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

Mountain City Nursing & Rehabilitation CenterHazleton, Pennsylvania Survey Completed on 02-07-2025

Summary

The facility failed to make ongoing efforts to resolve grievances and provide timely follow-up with residents and/or their representatives regarding the status of grievance resolutions for three of seven residents reviewed. The facility's policy, titled "Resident Grievances and Concerns Policy," outlines that upon receipt of a grievance, the Grievance Official should take immediate action to prevent further potential violations and complete the grievance review within a reasonable time frame, not exceeding thirty days. However, interviews with residents and family members revealed that grievances were filed but not addressed, and no responses were received from the facility. Resident 107 reported filing three grievances within the last two months without receiving any response. An aide assisted her in filling out the concern forms, which were then placed in the grievance box. Similarly, Resident 15 stated that she filed a written grievance about six months ago and never received a response. Additionally, Resident 4's family member reported filing 30-40 concern forms since admission in April 2024, with only 2-3 being addressed. The family member expressed concerns about dietary issues, lack of fresh water, staff treatment, wandering residents, and other care concerns, noting that staff members would fill out paperwork but fail to follow up. The grievance log for Resident 4 showed only three grievances on file since admission, all marked as resolved, but there was no documented evidence of investigation or resolution for additional grievances. The Nursing Home Administrator confirmed the lack of documentation and was unable to provide evidence of prompt efforts to resolve grievances or keep residents and families informed of progress. This deficiency highlights the facility's failure to adhere to its grievance policy and ensure residents' rights to voice grievances without fear of reprisal and receive timely resolutions.

Plan Of Correction

Step 1 R4, R107, & R15 will be interviewed to determine if they have any unresolved grievances. Follow up will occur based on the findings of the interviews. Step 2 To identify other residents that have the potential to be affected, the DON / designee will interview residents with a BIMs of 12 or greater to determine if they have any unresolved grievances. The residents with a BIMs less than 12 will have their representative contacted to determine if they have any unresolved grievances. Follow up will occur based on the findings. Step 3 To prevent this from reoccurring, the staffing educator / designee will educate community staff on the grievance process. Step 4 To monitor and maintain compliance, the IDT team will interview 10 residents and 10 resident representatives to ensure that any grievances that they have voiced have been followed up on. The audits will be completed weekly times 4 weeks and then monthly times 3. The results of the audits will be forwarded to QAPI committee for further review and recommendations.

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 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
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 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
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 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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