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

Delayed Response to Family Council Concerns

Solomons Nursing And Rehab CenterSolomons, Maryland Survey Completed on 08-29-2024

Summary

The facility failed to promptly respond to concerns raised by the family council group (FCG) for several months. The Nursing Home Administrator (NHA) was responsible for addressing these concerns, which were communicated through monthly meeting minute notes sent via email. Despite the NHA's assertion that he responded to the FCG's concerns before the next meeting, evidence showed that responses for April, May, July, August, and September 2023 were delayed. Specifically, the responses for April and May were only documented in June, while the responses for July, August, and September were not addressed until October. The deficiency was identified through a complaint received by the Office of Health Care Quality (OHCQ) and was corroborated by interviews and a review of the meeting minutes. The complainant provided documented evidence of timely email communication of the meeting minutes to the NHA. The surveyor's review confirmed the lack of prompt responses, highlighting a failure in the facility's process for addressing family council concerns. The NHA and the Director of Nursing (DON) were informed of these findings during the survey and at the exit conference.

Penalty

Inspection fine: $188,013
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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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