-up actions or resolutions. The resident group consistently reported that call lights were not being answered timely, with instances of residents waiting for hours to receive assistance. Despite these repeated complaints, the facility did not file grievances or document any steps taken to address the issues. The Social Worker, who was responsible for grievances, and the Activities Director, who communicated the concerns to the DON and Administrator, both indicated a lack of knowledge or action regarding the proper grievance process. The Administrator, who had only been at the facility for one month, admitted that the concerns should have been brought to him and distributed to department heads for resolution. The Corporate Nurse was unable to provide the policy regarding grievances when requested.

Penalty

Fine: $92,814
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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 in Ohio
Failure to Address Repeated Resident Council Concerns About Snacks and Food Temperature
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to adequately address repeated resident council concerns about limited snack variety and consistently cold food. Over many months, residents with various medical conditions, including dementia, CKD, pulmonary disease, and dysphagia, repeatedly reported that snacks lacked variety and that meals were often served cold in both rooms and the dining area. Concern forms generated from council meetings were incomplete or failed to address all issues raised, and residents stated they were not offered additional snack options or information on available items. The Activity Director confirmed that these concerns were ongoing and frequently reported, while also acknowledging a lack of knowledge about any effective actions taken to resolve the problems, despite a policy requiring written administrative responses to council concerns.

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.
Failure to Address Repeated Food Committee Complaints and Resident Group Concerns
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to investigate or respond to repeated food-related complaints raised through resident Food Committee meetings, including concerns about food quality, temperature, portion sizes, presentation, menu variety, use of Styrofoam, lack of fresh bread, unannounced substitutions, and inconsistent snack service. Meeting minutes over several months documented ongoing dissatisfaction, yet there was no evidence of a plan of action, follow-up, or feedback to residents. The Dietary Manager and Administrator acknowledged awareness of complaints and confirmed there was no tracking system for resolution, while the Ombudsman reported multiple unresolved food complaints. Several residents reported being served burnt or tough food, unwanted substitutions, cold meals, plastic silverware, and repetitive menus, and stated that despite voicing concerns in resident groups, nothing changed.

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.
Failure to Address Resident Council Grievances
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Nine residents raised concerns about delayed medication administration, staffing, and continuity of care during a council meeting. The facility did not document specific details of these concerns or provide evidence of follow-up or action taken in response, and repeated requests for such documentation from the administrator were not answered.

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.
Failure to Address Resident Council Concerns About Unsafe Driveway
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility did not resolve repeated resident council complaints about cracks and holes in the driveway, resulting in incidents where residents in wheelchairs became stuck. Despite ongoing reports to administration and staff, concerns were not addressed in a timely manner, and residents felt their issues were ignored.

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.
Failure to Address Resident Council Concerns
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility did not respond to concerns raised by residents during council meetings, including issues with dietary services, late medication administration on weekends, improper medication handling, and ill-fitting bed sheets. Two residents reported that their concerns were repeatedly brought up without action, and the administrator confirmed a lack of evidence showing staff response.

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.
Failure to Address and Resolve Resident Council Concerns in a Timely Manner
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Residents repeatedly raised concerns during council meetings about delayed call light responses, staff rudeness, cold showers, and requests for additional smoking breaks, but these issues remained unresolved for several months. Residents also reported that their requests to meet without staff and have a resident take meeting minutes were not accommodated. Staff interviews confirmed that these concerns were not addressed in a timely manner, and the facility's required documentation and follow-up process was not effectively implemented.

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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