The information below comes from the statement of deficiencies compiled by health inspectors and provided to AHCJ by the Centers for Medicare and Medicaid Services. It does not include the steps the hospital plans to take to fix the problem, known as a plan of correction. For that information, you should contact the hospital, your state health department or CMS. Accessing the document may require you to file a Freedom of Information Request. Information on doing so is available here.

HARLINGEN MEDICAL CENTER 5501 SOUTH EXPRESSWAY 77 HARLINGEN, TX 78550 Nov. 12, 2014
VIOLATION: PATIENT RIGHTS: NOTICE OF GRIEVANCE DECISION Tag No: A0123
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review and interview the facility failed to send a written response for grievances reported by a patient's (P#1) family member (FM#2).

The findings were:

Review of medical records revealed P#1 was an [AGE] year old male with diagnoses including [DIAGNOSES REDACTED], Coronary Artery Disease, Hypertension, Benign Prostatic Hyperplasia (enlargement of the prostate gland) and recent AKA (above the knee amputation). The patient was admitted to the facility on [DATE] with chief complaints of decreased responsiveness and shortness of breath. P#1's health declined while receiving medical treatment and expired on [DATE] at the facility.

Interview with FM#2 on 11/12/14 at 10:30 a.m. revealed FM#2 complained to the facility on [DATE]th, August 10th and August 12th 2014 regarding concerns with P#1's quality of care, patient neglect, infection control and patient rights. FM# said she voiced her concerns to facility nursing supervisors and asked for documentation of her complaints. FM#2 stated she did not receive any written response by the facility regarding her grievances during or after the facility's investigations or prior to this Surveyor's complaint survey. FM#2 stated the facility did not resolve her grievances in a timely or reasonable manner.

Review of Complaint Log dated 08/12/14 indicated FM#2 complained to the facility regarding P#1's quality of care on 08/10/14.

Review of physician notes dated 08/12/14 indicated FM#2 voiced complaints to the facility regarding P#1's quality of care "...She also expressed frustration regarding communication with the staff members. I encouraged her to continue discussing her father's care with staff members and the care team. I spent a total of 15 minutes discussing the case with her in detail and listening to all of her concerns."

Review of the facility's Patient-Family Complaint Policy last revised December 2011 included the following:

4. Investigation and resolution of the complaint will be addressed in a timely, reasonable, and consistent manner. If the complaint is unable to be resolved to the satisfaction of the complainant, the reason for non-closure will be documented on the "Patient Comment Record."

5. The Director of the affected unit will contact the complainant by phone/letter regarding the investigation status/outcome. Written follow up will be reviewed by the Risk Manager before mailing.

6. The Risk Manager and/or Administration will contact the complainant by phone/letter of the investigation status/outcome if additional follow up is needed.

An interview with Staff #3 (S#3) on 11/12/14 at 1:20 p.m. confirmed the facility investigated FM#2's complaints of quality of care, neglect and patient rights and recorded the findings on facility documents. S#3 said the facility did not send any written response to FM#2 during or after the facility's investigation of the complaints and confirmed staff did not follow facility and regulation requirements of when to send a written response to patients or patients' representatives regarding complaints.

During the exit conference on 11/12/14 at approximately 4 p.m. the facility was given an opportunity to ask questions, provide additional information and documents related to the deficient practice identified during the complaint survey. No additional information was given related to FM#2's complaints.