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

Failure to Address Resident Council Concerns

Cayuga Nursing And Rehabilitation CenterIthaca, New York Survey Completed on 01-24-2025

Summary

The facility failed to ensure that the views, grievances, or recommendations voiced by residents during Resident Council meetings were considered, acted upon, and responded to with a rationale. During a recertification survey, 10 anonymous residents reported that they did not receive responses to topics or concerns addressed in prior meetings. The facility's policy stated that the Resident Council would serve as a liaison between residents and facility administration, addressing concerns or complaints regarding facility operations, policies, and resident experiences. However, there was no documented evidence that residents' voiced concerns were investigated, and rationales or responses were provided to the residents. The Resident Council meeting minutes from August to December 2024 documented recurring issues such as call bells not being answered timely, medications not being available, noise levels during certain shifts, and staff using offensive language. Despite these concerns being raised repeatedly, there was a lack of documented staff responses or actions taken to address them. The Recreation Leader and Activities Director both noted that the issues were not being resolved, and the residents expressed frustration that their concerns were not being addressed, leading to a perception that attending the meetings was futile. Interviews with facility staff revealed a lack of structured follow-up on the residents' concerns. The Recreation Leader stated that they documented issues and delivered them to each department, but they were unsure why the same concerns persisted without resolution. The Activities Director, who started in November, noticed the lack of structure in the meeting minutes and recurring unresolved issues. The Administrator acknowledged seeing repeated concerns in the minutes and attributed the lack of clear follow-up to inadequate documentation, which made it appear as though the residents' concerns were not being addressed.

Plan Of Correction

Plan of Correction: Approved February 17, 2025 What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice: A memo addressing cell phone use, playing music, wearing ear buds and inappropriate language will be sent to all staff directly through the employee payroll system. All old business noted on the latest resident council minutes will be addressed and responded to accordingly. How you will identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken: A survey will be conducted to all residents and/or responsible parties regarding concerns, potential grievances or complaints. Each topic will be addressed and brought to the appropriate department head to respond. What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not recur: Education was completed to all Department head level staff for addressing and responding to resident council concerns. How the corrective action(s) will be monitored to ensure the deficient practice will not recur, i.e., what quality assurance program will be put into practice: The Director of Therapeutic Recreation will report compliance at QAPI monthly for 6 months and quarterly thereafter. The date for correction and the title of the person responsible for correction of each deficiency: Director of Therapeutic Recreation.

Penalty

Inspection fine: $17,345
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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.

Inspection 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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