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.
D

Grievance Process Not Available or Followed

Winner Regional Healthcare CenterWinner, South Dakota Survey Completed on 06-02-2026

Summary

The facility failed to honor residents’ right to voice grievances without discrimination or reprisal and did not establish or follow a workable grievance process. During observation on 5/27/26, there were no grievance forms or instructions on how to file a grievance in resident care areas, at the nurses’ station, near the dining room, or in the activities room. The social services designee stated she thought the grievance official was either the licensed social worker or the CEO, and she had not assisted any resident or family member in completing a grievance form. The licensed social worker stated she had been the grievance official until she began working remotely about two years earlier, but she only worked at the facility two days per month. She expected grievance forms to be available in resident hallways and outside the DON and social services offices, yet confirmed there were no forms outside the DON office or in the 300 hallway. She also acknowledged that the grievance binder in the 200 hallway was placed in a clear file holder with trash bags about five feet from the floor, which would not be accessible to residents using wheelchairs. The binder near the front door was outside the social services office and not in a resident care area, and residents would not likely know it was there. Residents in council interview stated they did not know how to file a grievance or where forms were located. The deficiency also involved resident 5’s hot liquid burn injury and the family member’s concern that a staff member caused it. Resident 5’s family member stated resident 5 told her, “they burned me,” showed her the injured inner thigh area, and later repeated that staff had caused the burn. She said she was not notified when the injury occurred and expected follow-up after she voiced her concern to staff and again at the care conference. Facility staff, including the DON, RD, SSD, and LSW, gave inconsistent accounts of when they learned of the family’s concern and whether a grievance form should have been completed. The DON stated she was not notified of the injury at the time because staff believed resident 5 spilled hot tea on herself, and she expected a grievance form to be completed when the family voiced concern at the care conference. The SSD and RD were unsure whether a grievance was completed, and the LSW stated she became aware of the family’s concern only later and was unaware when the concern was first shared. The grievance policy and procedure reviewed by the facility did not identify the grievance official in the policy, and the procedure listed the LSW as the grievance official while the SSD’s contact information was not included.

Penalty

Inspection fine: $81,510
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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

Below are regulatory guidelines relevant to this citation:

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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