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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Unresolved Resident Council Dietary Concerns
B
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

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.

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 Report Resident Concern to Administration
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

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.

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 Addressed
B
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

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.

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 Not Documented or Returned to Council
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 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.

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 Not Documented or Resolved
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 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.

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 Address Resident Council Concerns
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

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.

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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