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 Implement Grievance Policy

Tieszen Memorial HomeMarion, South Dakota Survey Completed on 12-19-2024

Summary

The facility failed to effectively implement and follow their grievance policy for three sampled residents, leading to unresolved concerns. Residents were not informed about how to file grievances, and there was a lack of documentation regarding grievances, including the date received, summary of the grievance, steps taken to investigate, and resolution. Resident 19 expressed frustration over his unresolved request to have his bed removed to make room for his wheelchair, and he was unsure how to file a grievance. Resident 24 reported long wait times for meals, which exacerbated her back pain and numbness in her legs, and despite raising this issue at a resident council meeting, no improvements were made. Interviews with residents during a group meeting revealed that they were unaware of how to file grievances and that their concerns were often expressed verbally to department staff without follow-up. The activities coordinator confirmed that resident concerns about food and wait times were frequently discussed at council meetings, but these concerns were not documented in the minutes, nor was there assistance provided to residents in filing grievances. The social services coordinator, who was the grievance coordinator, acknowledged the lack of a specific form for grievances and the absence of a documented tracking system for resident concerns, which were often addressed verbally. The administrator considered grievances to be serious issues related to abuse, neglect, or mistreatment, while other concerns were expected to be handled immediately through a verbal process. The facility's grievance policy outlined a procedure for addressing grievances, but there was no clear distinction between concerns and grievances, and the contact information for the State Ombudsman was incorrect. The facility's failure to document and follow up on grievances, as well as the lack of a clear process for residents to file grievances, contributed to the deficiency.

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

Below are regulatory guidelines relevant to this citation:

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Grievance Forms and Anonymous Filing Information Not Posted
C
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 forms and procedures were not posted in prominent locations, and three residents in council said they did not know how to file a grievance. An AD said residents could ask social services for help, but she did not have the form and was unsure which form to use after new ownership. An LSW said concerns were usually handled in progress notes, and the administrator confirmed residents could not file grievances anonymously, despite the facility policy stating grievance information, anonymous filing rights, and grievance official contact info would be posted.

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 Resolve Resident Grievance About Therapy Scheduling
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 with multiple orthopedic and neurologic diagnoses and a BIMS of 13 voiced frustration that therapy was not scheduled at specific times and said it caused him to wait around all day and risk missing appointments. Staff acknowledged that residents commonly complained about therapy timing, but the concern was not documented as a grievance, investigated, tracked, or followed up through the facility's grievance process, despite the policy requiring verbal complaints to be recorded and resolved.

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.
Ineffective Grievance Process and No 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

The facility failed to maintain an effective grievance process for residents and family members to file grievances verbally or anonymously. Although the Resident Rights and grievance policy allowed oral and anonymous complaints, only small grievance notices were posted, and no grievance forms or grievance box were available at the receptionist area. Residents said they did not know how to file anonymously, the receptionist was unsure how anonymous filing worked, and the DON stated the facility previously had grievance forms and a drop box but they were removed.

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 Family 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 Resolve Family Grievances: A resident with severe dementia and a BIMS of 0 had repeated unexplained skin tears and an incident where a male resident was found in her bed in the secured unit. A family member reported concerns about staffing, supervision, and the resident’s injuries, but said ADM, DON, HR, and ADON did not answer her questions or listen to her. Grievance records did not show the family’s concerns were tracked as grievances, and the ADM and DON discussed the issues with the RP instead of the person who raised them.

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 handling failures for resident complaints
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 handling failures for resident complaints: A resident reported missing money to a CNA, but no grievance was filed. Another resident’s representative complained that an LPN missed an ordered nebulizer treatment and was rude and verbally abusive; the complaint was documented as resolved, but no written grievance decision was provided and the LPN continued working for several more days. A third resident called the DON after being left soiled in feces for about 2 hours, but the complaint was not initially entered in the grievance log and was only added later.

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 Process Not Followed
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

Grievance Process Not Followed: A resident with DM, hemiplegia, and schizoaffective disorder had multiple grievances filed by family regarding medication administration, physician service, and care. The facility did not provide written results or actions taken, grievance reports were left incomplete and unsigned, and the family was not informed of the findings or resolutions.

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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