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 and Thoroughly

Ontario Center For Rehabilitation And HealthcareCanandaigua, New York Survey Completed on 01-31-2025

Summary

The facility failed to ensure thorough and prompt resolution of grievances for two residents, leading to deficiencies in addressing their concerns. Resident #88, who had diagnoses including bipolar disorder, diabetes, and anxiety, filed multiple grievances regarding inadequate incontinence care during overnight shifts. Despite the facility's policy requiring investigations and follow-ups, there was no documented evidence of staff interviews or actions taken to address the resident's dissatisfaction. The resident continued to experience the same issues, indicating a lack of effective resolution. Resident #350, with diagnoses including diabetes and chronic venous ulcers, reported a grievance about not having their wound dressing changed. The facility's documentation lacked evidence of a thorough investigation, including ruling out abuse or neglect, and there was no indication that the resident was informed of any actions taken. The facility's failure to document a complete investigation and follow-up with the resident highlights a deficiency in handling grievances related to care concerns. Interviews with facility staff, including the Director of Social Work and the Director of Nursing, revealed inconsistencies in the grievance investigation process. The Director of Nursing acknowledged receiving grievances about inadequate assistance with activities of daily living and stated that staffing levels were reviewed. However, the investigations did not consistently include obtaining staff statements or ruling out abuse or neglect. The Regional Director of Clinical Services confirmed that the investigations were incomplete and lacked follow-up, further emphasizing the facility's failure to adhere to its grievance policy.

Penalty

Inspection fine: $117,878
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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
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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 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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