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

Failure to Resolve Resident Grievances Promptly

Elizabeth Church Manor Nursing HomeBinghamton, New York Survey Completed on 08-22-2024

Summary

The facility failed to promptly resolve resident grievances, as evidenced by the experiences of three anonymous residents and five specific grievances that lacked documented resolutions. During a Resident Council meeting, residents expressed that their grievances were not always addressed or resolved, and they were not informed of the reasons for inaction. Specific grievances included requests for gluten-free pasta and concerns about an overgrown garden in the courtyard, which remained unaddressed. Additionally, a resident's request to remove garbage cans from under the American flag in the dining room was not fulfilled, as observed during a survey. The facility's grievance policy, last reviewed in 2017, required prompt resolution of grievances and written documentation of the resolution process. However, grievances from August 2023 to August 2024 revealed several unresolved issues. These included a missing wheelchair for a resident, a missing hearing aid, lost dentures and a remote control, a curdled glass of milk, and a broken hearing aid. In each case, there was no documented follow-up or resolution, and the facility's grievance forms lacked the necessary information to confirm whether the issues were addressed. Interviews with the Social Services Director and the Administrator highlighted a lack of clarity and consistency in the grievance resolution process. The Social Services Director was unaware of the exact timeframe for resolving grievances and acknowledged that the forms did not indicate whether grievances were resolved. The Administrator confirmed that the grievance process required documentation of resolutions, but this was not consistently done. The facility's failure to maintain the courtyard garden and address resident concerns contributed to the perception that grievances were not being resolved.

Penalty

Inspection fine: $151,625
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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 F0585 citations
Grievance Information Not Posted or Accessible
F
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 Information Not Posted or Accessible: The facility failed to provide 7 confidential residents with accessible information on how to file grievances or concerns. During Resident Council, residents stated they did not know they could file grievances anonymously and had not seen the grievance procedure posted in prominent locations. Surveyors observed the lobby postings did not include the grievance policy, filing instructions, or where to obtain a form, while the ADM stated forms were available near the staff break room and could be submitted anonymously in the same box as blank forms.

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.
Grievance Information Missing Anonymous Filing Option
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 facility failed to ensure grievance forms available at one of the grievance information locations included wording that a grievance could be filed anonymously. Although the grievance policy stated complaints may be submitted orally or in writing and may be filed anonymously, the policy/procedure was not posted at the Willow Unit location, and the grievance forms there did not mention anonymous filing. The NHA confirmed the omission.

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 Resolve Representative’s Grievance About Morphine Use
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 Resolve Representative’s Grievance About Morphine Use: A resident with Alzheimer’s disease, severe cognitive impairment, a pressure ulcer, and hospice services had a care plan meeting where her RP said morphine made her sedated and confused, asked that he be notified before any MS was given, and requested routine acetaminophen instead. The request was not entered as a grievance, was not documented in the resident’s record, and staff later gave MS without notifying the RP. Interviews showed the MDS Coordinator and DON did not follow up on the complaint, and the grievance log had no entry for the resident.

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.
Delayed Follow-Up on Missing Dentures
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

Delayed Follow-Up on Missing Dentures: A resident with Alzheimer’s disease and severe cognitive impairment was observed eating without teeth after missing dentures were not followed up on timely. The SSD was first notified by family that the dentures were missing, but did not pursue the issue with the dental consultant for more than a month. The resident’s SLP noted the resident took longer to chew food because the resident did not have teeth.

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 File and Investigate 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 File and Investigate Resident Grievance: A resident reported that a CNA made a false statement after he helped his roommate following a fall, but the concern was not filed as a grievance or investigated. The grievance log only showed an unrelated grievance about inconsistent care, and the SS Director stated she did not complete a grievance because that was not how grievances worked; the ADON and DON stated the grievance should have been filed and 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.
Failure to Document Grievance and Resolve Missing Clothing Complaint
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’s family grievance about staff not waking the resident and getting him out of bed was not documented or investigated, despite the administrator speaking with the family member. In a separate issue, a cognitively intact resident reported that clothing packed during an evacuation was missing after return to the facility, and the missing items were not satisfactorily resolved; staff searched for the bag, but it was not found and the administrator acknowledged the facility was responsible for the clothing.

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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