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

Failure to Address Resident Council Grievances on Food Variety

Wylie Oaks Healthcare And RehabilitationWylie, Texas Survey Completed on 05-19-2024

Summary

The facility failed to consider and act promptly upon the grievances and recommendations of the Resident Council concerning issues of resident care and life in the facility. Over the course of three months, the Resident Council repeatedly expressed concerns about the lack of variety in the food and dessert menu, specifically requesting more fruit and dessert choices, such as pies, cakes, or brownies, and noted that cakes often lacked frosting. Despite these concerns being documented in the Resident Council minutes and communicated by the Activity Director (AD) to the Administrator and Dietary Manager, no actions were taken to address these issues. The Activity Director, who attended all Resident Council meetings, acknowledged the residents' concerns and communicated them during morning meetings with the Administrator and Dietary Manager. However, the AD did not file these concerns as grievances, believing they did not warrant such action. The Administrator and Dietary Manager were aware of the concerns but did not follow up or schedule a meeting with the Resident Council to address the issues. The Administrator considered the concerns as personal preferences rather than grievances, and thus did not prioritize them for resolution. Interviews with the Dietary Manager and Regional Dietician revealed a lack of communication and follow-up on the residents' feedback. The Dietary Manager was not notified of the concerns due to the absence of a formal grievance filing, and the Regional Dietician emphasized the importance of adhering to resident preferences for quality of life. Observations confirmed that the menu items, such as the frosted cake, did not meet the residents' expectations, as the cake often lacked visible frosting. The facility's policy required the Activities Director to follow up on the Council's concerns, but this was not effectively executed, leading to unresolved grievances and a potential decline in residents' quality of life.

Penalty

Inspection fine: $49,277
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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
Resident Council 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 were held in the dining room instead of a private space, with staff and other residents coming in and out during the meetings. Residents stated they filtered what they said because of the lack of privacy, and the AD and Administrator both acknowledged the dining room was not private and that no sign was posted when council was in session.

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.
Failure to Support Resident Family Group Meetings
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Failure to support resident family group meetings: A facility handbook stated residents have the right to organize and participate in resident/family groups, but family council minutes did not show that families chose to stop meetings or that the facility formally told families the meetings would end. Family representatives said the meetings had previously occurred monthly or quarterly but were no longer being held, and the NHA and Activities Director confirmed the prior administration stopped them and that there was no formal communication to families.

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 Support Family Group Formation and Track Family Concern
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Failure to support family group formation and track a family concern. A resident family member reported interest in starting a family council for the secured unit and said he contacted administration and the LTC ombudsman, but the facility did not assist him or provide information to help form the group. The concern was not entered on the concern log, and the ANHA confirmed the facility was aware of the issue but did not assist with forming the family group.

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.
Grievance resolutions were not documented or communicated
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Grievance resolutions were not documented or communicated. During a resident council meeting, eight residents stated their grievances had not been resolved and that staff had not discussed resolutions with the council. Review of grievance records showed many complaints lacked documentation of resolution, complainant notification, and the method of communication. The Administrator identified herself as the grievance official and stated she expected grievances to be completed and followed up within 5 days, while the facility policy required a written decision for the person with the grievance.

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

A resident council meeting was interrupted three times when the BOM entered to retrieve a resident, returned to say the resident would not be back, and an Infection Control staff member entered regarding resident care. Residents stopped discussing meeting business during each interruption. The Activities Director Assistant said she did not know meetings should not be interrupted, the Activities Director said she had not told her about using a Do Not Disturb sign, and the DON acknowledged staff had not been adequately instructed. The Resident Council President stated interruptions had happened before and residents had become reluctant to discuss concerns because meetings were not consistently private.

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

Failure to investigate a Resident Council grievance regarding long call bell response times. Residents reported that some concerns get responses while others do not, and that staffing problems and agency staff not answering call bells were ongoing. Review of grievance logs showed no grievance form or investigation for the concern, and the NHA confirmed the issue had not been investigated.

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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