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

Failure to Address Resident Council Concerns on Staffing and Call Light Response

Bay Harbor Post Acute Healthcare CenterSalisbury, Maryland Survey Completed on 10-17-2025

Summary

The facility failed to adequately address ongoing concerns raised by the Resident Council regarding staffing levels and call light response times over a nine-month period. Resident Council minutes repeatedly documented complaints about insufficient staff on weekends, delayed responses to call lights, and staff not assisting residents with getting up or providing care during certain shifts. Despite these recurring concerns, the facility's responses were limited to general statements, requests for more specific information, or references to individual cases, without evidence of comprehensive investigation or resolution. Documentation such as call bell audits and records of supervisory rounds or spot checks, which were cited as part of the facility's response, were not provided for review. Observations during the survey confirmed that call lights were left unanswered for extended periods, and staff sometimes turned off call lights before residents' needs were met. For example, one resident's call light remained on and flashing for a prolonged time, and the resident reported that their need was not met even after the call light was answered. Another resident waited over an hour for acetaminophen after activating their call light. Staff interviews corroborated that call lights were not always answered promptly, often due to multiple simultaneous calls and insufficient staffing. Interviews with facility leadership revealed a lack of clear policies or targets for call light response times, and there was no evidence that the concerns raised by the Resident Council were systematically addressed through the facility's Quality Assurance and Performance Improvement (QAPI) process. The Regional Director of Operations and Regional Nurse Consultant were unable to provide documentation of corrective actions or performance improvement plans related to these issues. The facility's grievance policy required prompt investigation and resolution of complaints, but there was no documentation that this process was followed for the Resident Council's ongoing concerns.

Penalty

Inspection fine: $63,846
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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
Resident Council 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 were held in the dining room instead of a private space, with staff and other residents coming in and out during the meetings. Residents stated they filtered what they said because of the lack of privacy, and the AD and Administrator both acknowledged the dining room was not private and that no sign was posted when council was in session.

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 Support Resident Family Group Meetings
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Failure to support resident family group meetings: A facility handbook stated residents have the right to organize and participate in resident/family groups, but family council minutes did not show that families chose to stop meetings or that the facility formally told families the meetings would end. Family representatives said the meetings had previously occurred monthly or quarterly but were no longer being held, and the NHA and Activities Director confirmed the prior administration stopped them and that there was no formal communication to families.

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 Support Family Group Formation and Track Family Concern
D
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Failure to support family group formation and track a family concern. A resident family member reported interest in starting a family council for the secured unit and said he contacted administration and the LTC ombudsman, but the facility did not assist him or provide information to help form the group. The concern was not entered on the concern log, and the ANHA confirmed the facility was aware of the issue but did not assist with forming the family group.

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 resolutions were not documented or communicated
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Grievance resolutions were not documented or communicated. During a resident council meeting, eight residents stated their grievances had not been resolved and that staff had not discussed resolutions with the council. Review of grievance records showed many complaints lacked documentation of resolution, complainant notification, and the method of communication. The Administrator identified herself as the grievance official and stated she expected grievances to be completed and followed up within 5 days, while the facility policy required a written decision for the person with the grievance.

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

A resident council meeting was interrupted three times when the BOM entered to retrieve a resident, returned to say the resident would not be back, and an Infection Control staff member entered regarding resident care. Residents stopped discussing meeting business during each interruption. The Activities Director Assistant said she did not know meetings should not be interrupted, the Activities Director said she had not told her about using a Do Not Disturb sign, and the DON acknowledged staff had not been adequately instructed. The Resident Council President stated interruptions had happened before and residents had become reluctant to discuss concerns because meetings were not consistently private.

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

Failure to investigate a Resident Council grievance regarding long call bell response times. Residents reported that some concerns get responses while others do not, and that staffing problems and agency staff not answering call bells were ongoing. Review of grievance logs showed no grievance form or investigation for the concern, and the NHA confirmed the issue had not been investigated.

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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