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

Inspection 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

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See other F0565 citations
Unresolved Resident Council Dietary Concerns
B
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Unresolved Resident Council Dietary Concerns: Residents repeatedly voiced ongoing food and meal service complaints, including unmet preferences, late meals, missing snacks, and inconsistent tray delivery. Council minutes showed the same dietary issues carried forward month after month without clear resolution, while residents and the Dietary Mgr confirmed the concerns continued despite repeated discussion with facility leadership.

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 Report Resident Concern to Administration
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

A resident with cognitive impairment, mood disorder, and anxiety reported that a nurse aide would lay on her in bed at night. Another aide later confirmed the resident had told her this concern and said she did not report it to administration because she did not believe it was plausible. The DON and Administrator stated that any staff member receiving such a report was expected to notify administration.

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 Addressed
B
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council grievances about weekend housekeeping and unlabeled or missing clothing items were not effectively resolved or communicated. Meeting minutes documented repeated concerns over two months, and residents stated their grievances were not being addressed. The Activities Director said she relied on others to handle and report back on grievances, while the DON was unaware of any Resident Council grievance process and the Administrator could not explain how the concerns were being addressed.

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 Not Documented or Returned to Council
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 fully documented or brought back to the council for discussion. Residents reported issues with menu options and tough meat, especially roast beef, and asked for the DM to attend meetings, but those concerns were not reflected in the council minutes for multiple months. The AD said she emailed department managers about concerns, but she did not document all concerns or responses in the minutes, and the DON stated the expectation was that concerns and resolutions be recorded and reviewed with the 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 Concerns Not Documented or Resolved
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 addressed or tracked in meeting minutes for multiple residents who regularly attended. Residents said the Administrator ran the meetings, concerns were not followed up on, and prior issues never appeared as old business or with documented resolution in later meetings. The AD and Administrator both confirmed the minutes lacked evidence of resident concern resolution.

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

Failure to Address Resident Council Concerns: A resident council repeatedly raised concerns about cold food, laundry not being returned or put away, plastic ware and paper plates, lack of help with meals, and staff using phones or earbuds during resident care. Meeting minutes over several months did not show that prior concerns were answered or that follow-up was communicated back to the council, and residents stated they felt their concerns were not addressed.

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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