F 0585
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
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, for one of five sampled residents (Resident 1), the facility failed to make
prompt efforts to resolve a grievance when Resident 1's request to not receive care from Licensed
Vocational Nurse (LVN) 1 was not honored.
This failure had resulted in Resident 1's emotional distress.
Findings:
Review of Resident 1's Significant Event indicated Resident 1 was re-admitted to the facility on [DATE] with
diagnoses that included exacerbated congestive heart failure (heart can't pump enough oxygen-rich blood
to meet your body's needs), obstructive lung disease (condition that makes it hard to breathe) and diabetes
(abnormally high levels of blood sugar). The record indicated Resident 1 was alert, responsive and oriented
x 4 (understands who they are, where they are, approximate date or part of the day, and what is
happening).
[Reference:https://medical-dictionary.com].
Review of Resident 1's Minimum Data Set (MDS, an assessment tool used to direct resident care), dated
5/2/23, indicated Resident 1 had a Brief Interview for Mental Status (BIMS, an assessment tool for
resident's orientation to time and capacity to remember) score of 15. The BIMS score range is from 0-15,
with zero as the most impaired.
[Reference:https://downloads.cms.gov/files/mds-3.0-rai-manual-v1.17.1_October_2019.pdf]
During a telephone interview on 5/30/23, at 12:56 p.m., with Resident 1, Resident 1 stated, before Resident
1 was transferred to the hospital on 3/21/23, the facility knew of Resident 1's complaint about LVN 1 turning
off the CPAP (Continuous Positive Air Pressure, a machine that uses mild air pressure to keep airways
open while you sleep) machine while Resident 1 was asleep. Resident 1 stated she returned to the facility
on 3/31/23 from the hospital. Resident 1 stated, on 4/1/23, a day after returning from the hospital, Resident
1 communicated, via text message, with Associate Administrator (AA) about LVN 1's improper care.
Resident 1 stated she told AA she did not want to be under LVN 1's care. Resident 1 stated, on 4/4/23,
Resident 1 had to send a text message again to AA, after being under LVN 1's care again for two
consecutive days (4/3/23 and 4/4/23). Resident 1 stated she felt like no one cared and felt terrified that LVN
1 continued to provide care against Resident 1's will.
During an interview on 4/24/23, at 12:57 p.m., with AA, AA stated Resident 1 had complained on
(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 2
Event ID:
555381
Printed: 05/15/2026
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
555381
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/01/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Alameda Hospital D/P Snf
2070 Clinton Ave
Alameda, CA 94501
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 - Few
4/1/23 about LVN 1 turning off CPAP machine while asleep on three separate occasions. AA stated
Resident 1's complaint was received as a grievance and an investigation was started.
During a review of Resident 1's Associate Administrator's Note, dated 4/3/23, the note indicated AA was
aware of Resident 1's complaint against LVN 1 and of Resident 1's refusal of care from LVN 1. The note
also indicated, This was addressed to the said nurse .Resident does not want the said nurse to work on her
.Explained to the resident that [facility] already talk to the Nurse and it is hard to make changes to
accommodate all residents need. The note also indicated, Director of Nursing (DON), Assistant Director of
Nursing (ADON) and Social Services Director (SSD) would talk to Resident 1 to discuss the concern
further.
During a joint telephone interview with SSD and DON, on 5/26/23, at 4:03 p.m., both stated talking to
Resident 1 on 4/4/23 and that both reached a decision to remove Resident 1 from LVN 1's assignment (a
list of residents under LVN 1's care). DON stated making a few telephone calls to LVN 1 that were missed.
DON stated not being able to contact LVN 1 about the switch in the assignment.
During a telephone interview with LVN 1, on 5/26/23, at 10:59 a.m., LVN 1 stated Resident 1 was on LVN
1's assignment during the night shift on 4/3/23 and 4/4/23. LVN 1 stated she had been working at the facility
for many years and did not look at the schedule to check which residents belonged to her assignment. LVN
1 stated she showed up on 4/4/23 for work not knowing Resident 1 was already taken off LVN 1's regular
assignment. LVN 1 also stated being told of the change in the assignment at the end of the shift on 4/5/23.
During an interview on 6/1/23, at 10:15 a.m., with Staffing Coordinator (SC), SC stated she received an
instruction from management to remove Resident 1 from LVN 1's assignment on 4/3/23 but did not tell LVN
1 of the change.
Review of the facility's policy and procedure titled, Grievances/Complaints, Filing, last revised April 2017,
indicated the facility's policy was for the Administrator and staff to make prompt efforts to resolve
grievances to the satisfaction of the resident and/or representative. The policy further indicated, The Social
Worker and/or designee, Administrator and Staff will take immediate action to prevent further potential
violations of resident rights while the alleged violation is being investigated.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555381
If continuation sheet
Page 2 of 2