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.
D

Deficient Grievance Process and Incomplete Investigation of Resident Complaints

Aviata At SeminoleSeminole, Florida Survey Completed on 06-09-2025

Summary

The facility failed to ensure a functioning grievance process for two residents, resulting in deficiencies related to the handling and resolution of grievances. In one instance, a resident verbally reported to the Social Service Assistant (SSA) that two CNAs were having personal conversations while providing care, including discussing their likes and dislikes for residents. The concern was relayed to the Administrator In Training (AIT), who assisted in filling out the grievance form but did not conduct an investigation or interview the resident. The Unit Manager (LPN) became aware of the complaint later and spoke to the resident, but there was no documentation of a thorough investigation. The resident reported that no one had come to talk to her about the concern and that she had not received a response from the facility regarding her grievance. Another incident involved a CNA reporting that a resident was found covered in feces and had been left in that condition for an extended period before being changed. The assigned staff member for the investigation was the same LPN/Unit Manager, who documented that the aide responsible was educated about the importance of prompt care. However, the section of the grievance form indicating whether the incident was reportable to the state agency was left blank, and the "Teachable Moment" document in the aide's personnel file was unsigned and not acknowledged by the Human Resource Director. The NHA confirmed that the resident should have been changed at least every two hours and acknowledged that the incident had the potential to be neglect, but the incident was not reported as required. Both cases demonstrate failures in the facility's grievance process, including lack of proper investigation, incomplete documentation, failure to communicate outcomes to residents, and not following reporting requirements for potential neglect. The facility's grievance policy requires prompt resolution, thorough investigation, and proper documentation, but these requirements were not met in the cases reviewed.

Plan Of Correction

F 585 Resident #1 was interviewed regarding the incident, and upon conclusion of the interview, the resident was satisfied with the outcome of the decision made by administration in relation to the submitted grievance. Reportable incident completed regarding this issue on. Additional services offered to the resident to provide additional support. Nursing assessments were completed to ensure there were no adverse effects to the resident. No adverse effects were noted. 2. Grievance log and grievances reviewed for the previous 3 months by NHA and Social Services Director (SSD). There were no other grievances that were found to be reportable events. Resident interviews were completed for residents with above 10 to ensure that there were no outstanding concerns or allegations that were not addressed. Skin assessments were completed for residents with less than 10. No additional findings at the time of evaluation. 3. Grievances are reviewed five times a week by the IDT to ensure a timely response. Grievance log and grievances will be audited weekly by SSD or designee, and NHA or designee to ensure that grievances are completed timely, and allegations of were addressed. This will be an ongoing practice implemented as part of the facility operations. Room rounds continue to be completed five times a week by IDT to ensure the resident is monitored and has no concerns. Education was completed with staff to review the grievance process. Education was provided by IDT members to staff. IDT was educated by the company VP of Risk Management. The grievance process was reviewed at the resident council meeting with residents. The process was reviewed by the Activities Director. Residents confirmed understanding of the process. 4. Audits will be reviewed at the QAA/QAPI meeting monthly for three months or until substantial compliance is achieved. The audits will be presented by the Social Services Director or designee.

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 Procedure Information Not Made Available to Residents
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 Procedure Information Not Posted or Discussed: The facility failed to make grievance/complaint filing information available to 10 of 10 residents reviewed. Residents stated they did not know they could file anonymously, did not know where to get or submit a grievance form, and were unaware of their right to a written decision. Observation showed prominent postings lacked grievance instructions, and the ADM stated he was the grievance officer and that the grievance process should have been discussed in Resident Council.

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 Investigate and Communicate a Grievance About a Missing Hearing Aid
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 grievance about a missing hearing aid was not fully investigated, documented, resolved, or communicated to the resident’s family member. The facility only documented an initial search of the room, bedding, and laundry, with no further follow-up in the resident’s chart. The SSD said the grievance had been assigned to someone else and no outcome was shared, while the family member reported receiving no updates. The DON confirmed there was no documented follow-up and that grievances were expected to be resolved within five days.

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 Initiate Grievance for Resident Concern About Call Light Response
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 initiate a grievance after a resident reported that staff turned off the call light without providing assistance. The resident, who had pneumonia, CKD, and DM, said they needed help to use the restroom, but a staff member turned off the call light and did not return for 15 to 20 minutes. The concern was reported to an LPN, and the Administrator stated no grievance or investigation was initiated.

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 Process Resident 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 Process Resident Grievances: A resident’s RP and the Ombudsman raised concerns about repeated denial of access to the resident’s medical records, but the facility did not generate grievance reports and treated the issue as a records request matter rather than a grievance. The RP also alleged the resident was injured by staff during incontinent care, and the DON stated no grievance or self-report was made. The resident had severe cognitive impairment, was not interviewable, and had diagnoses including DM2, anxiety, adult failure to thrive, and vascular dementia.

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 Investigate and Document 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 Investigate and Document Resident Grievance: A resident with Parkinson's disease and other diagnoses reported that his roommate's loud TV and use of the heater were preventing sleep and making the room too hot to breathe. The resident said he had told the SW multiple times, but the concern was not resolved, was not included in the grievance file, and the LSW acknowledged she did not complete a grievance form or make follow-up.

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.
Incomplete grievance documentation and missing log entry
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 fully document and log a resident grievance. A resident reported an incident involving a housekeeping employee making a comment in front of the resident’s visitor, but the staff section of the encounter form was left blank and the grievance was not entered on the encounter log. The CNO confirmed the incomplete documentation and missing log entry.

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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