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

Failure to Address and Document Resident Concerns

Rochester Center For Rehabilitation And NursingRochester, New York Survey Completed on 01-14-2025

Summary

During a Recertification Survey conducted from January 6 to January 14, 2025, it was found that the facility failed to adequately address and document concerns raised by residents during Resident Council meetings. Six residents reported various issues, including the use of inappropriate silverware, lack of linens, restrictions on going outside, undignified treatment by staff, and delayed response to call lights. These concerns were voiced during a special Resident Council meeting on January 7, 2025, and had been recurring over the previous six months. However, the facility did not provide any follow-up, resolution, or rationale for the lack of resolution to these concerns in the meeting minutes. Interviews with the Director of Recreation and the Administrator revealed that while there was a protocol for addressing resident concerns, it was not being followed. The Director of Recreation admitted that complaints were addressed but not documented, and there was no manual or electronic record of resident concerns or follow-ups. The Administrator confirmed that directors present at the meetings should document concerns and follow-ups, but acknowledged that the follow-up process was not documented. This lack of documentation and follow-up on resident concerns constitutes a deficiency in honoring residents' rights to organize and participate in resident/family groups and have their concerns addressed.

Plan Of Correction

Plan of Correction: Approved February 7, 2025 1. The social worker will meet with each resident to document each of their concerns on a grievance form. Each concern will be investigated and a resolution put in place to address the individual concern. The social worker will then address each resident with the findings and resolution to their concerns, as applicable. 2. All residents have the potential to be affected. The facility will review 12 months of Resident Council minutes to ensure that each concern brought up at the meeting was properly reviewed and addressed. 3. The recreation staff, the social worker, and the administrator were educated on the requirement to ensure that every concern or grievance brought by a resident during Resident Council Meeting must be documented and followed up with a response and provide a rationale for the response. Every resident council will be audited 2 weeks after the meeting to ensure that every concern is responded to as required. 4. The facility will audit the monthly resident council minutes for 4 months. Results of the audits will be brought to the QAPI meeting for review. The Director of Activities is the responsible party.

Penalty

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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0565 citations
Ongoing Failure to Resolve Resident Council Concerns About Call Lights and Basic Services
B
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Over more than a year, residents repeatedly reported during Resident Council meetings that call lights were not answered timely, staff sometimes turned off call lights without meeting needs, ice and water were not passed consistently on all shifts, water pitchers were not washed as expected, and care was not always provided during meal times. Residents also described staff using poor attitudes, including cursing and aggressive tones, and noted that coffee on hall carts was often empty or cold at breakfast. Despite these concerns being raised month after month, residents stated they felt the facility only responded by saying staff were being educated, while the same problems continued. The Social Worker and DON acknowledged that these issues had been discussed numerous times without true resolution, and residents expressed a desire for their needs to be met and for clear feedback from administration about efforts to address their ongoing concerns.

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

A facility failed to provide private space for resident council meetings, which were held in the dining room for 15 of 15 confidential residents reviewed. During a meeting with 12 residents, staff entered the room despite do-not-enter signs posted on both doors, and residents said interruptions were frequent and made them feel unable to speak freely. The Activity Director and Administrator both stated the meetings were expected to remain private, and the facility policy stated the resident council would be provided private space.

Fine: $9,821
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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 Address and Communicate Follow-Up on Resident Council Concerns
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

The facility failed to effectively address and communicate follow-up on concerns raised in Resident Council meetings, leading several residents to stop attending because they felt nothing changed. Over several months, residents reported issues including nighttime noise, aides not staying on task, delays in getting out of bed for activities, inadequate bathroom and room cleaning, running out of ordered food, poor food flavor and temperature, and staff cell phone use during work time causing slow call light response. Meeting minutes showed no documented follow-up to these concerns, and residents reported no observable improvements. The Administrator acknowledged there was no standard process for handling Resident Council issues and that any actions taken were not formally communicated back to residents.

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 Respond to Resident Council Grievances
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Failure to Respond to Resident Council Grievances: The facility did not provide verbal or written responses to Resident Council grievances about nursing, dietary, housekeeping, and daily living concerns. The council reported issues such as unchanging bed linens, noisy and disrespectful housekeeping, loud staff conversations, meal and tray concerns, labeling personal items, and resident care concerns, but the facility did not consistently document a representative response or rationale.

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 Concerns Not Addressed or Communicated Timely
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Resident Council concerns were not addressed or communicated in a timely manner. Residents reported repeated issues with staff shutting off call lights before needs were met, not following the smoking plan, and meal trays being passed late, resulting in cold food. These concerns were raised in multiple council meetings over several months, but no timely resolution or update was shown.

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.
Ongoing Unresolved Resident Council Concerns About Call Light Response and Communication
E
F0565 F565: Honor the resident's right to organize and participate in resident/family groups in the facility.
Short Summary

Over an extended period, Resident Council meeting minutes repeatedly documented residents’ concerns that call lights were not being answered in a timely manner, despite notes that nursing administration would address the issue. A resident council leader later reported call light wait times of 30–60 minutes, especially when agency staff worked second and night shifts, and stated that staff often said they would return but did not do so promptly. Residents also lacked information on where state agency reports and Ombudsman information were kept, and reported that staff addressed them with terms like “Momma” and “Grandma” instead of using their names, contrary to expectations confirmed by facility staff. The facility’s grievance policy requires prompt resolution of grievances and written responses with rationale, but the same concerns continued to recur in council minutes.

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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