Failure to Follow Prescribed Diet Leads to Choking Incident
Summary
The facility failed to ensure that a resident on a prescribed dysphagia mechanical soft consistency diet was provided with the appropriate food texture, leading to a serious choking incident. The resident, who had a history of Parkinson's disease, dysphagia, and other medical conditions, was allowed to consume a peanut butter and jelly sandwich, which was not suitable for her dietary needs. This oversight occurred when a Certified Nursing Assistant (CNA) left a tray of snacks, including the sandwich, unattended in the dayroom, and the resident, known for grabbing food from others, took the sandwich and began to eat it. The CNA, aware of the resident's dietary restrictions, mistakenly believed the sandwich was soft enough for the resident to consume because she had seen her eat bread before. However, the resident began to choke on the sandwich, leading to a severe medical emergency. The resident was found unresponsive with a low oxygen saturation level, and despite attempts to administer the Heimlich maneuver and suction food from her airway, she required emergency medical intervention. Paramedics were called, and the resident was transported to the hospital, where she was admitted to the Intensive Care Unit with acute respiratory failure due to hypoxia. The incident highlighted a critical lapse in following prescribed dietary orders and ensuring staff were adequately trained and knowledgeable about the specific dietary needs of residents. The CNA involved had not received proper education on the types of foods appropriate for a dysphagia mechanical soft diet, which contributed to the resident's choking incident. The facility's failure to adhere to the resident's dietary requirements resulted in substandard quality of care at the Immediate Jeopardy level.
Removal Plan
- CNA A received a teachable moment regarding appropriate snacks according to diet texture with the DON.
- An Ad Hoc Quality Assurance Performance Improvement (QAPI) meeting was convened to review the action plan. The Medical Director reviewed and approved the plan.
- The RD completed a quality review on residents diet orders and validated with the CDM against the kitchen's meal ticket identifiers to ensure that diets were being served as prescribed. Orders were clarified as needed.
- Resident diet orders were posted in pantry rooms and dining rooms. Print outs listing approved snacks for regular texture, dysphagia advanced, dysphagia mechanical soft, and dysphagia pureed were posted to dining rooms, nursing stations, and med carts. The CDM validated that snacks were delivered to the secured pantry.
- Education for staff started and continued. They educated staff on appropriate snacks based on resident diet texture order and the procedure to validate the resident's diet order if needed. Training also included Abuse/Neglect training and supervision during snack pass. Newly hired staff would receive education during orientation regarding appropriate snacks to be offered based on diet texture orders.
- The CDM completed 100% training with dietary staff regarding meal ticket accuracy and procedures for snacks. New diet orders would be reviewed during morning clinical meeting.
- Unit Managers began weekly audits to ensure appropriate snacks were being passed, meal tickets matched what was being served, and staff was able to verbalize where to find correct diet information. Audits were done with no discrepancies noted.
- A facility wide quality review was begun by Speech Language Pathologist to verify that residents with dysphagia diagnosis were on the correct texture diets. The audit was completed with no discrepancies noted.
- Resident #1 returned to the facility from the hospital with diet texture downgraded to puree. Orders and care plans were updated accordingly to reflect the texture change. The RD followed up with resident #1 with no new recommendations.
- NHA and Interdisciplinary Team (IDT), including Medical Director, met for monthly QAPI meeting and to review the progress made. They determined that all plans that had been put in place were effective.
- The RD completed the second quality review to ensure diet orders in the electronic medical record matched the meal tracker. There were no issues noted.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Follow Dietician Weight Monitoring and Feeding Recommendations: A resident with AD, aphasia, dysphagia, and protein-calorie malnutrition had a care plan and physician orders addressing nutrition and feeding support, but the facility did not complete the ordered weekly weights to establish a baseline after readmission. Records showed significant weight fluctuation, poor PO intake, pocketing of food and meds, and dependence on staff for feeding and fluids, while CNAs described the resident as weak, lethargic, and needing supervision, prompting, and redirection.
A resident with CHF, diabetes, COPD, and morbid obesity had a physician order for daily weights, but the record showed weights were documented only sporadically and most missed weights had no refusal documentation or provider notification. Staff interviews showed confusion about whether the order was active, and the DON stated the resident had a history of noncompliance with weights, fluid restrictions, medications, and treatments.
A resident admitted with muscle wasting and atrophy had documented weight changes from 164 lbs to 178.6 lbs, then dropped to 156.6 lbs, triggering a Dietitian note for significant weight loss and a reweight request. The reweight was delayed, the resident was later documented at 153 lbs, and no further Dietitian follow-up or additional nutritional interventions were put in place after the weight loss was identified; staff also did not follow the facility’s weekly weight monitoring schedule for newly admitted residents.
A resident with stroke-related deficits, CHF, hypothyroidism, gastritis, and a GI bleed was identified as being at risk for altered nutrition and fluid imbalance. After the resident became fatigued and labs showed elevated BUN, creatinine, and a low GFR, a DT documented a recommendation for the NP to review the resident for IV fluids. However, the recommendation was not shown to have been relayed to the provider, and the NP later stated she was not aware of it.
The facility failed to provide ordered nutritional supplements to three cognitively impaired, dependent residents. Meal tickets and care plans called for items such as ice cream, yogurt, pudding, applesauce, and whole milk, but during a lunch observation one resident had no ice cream, another had no yogurt, and a third had no ice cream on the tray. Staff said the kitchen had stopped sending these items on trays and nursing was expected to get them from the pantry, but the pantry was often not stocked and the residents did not receive the ordered items.
A resident at risk for weight changes did not have all ordered weekly weights documented. The care plan directed weights per MD orders, but the nurse failed to record one of the scheduled weekly weight checks, and the corporate nurse acknowledged that some ordered weights had been missed for some residents.
Failure to Follow Dietician Weight Monitoring and Feeding Recommendations
Penalty
Summary
The facility failed to implement dietician recommendations for a resident with Alzheimer’s disease, aphasia, dysphagia, and protein-calorie malnutrition. The resident’s care plan identified risk for dehydration, weight loss, or malnutrition, and physician orders included use of a maroon spoon for all meals to control oral intake and a mechanical soft diet with thin liquids. The most recent MDS also documented impaired daily decision-making, significant recent weight loss, and unhealed pressure injuries. A nutritional assessment documented weekly weights times four to re-establish a baseline weight after readmission, but the weight summary showed those weekly weights were not completed. The resident’s weights fluctuated significantly over the months reviewed, including a drop from 171.0 lbs to 141.5 lbs. The record also showed poor intake, with the resident dependent or requiring maximum assistance with eating on multiple days and consuming only 25-50% of meals during the period reviewed. Progress notes documented that the resident was eating less than 25% of meals, pocketing food and medications, and needing escalation of nutritional interventions. CNA interviews described the resident as weak, lethargic, not feeding self consistently, requiring supervision, redirection, prompting for fluids, and often eating only 25-30% of meals. The RDCS stated there were no weights per the dietician recommendations, and the dietician stated the weekly weights were ordered to establish a baseline after readmission.
Failure to Document Ordered Daily Weights
Penalty
Summary
The facility failed to routinely document physician-ordered daily weights for Resident B, who had diagnoses including CHF, diabetes, COPD, and morbid obesity. His MDS assessment indicated he was cognitively intact, non-ambulatory, and used a wheelchair for mobility. The current order summary showed an order placed for daily weights, but the order did not include parameters for notifying the physician for weight gain or loss within a defined time period. Weights were documented only on a few dates in the clinical record, and the majority of dates without weights had no documentation showing that the resident refused the weight or that the attending physician or NP was notified that the weight was not obtained. During interview, Resident B denied that daily weights had ever been obtained at the facility. An LPN stated she was unaware of any current residents who were to have daily weights, while another LPN identified Resident B as the resident with that order. The DON stated Resident B had a history of noncompliance with care, including refusing daily weights, and said the doctor and NPs were aware of his noncompliance with fluid restrictions, weights, medications, and treatments. The RD stated she believed the daily weight order had been discontinued after the resident signed a waiver for fluid restrictions and noted he was noncompliant with many aspects of care, including refusing weights at times. The facility later provided policies on weight assessment and provider notification, which stated that resident weights were to be monitored and recorded and that the physician or practitioner was to be informed of diagnostic results or changes in condition in a timely manner. The DON also stated the facility did not have a specific policy or procedure regarding implementation of physician orders and that the expectation was that all physician orders were followed.
Failure to Monitor Weight Loss and Nutritional Needs
Penalty
Summary
Facility staff failed to assess and monitor Resident #4’s nutritional needs and intervene in a timely manner. The resident was admitted in February 2026 with a diagnosis including muscle wasting and atrophy. The medical record showed weights of 164 pounds on admission, 173.4 pounds on 3/6/26, and 178.6 pounds on 4/9/26, followed by a documented weight of 156.6 pounds on 5/20/26. On 5/22/26, the Dietitian documented that the resident had fair to good PO intake and was triggering for significant weight loss, with a reweight requested and change to be assessed after the reweight was obtained. The resident was not reweighed until 6/2/26, 13 days later, when the documented weight was 153 pounds. The resident was not seen by the Dietitian after the reweight and transferred out of the facility on 6/9/26. The Dietitian stated weights should be weekly on admission times 4 then monthly, and no further interventions were put in place after the 5/20/26 documented weight loss. The facility’s Weight Monitoring policy stated newly admitted residents are to be monitored weekly for 4 weeks, and the Regional Nurse confirmed the resident was not weighed weekly on admission times 4 and no additional nutritional interventions were put in place after the documented weight loss.
Failure to Communicate Dietary Recommendation for IV Fluids
Penalty
Summary
The facility failed to inform the nurse practitioner of a dietary recommendation to review the need for IV fluids for a resident with multiple medical conditions, including hemiplegia and hemiparesis following cerebral infarction, chronic systolic congestive heart failure, hypothyroidism, mild gastritis, and a gastrointestinal bleed. The resident’s care plan identified risk for altered nutrition and fluid imbalance related to these conditions, along with episodes of meal intake less than 50 percent, significant weight loss, fluid shifts, and frequent urinary incontinence. On 05/19/26, the resident was seen by an NP for fatigue and was described as very tired during the exam. A chest X-ray, CBC, BMP, and TSH were ordered, and the NP noted there was no suprapubic tenderness and would hold off on IV fluids. The next day, labs showed elevated BUN, creatinine, and a reduced GFR. A dietary note documented a recommendation for the NP to review the resident for IV fluids, and nursing was aware and would contact the NP. However, there was no evidence that the dietary recommendation was relayed to the provider. A nursing note stated lab results were reported and new orders were received, but it did not show that the IV fluid recommendation was communicated. The NP later documented follow-up for pneumonia and additional antibiotics, but there was no indication she had been advised of the dietary recommendation. During interviews, the LPN stated she did not recall speaking with the DT or a dietitian about IV fluids, and both NPs stated they were not aware of the recommendation.
Missed Nutritional Supplements on Meal Trays
Penalty
Summary
The facility failed to provide nutritional interventions to assure that three residents received ordered food items intended to maintain proper weight and health. Resident 5 was cognitively impaired, dependent on staff for daily care tasks, and had a care plan directing whole milk with all meals and ice cream with lunch and supper. Resident 7 was cognitively impaired, dependent on staff, and had a care plan directing yogurt with lunch for additional protein. Resident 8 was cognitively impaired, dependent on staff, and had a care plan directing ice cream with all meals. During the lunch meal observation, Resident 5’s meal ticket indicated ice cream with lunch, Resident 7’s ticket indicated pudding, yogurt, or applesauce with lunch, and Resident 8’s ticket indicated pudding, yogurt, or applesauce with every meal. Resident 5 did not receive ice cream on the lunch tray, Resident 7 did not receive yogurt, and Resident 8 did not receive ice cream. Staff called the kitchen to send the items to the dining room, but Residents 5 and 8 still did not receive ice cream after the meal, and Resident 7 was told to remain after eating to wait for yogurt. Staff interviews confirmed the kitchen had not been sending yogurt, ice cream, pudding, or applesauce on trays, that these items were often not stocked in the pantry, and that nursing staff were expected to provide ice cream from the pantry after the kitchen stopped placing it on warm lunch trays.
Missed Ordered Weekly Weights
Penalty
Summary
The facility failed to follow a physician’s order for weekly weight monitoring for Resident #7, who was identified in the care plan as being at risk for weight changes and whose goal was to improve or maintain current weight. The care plan directed staff to weigh the resident per physician orders and as needed. A physician’s order required weekly weight checks on Wednesdays for four weeks on the 7:00 a.m. to 7:00 p.m. shift by the nurse, but the resident’s weight record showed only three documented weights and no recorded weight for one ordered weekly check. The corporate nurse stated that weekly weights were supposed to be done on Wednesdays and acknowledged that some weights had been missed for some residents and that a process change was needed.
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