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.
E

Failure to Promptly and Consistently Resolve Resident Grievances Related to Incontinence Care and Call Bell Response

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

Summary

The facility failed to ensure prompt and consistent efforts were made to resolve resident grievances, specifically in relation to incontinence care and call bell response times. In one instance, a resident with hemiplegia and hemiparesis, who was dependent on staff for toileting, experienced an episode of incontinence while preparing to attend church. The resident and their representative reported that staff informed the resident that if incontinence care was provided, the resident would not be able to attend church. As a result, the resident attended church in a soiled brief. Documentation showed that the Manager on Duty was informed of the incident well after lunch, and although the resident was eventually provided care, there was no thorough investigation or communication of the facility's efforts to resolve the grievance to the resident or their representative. Staff interviews revealed that key personnel were unaware of the grievance until much later, and statements were not collected in a timely manner. The facility also failed to address and resolve repeated grievances and concerns related to staff response to call bells, as reported by multiple residents and the Resident Council over a nine-month period. Grievance forms and Resident Council Meeting Minutes documented ongoing complaints about delayed call light responses, staff turning off call bells before needs were met, and staff being inattentive or unavailable. Investigations into these grievances were often incomplete, lacking documentation of whether actual delays occurred or what specific actions were taken. In several cases, there was no follow-up with residents or their families regarding the facility's efforts to resolve the grievances, and some grievances remained unresolved for extended periods. Observations and interviews further confirmed ongoing issues with call light response times. Residents reported waiting significant periods for assistance, and staff acknowledged challenges in responding promptly due to workload and staffing levels. Facility leadership and consultants were unable to specify targeted response times or provide evidence of systematic efforts to address the pattern of grievances. There was also no documentation that these concerns were addressed in the facility's Quality Assurance and Performance Improvement (QAPI) committee.

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 F0585 citations
Grievance Information Not Posted or Accessible
F
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 Information Not Posted or Accessible: The facility failed to provide 7 confidential residents with accessible information on how to file grievances or concerns. During Resident Council, residents stated they did not know they could file grievances anonymously and had not seen the grievance procedure posted in prominent locations. Surveyors observed the lobby postings did not include the grievance policy, filing instructions, or where to obtain a form, while the ADM stated forms were available near the staff break room and could be submitted anonymously in the same box as blank forms.

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.
Grievance Information Missing Anonymous Filing Option
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 facility failed to ensure grievance forms available at one of the grievance information locations included wording that a grievance could be filed anonymously. Although the grievance policy stated complaints may be submitted orally or in writing and may be filed anonymously, the policy/procedure was not posted at the Willow Unit location, and the grievance forms there did not mention anonymous filing. The NHA confirmed the omission.

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 Resolve Representative’s Grievance About Morphine Use
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 Resolve Representative’s Grievance About Morphine Use: A resident with Alzheimer’s disease, severe cognitive impairment, a pressure ulcer, and hospice services had a care plan meeting where her RP said morphine made her sedated and confused, asked that he be notified before any MS was given, and requested routine acetaminophen instead. The request was not entered as a grievance, was not documented in the resident’s record, and staff later gave MS without notifying the RP. Interviews showed the MDS Coordinator and DON did not follow up on the complaint, and the grievance log had no entry for the resident.

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.
Delayed Follow-Up on Missing Dentures
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

Delayed Follow-Up on Missing Dentures: A resident with Alzheimer’s disease and severe cognitive impairment was observed eating without teeth after missing dentures were not followed up on timely. The SSD was first notified by family that the dentures were missing, but did not pursue the issue with the dental consultant for more than a month. The resident’s SLP noted the resident took longer to chew food because the resident did not have teeth.

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 File and Investigate 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 File and Investigate Resident Grievance: A resident reported that a CNA made a false statement after he helped his roommate following a fall, but the concern was not filed as a grievance or investigated. The grievance log only showed an unrelated grievance about inconsistent care, and the SS Director stated she did not complete a grievance because that was not how grievances worked; the ADON and DON stated the grievance should have been filed and 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.
Failure to Document Grievance and Resolve Missing Clothing Complaint
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’s family grievance about staff not waking the resident and getting him out of bed was not documented or investigated, despite the administrator speaking with the family member. In a separate issue, a cognitively intact resident reported that clothing packed during an evacuation was missing after return to the facility, and the missing items were not satisfactorily resolved; staff searched for the bag, but it was not found and the administrator acknowledged the facility was responsible for the clothing.

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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