Failure to Honor Resident Council Participation and Address Concerns
Summary
The facility failed to honor the residents' right to organize and participate in resident/family groups by not ensuring the Dietary Manager attended a Resident Council meeting to discuss food concerns, despite being invited. Additionally, the facility did not adequately address issues of resident care and life by failing to review resident rights and inform residents of updates to the facility's policies and procedures. This was evidenced by discrepancies in the Resident Council minutes and the lack of proper documentation and follow-up on residents' concerns. Interviews with residents revealed that they were not given the opportunity to read or verify the accuracy of the Resident Council minutes, and they did not receive copies of these minutes. The Activities Director typically attended the meetings and took notes informally, which were not reviewed or signed off by the residents. Residents expressed concerns about the presence of the Social Services Director, who they felt was intimidating, and they were unsure about how to contact the Ombudsman for assistance. The facility staff did not review residents' rights during the council meetings, and there was no discussion of old business to ensure prior concerns had been addressed. The facility's policy and procedure for Resident Council meetings were not followed, as the minutes were not documented on standard forms, and there was no documentation of which residents' rights or facility policies were discussed. The Administrator and Regional Nurse Consultant confirmed that the facility did not adhere to its own guidelines for documenting and addressing residents' concerns. The Certified Dietary Manager was unaware of the residents' food concerns and had not been notified to attend the meeting. The report indicates that the facility's failure to properly document and address residents' concerns led to a deficiency in honoring residents' rights to participate in council meetings effectively.
Penalty
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Unresolved Resident Council Dietary Concerns: Residents repeatedly voiced ongoing food and meal service complaints, including unmet preferences, late meals, missing snacks, and inconsistent tray delivery. Council minutes showed the same dietary issues carried forward month after month without clear resolution, while residents and the Dietary Mgr confirmed the concerns continued despite repeated discussion with facility leadership.
A resident with cognitive impairment, mood disorder, and anxiety reported that a nurse aide would lay on her in bed at night. Another aide later confirmed the resident had told her this concern and said she did not report it to administration because she did not believe it was plausible. The DON and Administrator stated that any staff member receiving such a report was expected to notify administration.
Resident Council grievances about weekend housekeeping and unlabeled or missing clothing items were not effectively resolved or communicated. Meeting minutes documented repeated concerns over two months, and residents stated their grievances were not being addressed. The Activities Director said she relied on others to handle and report back on grievances, while the DON was unaware of any Resident Council grievance process and the Administrator could not explain how the concerns were being addressed.
Resident Council concerns were not fully documented or brought back to the council for discussion. Residents reported issues with menu options and tough meat, especially roast beef, and asked for the DM to attend meetings, but those concerns were not reflected in the council minutes for multiple months. The AD said she emailed department managers about concerns, but she did not document all concerns or responses in the minutes, and the DON stated the expectation was that concerns and resolutions be recorded and reviewed with the council.
Resident Council concerns were not addressed or tracked in meeting minutes for multiple residents who regularly attended. Residents said the Administrator ran the meetings, concerns were not followed up on, and prior issues never appeared as old business or with documented resolution in later meetings. The AD and Administrator both confirmed the minutes lacked evidence of resident concern resolution.
Failure to Address Resident Council Concerns: A resident council repeatedly raised concerns about cold food, laundry not being returned or put away, plastic ware and paper plates, lack of help with meals, and staff using phones or earbuds during resident care. Meeting minutes over several months did not show that prior concerns were answered or that follow-up was communicated back to the council, and residents stated they felt their concerns were not addressed.
Unresolved Resident Council Dietary Concerns
Penalty
Summary
The facility failed to resolve and communicate its efforts to address repeated dietary concerns raised by residents during Resident Council meetings over multiple months. Resident Council minutes from January through July 2026 documented ongoing complaints that food was the main concern, menus did not reflect resident likes and dislikes, snacks were not being passed, meats were processed, residents were waiting for meals, preferences were not being honored, meals were late, and meal delivery was inconsistent. The minutes also noted that old business was repeatedly carried forward because concerns from prior meetings had not been resolved or followed up by administration. Residents interviewed during the survey reported continued dietary problems, stating that food preferences were not being followed and that menu choices provided to staff did not match what residents received. The Dietary Manager acknowledged awareness of the recurring food concerns and stated she attended Food Committee meetings held after Resident Council, where similar issues were discussed each month. The Activity Director, Social Worker, and Administrator each described a process in which grievances from Resident Council minutes were transferred to grievance forms and reviewed, but the Resident Council continued to report unresolved food issues across several months, including missed dinner trays when a resident was out with family.
Failure to Report Resident Concern to Administration
Penalty
Summary
The facility failed to report a resident concern to administration for investigation for 1 of 3 residents reviewed for dignity and respect. Resident #18 was admitted with diagnoses including mild cognitive impairment of uncertain or unknown etiology, unspecified mood disorder due to known physiological condition, and anxiety disorder, and her MDS assessment indicated she was cognitively intact. Her care plan addressed behaviors including frequent call light use, manipulative behaviors, telling untruths about staff, sexually inappropriate remarks, excessive use of the call bell, becoming obsessed with one staff member, threatening staff, and activating the call bell and then declining assistance. During an interview, Resident #18 stated that a nurse aide would lay on her in bed at night, describing that the aide laid across her stomach with her feet still on the ground on her right side to rest. A nurse aide later stated the resident had told her that another nurse aide had laid on her in bed and that the resident did not like it. The nurse aide said she had been trained to report concerns and grievances to administration, but she did not report this concern or file a grievance because she did not believe the allegation was plausible. The DON and Administrator both stated that a staff member receiving a resident report that another staff member had lain on the resident was required to notify administration.
Resident Council Grievances Not Addressed
Penalty
Summary
The facility failed to implement an effective process to resolve and communicate its efforts to address repeated Resident Council concerns about lack of weekend housekeeping and unlabeled or missing clothing items. Review of Resident Council meeting minutes showed that in May 2026 residents raised concerns about needing more frequent housekeeping visits on the weekend and multiple unlabeled or missing clothing items. In June 2026, the minutes again documented concerns about needing more housekeeping on the weekend for trash removal and multiple unlabeled or missing clothing items, but there was no follow-up noted in the minutes. During the 06/24/2026 Resident Council meeting, residents voiced that their grievances were not being addressed, and the Resident Council President stated housekeeping and laundry had remained a concern for the past two months without resolution. In interviews, the Resident Council President said housekeeping was not seen on weekends and that resident clothing was not being returned when laundry services were provided, with residents obtaining clothes from the donation area. The Activities Director stated she would either ask a staff member to address a grievance immediately or verbally inform the Administrator, DON, or Social Worker, but she did not follow up herself and expected others to inform her of the outcome. The DON stated she was unaware there was a process for grievances related to Resident Council, and the Administrator was unable to explain how Resident Council grievances were being addressed.
Resident Council Concerns Not Documented or Returned to Council
Penalty
Summary
The facility failed to ensure the Resident Council’s concerns were addressed and documented in the Resident Council minutes for 3 of 3 months reviewed, including March, April, and May 2026. During a Resident Council meeting on 6/24/26, residents reported concerns about menu options and the tenderness of the meat served, especially roast beef, stating they had difficulty chewing the meat and had requested other menu items such as chili. They also requested that the dietary manager attend Resident Council meetings so they could speak directly with her, but she had not attended, and residents said they had no way to know whether their concerns had been communicated or what would be done about them. Review of the March, April, and May 2026 Resident Council minutes showed dietary discussions about favorite meals, snacks, grilled lunches, fruits, muffins and moms, taco in a bag, breakfast sandwiches, and fewer carrots, but the minutes did not mention the concerns about tough meat, the menu plan, or the request for the dietary manager to attend. The dietary manager stated she was aware of some concerns through email from the Activity Director and said she addressed what she could, but she had not attended the meeting due to being at the facility only 3 days a week and covering kitchen staffing shortages. The Activity Director stated she emailed department managers when concerns were brought to council and would follow up if no response was received, but she did not get all concerns or responses documented in the minutes. The DON stated it was her expectation that the Activity Director document concerns and resolutions in the Resident Council minutes and bring the information back to the council at the next meeting.
Resident Council Concerns Not Documented or Resolved
Penalty
Summary
The facility failed to consider and timely resolve resident concerns raised in Resident Council meetings, affecting twelve residents who regularly attended. During a Resident Council discussion with three residents, the Administrator was reported to attend and run the meetings, and the residents stated their concerns were not addressed, there was no follow-up, and issues raised in one meeting were never included in subsequent meetings with information on resolution. Review of Resident Council meeting minutes from May 2025 through May 2026 showed no documented old business and no documented evidence of discussion or resolutions to concerns that had been brought up. The Activity Director stated the Administrator ran the meetings and documented the minutes, and confirmed there was no old business documented and no documented resolution of resident concerns. The Administrator also stated he attended the meetings and compiled the minutes, and verified there was no documented evidence of resolutions from resident concerns brought up in the meetings.
Failure to Address Resident Council Concerns
Penalty
Summary
The facility failed to communicate efforts to address and resolve concerns raised during Resident Council meetings over multiple months. Resident Council minutes documented repeated complaints about cold food, laundry not being returned, folded, or put away, the use of plastic silverware and paper plates, residents having to ask for desserts, staff being on cell phones or wearing earbuds during resident care, and residents not receiving help opening food containers or cutting food. In several monthly meetings, the minutes did not show that the facility provided a response to prior concerns or documented any follow-up with the council. The concerns were raised repeatedly from October 2025 through May 2026, including ongoing complaints about cold food and laundry issues, as well as concerns about dining service and staff behavior during care. During the January 2026 meeting, a grievance was filed regarding plastic silverware and paper plates, and later grievances were filed regarding cold food, dessert service, and staff using phones during care. The meeting notes and grievance records showed that the same issues continued to be brought forward by the Resident Council without documented resolution being communicated back to the residents in the council meetings. Resident #75 stated that the Resident Council met monthly, that the Activities Director and Activities Assistants recorded concerns, and that nothing was done about the concerns expressed during the meetings. She said she attended all Resident Council meetings and was frustrated by the lack of follow-up, especially regarding laundry and cold food. During the Resident Council interview, residents stated their concerns were not addressed and that they were told the issues were being reviewed, but nothing was ever done, making them feel like they did not make any difference.
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