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
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
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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 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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