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

Facility Fails to Address Resident Council Concerns

Merriam Gardens Healthcare & RehabilitationMerriam, Kansas Survey Completed on 10-02-2024

Summary

The facility failed to address and resolve recurring issues reported by the Resident Council, which placed residents at risk for decreased psychosocial well-being. The Resident Council Minutes from September 2023 through September 2024 documented ongoing concerns about food choices, menu discrepancies, food temperatures, and the availability of meals. Additionally, there were repeated issues with the maintenance and cleanliness of shower rooms, specifically the [NAME] hall's right shower room, which had been out of service for over a year. Despite these concerns being raised consistently in the council meetings, the minutes lacked documentation of actions taken or outcomes achieved to resolve these issues. Observations and interviews conducted in October 2024 further highlighted the facility's inaction. The Resident Council reported that meals were still being served cold, the kitchen frequently ran out of food items and condiments, and the [NAME] Hall shower room remained out of service, leading to missed or delayed showers. An inspection of the left shower room revealed unsanitary conditions, including soiled towels, feces in the toilet, and a rust-like substance on the walls. Dietary Staff BB and Administrative Nurse D were unaware of the ongoing issues, and Maintenance Staff V indicated that the facility was still seeking bids to repair the shower room, with no timeline for resolution. The facility's Resident Council policy required the use of a resident response form to track concerns and resolutions, with the relevant department responsible for addressing issues. However, the facility did not act upon the council's concerns in a timely manner, failing to accommodate the residents' recommendations. This lack of action and resolution of the recurring issues reported by the Resident Council resulted in a deficiency that compromised the residents' quality of life and psychosocial well-being.

Penalty

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.

Resources

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See other F0565 citations
Failure to Address Repeated Grievances About Slow Call Bell Response
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to address repeated grievances regarding slow responses to resident call bells. The grievance policy required acknowledgment and active resolution of both written and verbal complaints, yet multiple residents reported that call bells often went unanswered for more than 30 minutes. Resident council minutes over several consecutive months documented ongoing complaints about delayed call bell response, and grievance records showed multiple similar complaints over an extended period. The DON and the administrator acknowledged a pattern of complaints about slow call bell responses and confirmed that the facility had not responded to these grievances.

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 Respond to Resident Council Concerns About Inadequate Staff Response
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed over several months to respond to repeated resident council concerns about inadequate staff response to care needs, including delayed call light response, lack of licensed nurse involvement, insufficient staffing on units when CNAs took breaks together, late meals, and residents not being assisted to or from bed or the dining room in a timely manner. Residents reported being neglected or left unattended while staff used cell phones or earbuds for personal activities, with some residents left in soiled briefs, not fed, or waiting hours for transfers. A group of residents documented these issues in a signed letter, and during a group interview most residents stated that administration had not resolved these concerns. Facility documentation of its response did not demonstrate that staff were educated or instructed to correct the timeliness of care or the length of staff breaks, and the administrator acknowledged the failure to respond promptly to the resident council’s grievances.

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 Resolve and Communicate Resident Council 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 over many months to resolve and communicate actions taken on recurring concerns raised in Resident Council meetings. Residents repeatedly reported issues such as delayed and cold meals, inadequate shower frequency, unmade beds, missing or unwashed clothing, poor call light response, and noisy staff at night. Although some concerns were written on Resident Council Concern forms and assigned to nursing, dietary, housekeeping, or laundry, many forms were missing, incomplete, or lacked any description of what was done. Meeting minutes often had blank sections for follow-up or pending updates, and residents later reported that they were not informed about what, if anything, was being done to address their ongoing complaints, leading to a deficiency related to honoring residents’ rights to organize and participate in resident/family groups and have their concerns 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.
Failure to Address Repeated Resident Council Concerns About Call Light Response
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 act promptly on repeated Resident Council concerns about delayed call light response over multiple months. Residents reported that call lights often went unanswered for 25–60 minutes, that CNAs and nursing staff sat at the nurse’s station or in offices instead of responding, and that one resident waited an hour for help to use the bathroom while another, who could not remain in a diaper due to wound care needs, waited to be changed. Although the Activity Director and Regional Director of Operations described a process using Resident Council Action Forms to document and respond to such concerns, no action forms were completed or attached to the meeting minutes for several months in which these issues were raised, contrary to the facility’s Resident Council policy requiring timely response and Administrator monitoring.

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 and Follow Up on Resident Council Food Temperature Complaints
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to document and communicate its response to repeated Resident Council complaints about cold meals, particularly breakfast items, over several months. Multiple cognitively intact residents reported voicing concerns about cold food and late meal service during Resident Council meetings, and being told by the Activities Director that the issues would be addressed, but they did not receive written grievance responses or follow-up. Meeting minutes for the relevant period reflected only general discussion and did not record these concerns, and there was no evidence of completed Resident Council grievance forms. The Activities Assistant and Activities Director confirmed that concerns were handled verbally, with the Activities Director unaware that documentation of Resident Council grievances and follow-up was required, and the Administrator acknowledged that concerns from these meetings were addressed verbally rather than in writing.

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 Act on Resident Council Concerns About Wandering Residents Entering Rooms
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to act promptly on repeated Resident Council concerns about confused, wandering residents entering other residents' rooms and disturbing them. Over several months, council minutes documented reports of residents entering rooms late at night, removing items, and roaming halls after being moved from a dementia unit, without documented resolution or follow-up. Individual and group interviews revealed that residents continued to experience confused residents entering their rooms daily, taking food and personal items, and in one case grabbing and pushing a resident's wheelchair, while staff response was described as minimal and largely limited to verbal redirection. Residents also reported suggesting the use of stop signs across doorways during council meetings but stated they had not received the signs or any response to this request.

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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