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

Failure to Track, Resolve, and Communicate Resident Council Grievances

Emerald Ridge Health And RehabilitationAsheville, North Carolina Survey Completed on 04-09-2026

Summary

The deficiency involves the facility’s failure to resolve and communicate outcomes of concerns raised through Resident Council meetings over an extended period. Review of the grievance logs from April 2025 through March 2026 showed that no grievances were filed on behalf of the Resident Council from April 2025 through December 2025, despite multiple documented concerns in the Resident Council minutes. When grievances began to be logged in January, February, and March 2026, there was no documentation of the specific complaints, plans to resolve them, or actions taken. Resident Council minutes across multiple months documented repeated grievances related to housekeeping, dietary, and nursing services, but the minutes generally did not show the facility’s responses to concerns voiced at prior meetings. Resident Council minutes from April 2025 through November 2025 showed recurring issues. In April 2025, residents reported housekeeping problems such as bathrooms not consistently cleaned, delayed trash removal, and slow laundry services; dietary issues including missing tray items, incorrect or incomplete meals, and unavailable alternatives; and nursing concerns such as delayed response to emergency call lights and nursing assistants’ reluctance to assist across halls. In May and June 2025, residents continued to report inconsistent room cleaning, delays in receiving basic supplies, cold and bland meals, missing tray items, and incomplete room cleaning and laundry delays, with no documented facility response to the previous month’s grievances. In July and August 2025, residents again raised unresolved dietary complaints, poor food quality, nurse aides’ reluctance to assist, unprofessional or negative staff attitudes, improper disposal of soiled briefs, and bathrooms not consistently stocked with toilet paper, with minutes still lacking documentation of how prior concerns were addressed. In subsequent months, similar patterns persisted. September and October 2025 minutes documented ongoing concerns about staff disposing of used briefs in resident trash cans, medication accuracy, poor staff attitudes, and shower schedules not being followed, with either no documented response or only general references to “updates” without details. November 2025 minutes noted that nursing had addressed issues such as briefs thrown on the floor, medication accuracy, negative staff attitudes, and medication timeliness, but there was no documentation of the facility’s specific responses. In January 2026, residents reported ongoing issues with staff attitudes, soiled briefs left in trash cans, medication accuracy, missing personal belongings, inconsistent showers, and delayed call light response, with no documented follow-up from November’s grievances. February 2026 minutes stated that all concerns had been documented and forwarded to departments, including missing belongings, inconsistent showers, staff attitudes, medication accuracy, dirty briefs in trash cans, delayed call light response, and staff using phones during work, but again lacked documentation of the facility’s responses. In March 2026, dietary concerns about inconsistent portion sizes and nursing concerns about excessive night-shift noise were recorded, with the Old Business section marked “Resolved” without further explanation. Resident interviews during the April 1, 2026 Resident Council meeting revealed that multiple residents, including the Resident Council President, agreed they were never provided information about what was being done to address their concerns and did not receive written communication regarding outcomes. Several residents reported feeling ignored, that their voices did not matter, and that they were frustrated by raising the same concerns repeatedly without follow-up or resolution. The Activity Director stated she organized the meetings, took minutes, and verbally communicated concerns to department heads and the Social Service Manager, but acknowledged she never received written documentation of investigations or outcomes and that, after a change in the grievance process in December 2025, she no longer received updates regarding grievance outcomes. The Social Services Manager, who served as the Grievance Official, acknowledged he had not been recording Resident Council grievances on the grievance logs until January 2026, tracked resolution by reviewing subsequent Resident Council minutes, and did not receive written notification of resolutions, instead assigning a standard 14-day resolution date. These actions and omissions resulted in a lack of documented investigation, tracking, and communication back to the Resident Council regarding the concerns raised over the 11 of 12 months reviewed. When asked, the Activity Director indicated that she stopped getting updates regarding the outcomes of grievances after the grievance process changed in December 2025.

Penalty

Fine: $84,427
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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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