F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
E

Failure to Address Resident Council Grievances

Aviata At Santa BarbaraCape Coral, Florida Survey Completed on 08-29-2025

Summary

The facility failed to act promptly on grievances raised by the Resident Council during monthly meetings, despite its policy requiring prompt efforts to resolve complaints and grievance follow-up within 14 days. The policy also required that grievances be documented on a Complaint/Grievance Form, reviewed by the Grievance Officer/designee, logged in the Monthly Grievance Log, and communicated back to the resident with the resolution. During a meeting with 15 residents, the Resident Council President stated that concerns had been brought up over several months, including call lights not being answered timely, especially on the night shift, newer employees needing better training on answering call lights, and other concerns such as maintenance issues and menu changes. The residents stated they did not receive communication from the facility about how the concerns would be addressed or resolved, even though staff wrote the concerns in the next month’s Resident Council minutes. Review of the Resident Council Meeting minutes showed that call light concerns, maintenance issues involving mechanical lifts and a hand/foot bike, and menu changes were documented in June and July 2025, with notes about staff education, audits, and weekly checks. The Social Service Director confirmed that the concerns voiced in the Resident Council meetings were treated as grievances and were supposed to be addressed within 14 days, but she could not find documentation that the June and July grievances were resolved or that the resolution was communicated to the Resident Council. The Administrator also verified that there was no documentation showing the grievances had been addressed and stated the facility did not follow its grievance policy and procedure.

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 F0565 citations
Failure to Initiate Grievance for Resident Council Concerns
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

A facility failed to initiate a grievance for concerns raised during a resident council meeting. Residents reported that concerns were not consistently resolved, including getting residents out of bed for meals and activities and shortages of washcloths and towels. Review of grievance logs showed no matching grievances, and the Activities Director stated a grievance should have been 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.
Resident Council Meetings Not Held Regularly
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident council meetings were not held regularly, and no minutes or meetings were found for an extended period. A resident said the council had not met consistently since new ownership, and an admin staff member said she had only arranged one meeting in the past three months and did not know where the minutes were. An admin nurse was unsure whether meetings were occurring, while the facility policy stated it supports residents' rights to participate in a 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.
Resident Council Meetings Held Without Privacy
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council Meetings Held Without Privacy: A confidential resident group meeting was normally held in an upstairs dining room that had no doors or solid walls separating it from the open nurses' station or nearby hallways. Residents said they did not feel able to speak freely because staff could hear them and people could walk in and out. The Activity Director said she continued using that space because it had always been held there, and the Administrator stated the meeting should have been held in a private area. The facility had no specific policy on Resident Council meeting privacy.

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.
Resident Council Concerns Were Not Consistently Documented or Resolved
F
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident council concerns were not thoroughly documented, effectively addressed, or resolved. Repeated complaints involved dietary issues, housekeeping, laundry, CNA cell phone use, poor room cleaning, wrong or wrinkled clothing, lack of notification about a spouse’s ambulance transfer, and frequent dining room closures. Residents and an LPN reported that the same problems kept recurring, the kitchen often ran out of items, menus were wrong, and food quality remained poor, while the DON and Administrator said the issues were addressed to the best of their ability.

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.
Family Concern About Resident Face Bruising Was Not Timely Addressed
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

A resident with dementia and other psychiatric and neurologic diagnoses developed bruising and swelling on the face after reportedly being hit by a hairbrush. CNA and LPN assessed the resident, and the physician and DON were notified. The resident’s family later raised concerns about the bruising, but the DON had no documented follow-up or resolution, and the family reported they never heard back about the concern.

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.
Resident Council Grievances Not Acted On or Logged
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council concerns were not properly acted on, documented, or resolved. Meeting minutes showed repeated complaints about late meal trays, shower frequency, tough meats, missing condiments, and food requests not being followed, but the grievance log had no entries for these issues and no grievance forms were completed. The Activity Director stated grievances were not done for Resident Council as a whole, and residents reported the concerns had not improved.

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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