Failure to Monitor and Approve Outside Food Leads to Resident's Death
Summary
The facility failed to ensure that a resident with difficulty swallowing and at risk for aspiration received care and monitoring of food consumption within the guidelines of the diet order. The facility did not implement its policy and procedure for food brought in from outside sources, which required that such food be shown to the Charge Nurse for approval to ensure it was within the diet order. Additionally, the facility did not provide the resident's family with the information sheet about bringing in food for a resident, nor did it ensure ongoing communication and coordination among staff to support the resident's nutritional well-being and safety. As a result, the resident consumed regular textured food brought in by a family member, which was not consistent with the prescribed pureed diet. The Certified Nursing Assistant (CNA) observed the resident eating the food but did not report it to the Charge Nurse. Subsequently, the resident became congested, had difficulty breathing, and became cyanotic. The resident became unresponsive and required cardiopulmonary resuscitation (CPR) but was pronounced dead shortly after. Interviews and record reviews revealed that the facility staff did not follow the established procedures for monitoring and approving outside food. The resident's diet and diet texture were not discussed during the initial interdisciplinary team (IDT) conference, and the family was not educated on the resident's special diet. The CNA did not intervene or report the incident when the resident was observed eating the wrong food texture, leading to the resident's adverse health event and subsequent death.
Removal Plan
- The Minimum Data Set (MDS) Nurse reviewed the diet orders of all current residents to determine if their diet texture and fluid consistency needed to be clarified with the physician. The MDS Nurse completed the clarification of diet orders.
- The Nurse Consultant provided an in-service to six Interdisciplinary Team (IDT) members to inform the resident's family, during the initial IDT meeting and subsequent IDT meetings as needed, about the resident's prescribed diet order and the facility's policy on Food for Resident from Outside Sources. The resident's family would be asked to sign a form acknowledging they received this information. The DON was the only remaining IDT member who would be provided with an in-service by the Nurse Consultant upon their return to work.
- The IDT reviewed current residents who were on a therapeutic diet and informed their family members via telephone conversation about the resident's prescribed diet order and the facility's policy on Food for Resident from Outside Sources. The information was provided using the family members' native language. The IDT members documented in the resident's chart that the family has been informed.
- Consultant provided an in-service to Registered Nurses (RNs), Licensed Vocational Nurses (LVN), Certified Nursing Assistants (CNA) and Restorative Nurse Aides (RNA), regarding the facility's policy on Food for Resident from Outside Sources and the different diet textures available in the facility. The in-service emphasized the following: Diet orders will be printed daily by the licensed nurse and will be made available as a reference at the nurses' station. Food brought in by family from outside sources must be consistent with the resident's prescribed diet; Food brought in by family from outside sources should be shown to the licensed nurse for evaluation if it matches the resident's prescribed diet. The licensed nurse must be notified if the resident is observed to be eating food that does not match the diet order or when the family is observed to have brought in food for the resident that is different from the diet order. The licensed nurse will check on residents who have food brought in by family every 2 hours and as needed; and, The licensed nurse will record both the evaluation of the food brought from outside and every two-hour visual checks in a log that would be submitted to the DON or designee for further review.
- Licensed nurses and CNAs were asked questions at the end of the in-service to evaluate their knowledge of the information provided in the in-service. In-services would be completed for all the active nursing staff by the Nurse Consultant. Staff who were currently on vacation or on leave will be provided the in-service upon their return to work.
- The Nurse Consultant checked competencies of RNs, LVNs and CNAs, as in identifying different diet textures by presenting them with different sample meal trays and asking them to correctly identify different diet textures and fluid consistencies. Competency evaluations would be performed by the Nurse Consultant and completed for all active nursing staff. Staff who were currently on vacation or on leave would have their competencies evaluated upon their return to work.
- The Nurse Consultant provided a one-to-one in-service with CNA 1 regarding the facility's policy on Food for Resident from Outside Sources, emphasizing the importance of reporting to the licensed nurse when the resident was observed to be eating food that was different from the diet order. At the end of the in-service, the CNA was asked questions to evaluate his knowledge about the information provided to him and was able to answer questions correctly.
- The Nurse Consultant provided an in-service to CNAs and RNAs regarding the importance of immediately reporting to the licensed nurse any observed changes in the resident's condition and acting upon any actions that do not match the facility's policy on Food for Resident from Outside Sources. The Nurse Consultant would complete the in-service for all the active CNAs and RNAs. Staff who were currently on vacation or on leave would be provided the in-service upon their return to work.
- The RD would review diet orders once a week to ensure diet orders were clear and correct. She would conduct rounds once a week to ensure that residents were provided the correct diet texture and fluid consistency. Findings would be reported to the Director of Nursing (DON) and Administrator weekly for follow-up.
Penalty
Resources
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Several residents with personal refrigerators had food stored without consistent temperature monitoring or proper labeling, and expired food items were found during observations. Staff interviews revealed confusion over responsibility for monitoring, and the facility's policy lacked clear procedures for temperature checks, resulting in non-compliance with safe food storage practices.
Surveyors found that staff failed to monitor and safely store food brought in by families and visitors, resulting in unlabeled and moldy food items in a resident lounge refrigerator. The refrigerator was also found to be soiled and sticky, and there was confusion among staff about who was responsible for monitoring and discarding perishable foods, contrary to facility policy.
The facility failed to ensure safe handling and storage of food brought in from outside, affecting 41 residents. Observations revealed unlabeled and undated food items in resident refrigerators, lack of temperature monitoring logs, and improper storage of employee foods and breast milk. The facility's policy requires labeling and dating of all food items, with immediate disposal of unlabeled items.
The facility failed to provide adequate refrigeration for residents to store food brought in by family or visitors, affecting six residents. Residents reported no designated refrigerator for their use, and existing refrigerators were either full or for staff use. Observations showed unlabeled and undated items in a refrigerator, and the Dietary Manager confirmed the facility did not store outside food due to content uncertainty. The facility's policy allowed food from outside but did not ensure storage space availability.
Failure to Monitor and Maintain Safe Food Storage in Resident Room Refrigerators
Penalty
Summary
The facility failed to implement and enforce its policy regarding the use and storage of food in resident room refrigerators, specifically in relation to temperature monitoring for food safety. Observations and interviews revealed that several residents had personal refrigerators in their rooms, but there was inconsistency and confusion among staff regarding who was responsible for monitoring refrigerator temperatures. Some staff believed it was the responsibility of maintenance, others thought it was the CNAs, and some stated it was the nurses' responsibility. Multiple residents reported that their refrigerators were either not checked regularly or they were unaware of any monitoring taking place. Direct observations of the refrigerators in the rooms of four residents found that temperature monitoring logs were either missing, incomplete, or outdated. In one instance, a refrigerator contained expired food items, including a container of beef stew past its expiration date and a container of parmesan cheese that had expired over a year prior. The facility's policy required that food items be labeled, dated, and discarded after three days, and that unsafe or expired foods be removed by staff, but did not specify procedures for maintaining or monitoring refrigerator temperatures. The lack of clear procedures and consistent monitoring led to a situation where food safety could not be assured for residents storing personal food in their room refrigerators. The facility identified seven residents with personal refrigerators, but there was no systematic approach to ensure compliance with the policy or to safeguard against the storage of expired or unsafe food items.
Failure to Monitor and Safely Store Outside Food in Resident Refrigerator
Penalty
Summary
The facility failed to ensure proper monitoring and safe storage of foods brought in by family and visitors for residents. During an observation of the second-floor resident lounge refrigerator, surveyors found the exterior of the refrigerator heavily soiled with dried food, fingerprints, and a sticky handle. Inside, there was a paper plate with two cheeseburgers and an open package of microwavable chicken patties, both lacking resident names and dates. The chicken patties were visibly moldy and emitted a bad odor. Certified Nurse Aide (CNA) confirmed the presence of mold and the lack of labeling, stating that dietary staff were supposed to monitor the refrigerator. Further interviews revealed confusion regarding responsibility for monitoring the unit refrigerators, with the Dietary Director believing nursing staff were responsible. Review of the facility's policy indicated that perishable foods must be stored in resealable containers labeled with the resident's name, item, and use-by date, and that nursing staff are responsible for discarding perishable foods on or before the use-by date. The failure to follow these procedures had the potential to affect 36 residents on the second floor, with one resident identified as receiving nothing by mouth.
Deficiency in Safe Food Handling and Storage
Penalty
Summary
The facility failed to ensure the safe handling and storage of food brought in from outside for residents, which could potentially affect 41 residents who received food from the kitchen. During an observation, the Dietary Manager (DM) noted several issues with the resident refrigerator on the south resident hall, including three unlabeled and undated meat sandwiches, and a lack of temperature monitoring logs for the refrigerator. Additionally, the unit microwave was found to have dried food particles stuck to its ceiling and sides. These findings were confirmed by the DM at the time of observation. Further inspection of the resident refrigerator on the skilled hallway revealed multiple concerns, such as an unlabeled and undated plastic container of ice cream, an open and undated bottle of ketchup, and several other food items that were either expired or not labeled with a resident's name. An undated and unlabeled bag of employee-pumped breast milk was also found, which was against facility policy. The Assistant Director of Nursing (ADON) confirmed that employee foods and breast milk should not be stored in the resident refrigerator. The facility's policy mandates that all food brought in for residents must be labeled with the resident's name and date, and any unlabeled items should be discarded immediately. This deficiency was investigated under Complaint Number OH00159004.
Inadequate Refrigeration for Resident Food Storage
Penalty
Summary
The facility failed to provide adequate refrigeration for residents to store food brought in by family or visitors, affecting six residents. Residents reported that there was no designated refrigerator for their use, and the existing refrigerators were either full or intended for staff use. One resident mentioned being reprimanded for having homemade lemonade stored in the kitchen, which she eventually had to discard. Another resident noted that while there was a refrigerator at the nursing station, it had limited space and residents were not allowed to have personal appliances in their rooms. Observations revealed that the refrigerator on the 100 hall contained meals, soda, and condiments, none of which were labeled or dated. The Dietary Manager confirmed that the facility did not store food from outside sources due to uncertainty about its contents. The facility's policy stated that residents could bring in food as long as safe storage guidelines were followed, but it did not ensure the availability of storage space. This deficiency was investigated under Complaint Number OH00157418.
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