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

Resident Council Meetings Held Without Private Space

Avir At KennedaleKennedale, Texas Survey Completed on 09-03-2025

Summary

The facility failed to provide a private meeting space for resident council meetings for 8 of 8 confidential residents reviewed. During a confidential resident group interview with eight residents, the monthly resident council meeting was held in an open dining room near the central nurses' station and front entry door, with no doors that could be closed to ensure privacy. The Activity Director placed portable privacy screens in the dining room and a sign outside stating, "STOP Resident Council in Progress," but the screens only provided visual privacy and did not provide audial privacy. Staff were observed walking through the area during the meeting, and staff were standing by the central nurses' station while the meeting was in progress. The eight residents in attendance reported that their resident council meetings had been held in this open dining room area and that they had tried other areas of the facility, but there were no private areas that would hold residents, especially those using wheelchairs. The Activity Director stated she had only been at the facility for about a week and was not sure where to hold the meeting, and she said neither the Administrator nor the DON provided recommendations. The Administrator stated resident council meetings had been held in the dining area, sometimes blocked off with signs and privacy screen dividers, and that the facility was exploring options for a better place. The facility's Resident Council policy stated the facility is responsible for providing an adequate space that residents may gather in confidence.

Penalty

Inspection fine: $16,437
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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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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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