Grievance Process Not Available or Followed
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
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