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

Below are regulatory guidelines relevant to this citation:

See other F0585 citations
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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