F 0585
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
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.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview, and record review, the facility failed to appropriately document, investigate, follow up, and
promptly resolve grievances for 1 of 3 sampled residents, (#1).
Findings:
Resident #1 was initially admitted to the facility on [DATE] with diagnoses that included type II diabetes,
chronic kidney disease stage III, major depressive disorder, vascular dementia with agitation,
hemiplegia/hemiparesis following stroke affecting the right dominant side, and persistent mood disorder.
The Quarterly Minimum Data Set assessment dated [DATE] revealed resident #1 had a Brief Interview of
Mental Status score of 5 out of 15 which indicated severely impaired cognition. The assessment revealed
she required substantial to maximum assistance for toileting, dressing, and personal hygiene.
On 12/4/24 at 12:35 PM, a telephone interview with resident #1's daughter confirmed that she was the
Power of Attorney (POA) and visited her mother daily. She said that she had been having issues with her
mother's missing items for about six months but she was unsure of the exact date. She said that about six
months earlier, her mother's dentures went missing when a staff member accidentally threw them away.
She was told by the previous Administrator and Social Service Director (SSD) that they would work on
replacing them. She said she did not hear anything else regarding the dentures until recently when the new
SSD started working at the facility and told her that they were working on getting a new dentist for her
mother. She explained that in October 2024 she had complained to staff because when her mother was
moved to a different room, per her request, all her mother's belongings went missing. She reported that the
facility lost her clothing, shoes, cellphone, and glasses. These items were listed on her mother's inventory
sheet, and she was the one responsible for doing her mother's laundry. She said that she spoke with the
facility Administrator, Assistant Administrator, SSD, and Business Office Manager (BOM) but nothing was
done, and they did not offer to reimburse her for the lost items. She said that she was unsure if a grievance
was ever filed for the missing items.
Review of the facility Grievance log from June 2024 to November 2024 revealed that a grievance had been
filed on 9/19/24 for resident #1's missing dentures. The investigation had been assigned to the
Administrator but there was no resolution indicated. There were no other grievances found for resident #1
during that time period. Further review revealed that from June 2024 to November 2024 there were 155
grievances filed, with 9 unresolved, and 83 that were either not assigned to a staff member to investigate or
not properly documented with a resolution and complainant notification date. There were 22 grievances
related to missing items included.
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 5
Event ID:
105440
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105440
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/05/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Colonial Lakes
15204 W Colonial Dr
Winter Garden, FL 34787
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0585
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
On 12/04/24 at 12:21 PM, the SSD confirmed she was the Grievance Officer and had started working in the
facility in October 2024. She noticed that there were grievances dating back to July 2024 that had not been
investigated or resolved by the previous SSD. She met with the current Administrator, previous SSD, and
Regional SSD regarding the unresolved grievances and let them know that her plan would be to start with
the unresolved grievances since September 2024. She explained that when a grievance was received from
a resident either verbally or in writing, the staff member receiving the grievance would complete a grievance
form and submit to the Grievance Officer. Then she would assign a department leader to investigate,
resolve, follow up with the resident, and have them sign acknowledging the resolution was to their
satisfaction. When a resident reported a missing item, the staff member receiving the grievance would
attempt to find the item first and then if still not found the grievance was given to the SSD to be assigned for
further investigation. She said that when items were not found they would replace or reimburse the resident.
The SSD said that she was aware that resident #1's representative had reported the dentures were missing
in June of 2024 but was unsure why the grievance had not been filed until September 2024. She confirmed
that there were no grievances filed for resident #1's missing clothing, cellphone, shoes, or glasses.
On 12/04/24 at 1:04 PM, the Social Service Assistant (SSA) said that she had been working at the facility
since July 2024. She confirmed that based on the facility's grievance policy, grievances had to be resolved
within seven days of receipt and not exceed 14 days. She said that one of the issues that prevented timely
resolution of grievances was that when they were assigned to the department leaders for investigation, they
would often return the forms to Social Services with no resolution or notification to the resident.
On 12/05/24 at 12:31 PM, the Resident Council President confirmed that several grievances had been filed
regarding missing items. She said that she had not received a resolution for the grievances and the facility
did not follow up with her regarding the status of the grievances.
On 12/05/24 at 4:15 PM, the facility Administrator confirmed that he was made aware by the SSD, shortly
after being hired in September 2024, that there were grievances that had not been resolved since July
2024. He said that the issue had been discussed at the Quality Assurance and Performance Improvement
(QAPI) meeting on 11/14/24, which was attended by the Administrator, Director of Nursing, Medical
Director, SSD, and Assistant Administrator. The plan was to audit and review grievances that had been
outstanding prior to the new team, review the grievances with the resident or representative, and to ensure
the resolution was acceptable. The SSD, Administrator, and all departments would work together to audit
and resolve the outstanding grievances. He said that the goal was for all outstanding grievances to be
resolved by the end of the year and to ensure that new grievances were handled in a timely manner. When
asked for audits or documentation to show the work that had been done from 11/14/24 to present, he said
that they had no documentation to show what had been done. He confirmed that resident #1's missing
items had been reported to him around October 2024 by the resident's representative, but he did not
complete a grievance form. He said that the facility looked for the items but did not find them and he had not
followed up with the resident's representative regarding a reimbursement for the items. He said that the
expectation was for grievances to be documented, investigated, and resolved in a timely manner.
Review of the Complaint/Grievance Policies and Procedures revised 10/24/22, revealed that the center
would make prompt efforts to resolve the complaint/grievance and inform the resident of progress towards
resolution. The grievance procedures stated the following: an employee receiving a complaint/grievance
from a resident, family member or visitor would initiate a Complaint/Grievance Form, the Grievance Officer
or designee shall act on the grievance and begin follow-up of the concern or submit
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105440
If continuation sheet
Page 2 of 5
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105440
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/05/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Colonial Lakes
15204 W Colonial Dr
Winter Garden, FL 34787
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0585
Level of Harm - Minimal harm
or potential for actual harm
it to the appropriate department director for follow up, the grievance follow up should be completed in a
reasonable time frame, which should not exceed 14 days, and the individual voicing the grievance would
receive follow up communication with the resolution, and a copy of the grievance resolution would be
provided to the resident upon request.
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105440
If continuation sheet
Page 3 of 5
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105440
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/05/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Colonial Lakes
15204 W Colonial Dr
Winter Garden, FL 34787
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0842
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Safeguard resident-identifiable information and/or maintain medical records on each resident that are in
accordance with accepted professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview, and record review, the facility failed to maintain medical records that were complete and
accurately documented in accordance with professional standards of practice for 1 of 3 sampled residents,
(#1).
Findings:
Resident #1 was re-admitted to the facility on [DATE] from an acute care hospital with new diagnoses that
included urinary tract infection (UTI), need for assistance with personal care, and muscle weakness. She
also had a past medical history of type II diabetes, chronic kidney disease stage III, major depressive
disorder, vascular dementia with agitation, and persistent mood disorder.
The Quarterly Minimum Data Set assessment dated [DATE] revealed that resident #1 had a Brief Interview
of Mental Status score of 5 out of 15 which indicated she was severely cognitively impaired. The
assessment revealed she required substantial to maximum assistance for toileting, dressing, and personal
hygiene.
On 12/04/24 at 12:35 PM, in a telephone interview, resident #1's daughter confirmed at she was the Power
of Attorney (POA) for her mother. She said that she noticed her mother's functional abilities started to
decline in October 2024 and she required more assistance with activities of daily living. She said that on
11/04/24 she had visited the facility and noticed that her mother was not acting like herself. She reported
her mother's condition to the nurse and was told that they would notify the doctor. On 11/05/24 she visited
resident #1 again and requested for her to be transferred to the emergency room (ER) because she had
vomited and was lethargic. Resident #1 was transferred to the ER, but she felt that her mother had not been
assessed appropriately, so she requested to see progress notes from 10/23/24 to 11/03/24. She said that
the facility provided her the progress notes but they contained no care notes documenting her mother's
change of condition. She said there were several notes regarding refusal of care by her mother. She
confirmed that at the hospital they diagnosed resident #1 with a urinary tract infection and she was ordered
antibiotics.
Review of resident #1's daily progress notes revealed that on 10/23/24 she was seen by the doctor and
there were no changes reported. The next entry starts on 10/29/24 with several notes that reported she
refused medications and glucose monitoring. The daughter and Nurse Practitioner were notified of the
refusals on 10/29/24.
On 10/30/24 there was a single note entry at 5:34 AM, which documented that the resident refused glucose
monitoring. There were no entries on 11/04/24 to indicate that staff assessed resident #1 after the daughter
expressed concern with her altered mental status and medication refusals. On 11/05/24 at 4:46 AM, there
was a note that documented that resident #1 refused lab work that was ordered due to lethargy. On the
same day at 11:59 AM, there was a change of condition note for altered mental status and an order for
resident to be transferred to the hospital per the daughter's request.
On 12/05/24 at 12:59 PM, Registered Nurse (RN A) said that she documented any changes from baseline
for the resident, such as changes in mood, behavior, or mental status. She would assess, report and
document the changes even if it was reported by the family member.
On 12/05/24 at 3:20 PM, the Director of Nursing (DON) stated that nurses were expected to document
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105440
If continuation sheet
Page 4 of 5
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105440
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/05/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Colonial Lakes
15204 W Colonial Dr
Winter Garden, FL 34787
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0842
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
by exception meaning that any changes in condition or change from baseline would be documented in the
resident's medical record. She said that she was not aware that resident #1's daughter had reported a
change with her mother on 11/04/24.
On 12/05/24 at 3:45 PM, the Medical Director stated that on 11/04/24 resident #1 was seen by the
Physician Assistant (PA) after a staff member reported that she was lethargic, and labs were ordered to
rule out a UTI. He stated that on 11/05/24 he ordered for the resident to be transferred to the ER by request
of the daughter. The DON was present during the interview and stated that if the nurse identified a change
in the resident's condition on 11/04/24, it should have been documented.
Review of the facility's policies and procedure for Medical Records, revised 8/25/17, revealed that the policy
required clinical records to be maintained in accordance with professional practice standards to provide
complete and accurate information on each resident for continuity of care. It stated that the purpose of the
clinical record was to document the course of the resident's plan of care and to provide a medium of
communication among health care professionals involved in the care. The policy indicated the clinical
record should include a record of the resident's assessments, the plan of care and services, and progress
notes which indicated a change toward achieving the care plan objectives.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105440
If continuation sheet
Page 5 of 5