Failure to Treat Resident’s Verbal Complaint as a Grievance
Penalty
Summary
The deficiency involves the facility’s failure to follow its grievance policy and federal requirements when a resident voiced a concern about staff behavior. The facility’s policy titled “Resident and Family Grievances” states that the Director of Social Services and the Administrator are designated Grievance Officials responsible for overseeing the grievance process, receiving and tracking grievances, leading investigations, maintaining confidentiality, issuing written grievance decisions, and coordinating with state and federal agencies as needed. The policy further specifies that grievances may be voiced verbally to any staff member or Grievance Official, and that the staff member receiving the grievance must record the nature and specifics of the grievance on the designated grievance form or assist the resident in completing the form, take any immediate actions needed to prevent further potential violations of resident rights, and keep the resident apprised of progress toward resolution. Resident 6 was admitted with a diagnosis that included anxiety, and her most recent PPS Part A MDS showed a BIMS score of 15, indicating she was cognitively intact. During an interview, the resident reported that on two occasions an Environmental Services Housekeeper entered her room early in the morning while she was dressing, and that this made her feel uncomfortable; she stated she reported this to the Social Worker. The Social Service Director confirmed that she spoke with the resident, who told her it was odd that the housekeeper had been in her room twice, and when asked, the resident said the staff member had not touched her. The Social Service Director acknowledged that she did not file this concern as a grievance and no further investigation was conducted at that time, resulting in the resident’s verbal complaint not being treated, documented, or investigated as a grievance in accordance with the facility’s policy and federal requirements.
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