F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
E

Lack of Accessible Grievance Process for Residents and Families

Madonna Manor Nursing HomeNorth Attleboro, Massachusetts Survey Completed on 08-21-2024

Summary

The facility failed to provide information on how to file a grievance in resident care and public areas, and did not have forms accessible for residents and visitors to anonymously notify the facility of their concerns. The facility's policy on grievances, reviewed in April 2023, outlined that any resident, staff, or family member with a complaint should report it to the charge nurse or social worker, or complete a grievance form. However, during a review of the facility's grievance book for 2024, it was found that only four grievances were completed throughout the year, with three reported by families via email and all forms completed by facility staff for tracking purposes. During a Resident Group Meeting, the majority of residents expressed unawareness of how to file a grievance. Observations during a tour of the facility revealed no evidence of procedures for filing grievances or the availability of grievance forms in public areas. Interviews with various staff members, including nurses, a CNA, the Activity Director, and the Social Worker, indicated a lack of awareness and availability of grievance forms for residents or families to complete on their own. Staff members generally directed residents or families to the Administrator or nursing supervisor if they had a grievance, but there was no process for anonymous grievance submission. The Administrator acknowledged the lack of a mechanism for residents and families to file grievances anonymously and admitted that grievance forms were not available in public areas. The Social Worker confirmed that the facility did not meet regulatory requirements for grievances, as residents and families could not submit grievances anonymously without speaking to a staff member. This deficiency highlights the facility's failure to ensure residents' rights to voice grievances without discrimination or reprisal, as required by regulations.

Penalty

Inspection fine: $43,011
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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 F0585 citations
Grievance Procedure Information Not Made Available to Residents
E
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

Grievance Procedure Information Not Posted or Discussed: The facility failed to make grievance/complaint filing information available to 10 of 10 residents reviewed. Residents stated they did not know they could file anonymously, did not know where to get or submit a grievance form, and were unaware of their right to a written decision. Observation showed prominent postings lacked grievance instructions, and the ADM stated he was the grievance officer and that the grievance process should have been discussed in Resident Council.

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 Investigate and Communicate a Grievance About a Missing Hearing Aid
D
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

A resident grievance about a missing hearing aid was not fully investigated, documented, resolved, or communicated to the resident’s family member. The facility only documented an initial search of the room, bedding, and laundry, with no further follow-up in the resident’s chart. The SSD said the grievance had been assigned to someone else and no outcome was shared, while the family member reported receiving no updates. The DON confirmed there was no documented follow-up and that grievances were expected to be resolved within five days.

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 Initiate Grievance for Resident Concern About Call Light Response
D
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

Failure to initiate a grievance after a resident reported that staff turned off the call light without providing assistance. The resident, who had pneumonia, CKD, and DM, said they needed help to use the restroom, but a staff member turned off the call light and did not return for 15 to 20 minutes. The concern was reported to an LPN, and the Administrator stated no grievance or investigation was initiated.

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 Process Resident Grievances
D
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

Failure to Process Resident Grievances: A resident’s RP and the Ombudsman raised concerns about repeated denial of access to the resident’s medical records, but the facility did not generate grievance reports and treated the issue as a records request matter rather than a grievance. The RP also alleged the resident was injured by staff during incontinent care, and the DON stated no grievance or self-report was made. The resident had severe cognitive impairment, was not interviewable, and had diagnoses including DM2, anxiety, adult failure to thrive, and vascular dementia.

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 and Document Resident Grievance
D
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

Failure to Investigate and Document Resident Grievance: A resident with Parkinson's disease and other diagnoses reported that his roommate's loud TV and use of the heater were preventing sleep and making the room too hot to breathe. The resident said he had told the SW multiple times, but the concern was not resolved, was not included in the grievance file, and the LSW acknowledged she did not complete a grievance form or make follow-up.

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.
Incomplete grievance documentation and missing log entry
D
F0585 F585: Honor the resident's right to voice grievances without discrimination or reprisal and the facility must establish a grievance policy and make prompt efforts to resolve grievances.
Short Summary

The facility failed to fully document and log a resident grievance. A resident reported an incident involving a housekeeping employee making a comment in front of the resident’s visitor, but the staff section of the encounter form was left blank and the grievance was not entered on the encounter log. The CNO confirmed the incomplete documentation and missing log entry.

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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