Failure to Prevent Serving Allergen-Containing Food to Resident with Documented Food Allergies
Summary
A resident with documented allergies to gluten and lactose was served cream of wheat for breakfast, despite multiple records indicating these allergies. The resident's care plan, physician's orders, allergy list, dietary profile, and other medical documentation all specified the need for a gluten-free and lactose-free diet. The resident's meal ticket did indicate a gluten restriction, but the actual food provided did not comply, and the meal ticket did not specify the correct gluten-free substitute (cream of rice). The resident reported previous instances of being served foods containing gluten and stated that staff had been informed of these allergies. The dietary staff prepared only oatmeal and cream of wheat for breakfast, and cream of rice, the appropriate substitute, was not available in stock. Staff responsible for preparing and checking trays were either unaware that cream of wheat contained gluten or had been incorrectly informed that it was safe for gluten-free diets. The kitchen staff had not received training on gluten-free diets, and the facility's software failed to update the meal ticket to reflect the resident's dietary needs. The food service manager or supervisor did not check the resident's tray for the correct diet before it was delivered, as required by facility policy. Interviews with staff revealed gaps in knowledge and communication regarding food allergies and dietary restrictions. The licensed nurse who checked the tray was not able to accurately identify whether the hot cereal was gluten-free and relied on incomplete information from the meal ticket. The dietary aide responsible for tray accuracy had been told by a previous supervisor that cream of wheat was acceptable for gluten-free diets, leading to repeated errors. The facility's purchasing records showed that cream of rice had not been restocked in a timely manner, further contributing to the deficiency.
Removal Plan
- The DON immediately assessed Resident 71 for any adverse reaction and there were none noted.
- The facility notified Resident 71's attending physician and Resident 71's family of the incident of giving food containing allergies. The attending physician did not give any new orders.
- The Minimum Data Set Coordinator 1 (MDSC 1) updated Resident 71's allergy Care Plan to remove gluten allergy and Resident 71's nutrition risk Care Plan to reflect gluten intolerance prior to a diagnostic test for allergies.
- The Registered Dietitian (RD) evaluated Resident 71 and updated food preferences, reviewed allergies and food intolerances, and completed a nutritional assessment.
- The Director of Staff Development (DSD) provided one-on-one in-service training to Licensed Vocational Nurse 3 (LVN 3, who checked Resident 71's breakfast prior to serving) to ensure: a) Identification of food allergies using the daily Allergy Report provided by DON and/or designee. The daily Allergy Report can be found in a special needs binder located at each nursing station and dining room. b) Prior to tray passing to residents during mealtimes, a licensed nurse will check all trays for accuracy of meal ticket and physician diet orders against what is on the residents' meal tray using the diet report. c) Prior to passing the meal trays to the residents during mealtimes, a licensed nurse will check the diet type report and the meal ticket on each tray against the food on the resident's meal tray. d) Prior to tray passing to residents during mealtime, a licensed nurse will check all the trays to ensure any resident with a gluten allergy is not served unless food item on food tray is labeled gluten free.
- The DON, the DSD, the RD, the Dietary Supervisor (DS) initiated an in-service to staff (including RNs, LVNs, CNAs, Rehabilitation Therapists, the Dietary Manager, cooks, tray line staff, dishwashers, Dietary Preparation staff, and Department Heads) about identification of food allergies using the daily Allergy Report, 2 licensed nurse will check all the trays to ensure meal ticket, physicians orders and Diet Type Report are accurate against resident's food trays. The in-service also included checking all the trays to ensure all trays are checked for gluten allergies and not served foods containing gluten. Snacks for residents on gluten free diet will be labeled gluten free. A licensed nurse will check the diet type report, snacks label and food to ensure accuracy before serving it to the residents.
- The DS completed an in-service to the dietary staff (Dietary Manager, cooks, tray line staff, dishwashers, and dietary preparation staff) related to food allergy, labeling of gluten-free food items, and ensuring all trays are checked accurately to ensure residents are not served a food item they are allergic prior to trays being sent out of the kitchen. Tray line staff will refer to Diet Manual for Guidance on alternatives for residents on gluten restricted diet/gluten allergy/intolerance. Staff that have not yet been in-serviced (those on vacation and per diem employees) will be in-serviced on their first reported day back to work.
- The DON and or designee will update the Allergy report daily at the clinical meeting (Monday to Friday), and ensure it is available at each nursing station and dining room and a copy will be provided to the kitchen.
- The DON, the Assistant DON (ADON), the MDS Nurse and the DSD observed the licensed nurses checking for tray accuracy prior to trays being served to residents. No issues were identified and the 10 residents who had food allergies and or food intolerances had accurate trays. The DON and ADON assessed the 10 residents for any signs and symptoms of allergic reaction, and none noted.
- The RD provided in-service to final tray line staff who checked Resident 71's breakfast tray.
- The DON reviewed all residents and identified 10 residents with food allergies. Resident 71 the only resident identified to be on a gluten restricted diet. One resident identified having gluten allergy had been hospitalized for unrelated medical condition. Upon this resident readmitted to the facility, the nurse will obtain an order from the MD for allergy test.
- The Regional RD observed breakfast tray line to ensure accuracy of the meal tickets to what was being placed on resident's meal trays. There were no issues identified and the 10 residents who had food allergies and or intolerances had accurate trays.
- The DON completed competency for the licensed nurse who checked Resident 71's tray and met expectations as evidenced by the licensed nurse being able to correctly check the diet orders, resident allergies against the food tray.
- The DON and or designee will complete a random daily visual check of meal trays for residents with identified food allergies using the Daily Food Allergy Audit Form. This audit will remain on-going until the goal is achieved.
- The DON and or designee will review the change in conditions daily related to food allergies.
- The DON and or designee will complete a Monthly Food Allergy Interview Audit Tool to ensure that each residents allergies are current, and up to date. This audit will remain ongoing until the goal is achieved.
- The DON obtained an order from Medical Doctor (MD) for Tissue Transglutaminase ([tTG-igA], blood test to diagnose celiac disease, a disease in which the small intestine is hypersensitive to gluten, leading to difficulty in digesting food) to be drawn.
- The DON discussed with MD to update Resident 71's gluten intolerance to gluten allergy. The DON updated allergy profile and care plan to reflect resident's gluten allergy. The DON provided dietary communication form to dietary staff for gluten allergy update.
- Registered Nurse Supervisor obtained order from MD for Resident 71 for psychology consult for psychosocial support.
- The RN Supervisor and or designee will update the Allergy report and special needs binder on the weekends (Saturday and Sunday) at each nursing station, and dining room.
- The RD will check food inventory weekly based on the upcoming week's menu using the Inventory form. If any items are missing, the RD will notify the Dietary Manager/designee, and the RD will approve appropriate alternative with same nutritional value if necessary.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
The facility failed to provide alternate meal choices of similar nutritional value and did not consistently honor resident food and beverage preferences during a period when the main kitchen was closed and meals were prepared from the dining room using limited equipment. Only a single entrée was offered at each meal, with peanut butter and jelly or deli sandwiches as the only substitutes, and several residents reported they could not order and were simply served whatever was prepared, including food they disliked or items that did not match their stated preferences. Residents also did not consistently receive requested beverages such as chocolate milk, 2% milk, cranberry juice, fruit punch, or ice with meals, and one resident reported being served burnt pizza with no alternative. The Dietary Manager confirmed there was no second meal option of similar nutritive value during the shutdown and that new dietary aides had not been fully trained on tray line duties.
A resident with Alzheimer’s disease and other comorbidities, who was cognitively impaired and dependent on staff for care, was not provided a meal consistent with documented food preferences and restrictions. During a breakfast service, the resident received pureed sausage, scrambled eggs, pureed toast, and cranberry juice, despite a meal ticket specifying yogurt, half a banana, tea, and no juice or soda. A CNA confirmed the resident did not receive the ordered items and was served juice contrary to the documented restriction, in violation of facility policy requiring that individualized food preferences and restrictions be reflected in the tray ticket system.
A cognitively intact resident with multiple chronic conditions, including DM2, mental health disorders, paraplegia, and breast cancer, did not consistently receive preferred food items as indicated on meal tickets and as known by staff. On multiple observed meals, items such as 2% milk, cranberry juice, and yogurt were missing or provided in lesser quantities than ordered or routinely requested, leading the resident to refuse at least one meal. A CNA and an LPN confirmed that the resident’s usual preference for two milks and two yogurts at each meal was not consistently honored, despite facility policy requiring nutrition care consistent with individual preferences.
Surveyors found that the facility failed to honor documented food preferences and allergy restrictions for two residents. One resident, with multiple behavioral and medical diagnoses, was served rice despite a recorded dislike and reported frequently receiving tomato-based items that upset her stomach. Another resident, with COPD and an allergy to raw onions, was served sautéed peppers and onions even after dietary staff verbally reminded each other to avoid onions, and the resident reported repeatedly receiving onions, mayonnaise, and sour cream despite stating he did not want them.
Two residents with intact cognition and multiple medical conditions did not receive the food items they selected on their meal tickets, such as vegetable soup and crackers. Staff interviews and Resident Council notes confirmed ongoing complaints about residents not receiving their requested menu items, despite CNAs being responsible for collecting and submitting meal selections to the kitchen.
Two residents with specific dietary preferences, including avoidance of pork and beef due to health and religious reasons, did not have their preferences consistently honored. Nutrition assessments were not completed in a timely manner, and staff failed to accurately document and follow dietary restrictions, resulting in residents receiving meals with items they wished to avoid.
Failure to Provide Alternate Meal Choices and Honor Resident Food Preferences
Penalty
Summary
The deficiency involves the facility’s failure to provide appealing meal options of similar nutritive value and to honor residents’ food preferences during a prolonged kitchen shutdown and subsequent transition period. For 19 days while major plumbing repairs were performed in the kitchen and dry storage, the facility prepared meals out of the dining room using limited equipment such as roasters, crockpots, a microwave, a griddle, and a waffle maker. During this time, only one meal choice was offered at each meal, and the only substitutes available were peanut butter and jelly sandwiches or deli sandwiches. The Dietary Manager confirmed that there was no second meal option of similar nutritional value available during the kitchen shutdown. Multiple residents reported not being able to order or receive their preferred items. One resident stated there were no second options or substitute items and that he was simply given food he did not like, including peas, carrots, and rice. Another resident’s meal ticket indicated a preference for chocolate milk, which was not provided on the tray. A different resident reported she does not order and is just served whatever is given; her stated preferences for 2% milk, cranberry juice, and fruit punch resulted in her receiving only fruit punch. Another resident reported being served burnt pizza with no other option when the kitchen was down and stated that even when she tells staff what she wants, she usually does not receive it; her ticket also indicated she should receive ice with every meal and fruit punch at lunch, neither of which were delivered. The Dietary Manager further acknowledged that new dietary aides were still in training and had not been given sufficient time to learn their tray line duties during and immediately after the kitchen relocation.
Failure to Follow Documented Food Preferences and Restrictions
Penalty
Summary
The facility failed to provide meals according to a resident’s documented food preferences and restrictions. A resident with Alzheimer’s disease, congestive heart failure, anxiety, and seizures, admitted in mid-September 2024, had a comprehensive MDS indicating a cognitive deficit and dependence on staff for all care. The resident’s care plan showed a need for supervision and occasional feeding assistance. On the observed breakfast service, the resident was served pureed sausage, scrambled eggs, pureed toast, and cranberry juice, with appropriate adaptive equipment. However, review of the resident’s meal ticket for that breakfast showed the resident was supposed to receive yogurt, half a banana, and tea daily, with explicit instructions for no juice or soda. Despite these documented preferences and restrictions, the resident was served juice instead of tea and did not receive the ordered yogurt and banana. A CNA confirmed that the resident was not supplied the ordered food and acknowledged that residents’ preferences changed often. Facility policy on accommodation of food preferences required that resident food preferences be listed in the tray ticket system and that alternate menu items be available to meet individualized needs and requests, but this was not followed in this instance.
Failure to Consistently Honor Resident Food Preferences
Penalty
Summary
A cognitively intact resident with multiple diagnoses, including type 2 diabetes mellitus, anxiety disorder, major depressive disorder, schizoid personality disorder, paraplegia, and breast cancer, did not consistently receive food items according to documented preferences and meal tickets. The resident’s medical record showed admission on 07/01/25, and the MDS dated 01/08/26 confirmed intact cognition. The facility’s meal ticket for breakfast on 03/09/26 indicated the resident was to receive two 2% milks, cranberry juice, and yogurt; however, observation showed the tray was missing both milk and cranberry juice, leading the resident to refuse the meal due to not having the requested items. The facility’s policy stated that the Food and Nutrition Services Department would promote optimal nutrition status consistent with each individual’s needs and personal preferences. Further review of meal tickets and observations on subsequent dates showed repeated failures to provide the resident’s preferred items. A lunch meal ticket dated 03/12/26 indicated the resident was to receive two 2% milks and yogurt, but observation revealed only one milk and one yogurt were provided. The resident reported that although the meal ticket showed one yogurt, the dietary department knew she wanted two milks and two yogurts at every meal. A CNA confirmed that the resident always wanted two milks and two yogurts at each meal and verified that the resident did not receive them per preference. On 03/16/26, the lunch meal ticket again showed two 2% milks and yogurt, but observation revealed no yogurt on the tray, which an LPN also verified. These findings demonstrated that the facility did not consistently provide food that accommodated the resident’s stated preferences as required.
Plan Of Correction
F806 Resident Allergies, Preferences, Substitutes The PoC will what corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice. As of 3-17-2026 Resident #4 is ensured by the dietary Manager that she is now receiving requested 2 milks and 2 yogurts and cranberry juice with each tray. How you will identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken. Dietary manager has done a sweep of all facility residents and determined likes and ensured these likes are on their meal tickets. Completed 3-17-26 What measures will be put into place or what systemic changes you will make to ensure that the deficient practice does not recur. DM in serviced dietary staff in reading and following dietary tickets In-service completed 3-17-2026. How the corrective action will be monitored to ensure the deficient practice will not recur. DM/designee auditing all trays for compliance with meal tickets 5 x a week X4 weeks during lunch and dinner. Results submitted to QAPI committee.to ensure all residents receive the requested diet. Identified concerns by audits are immediately corrected and staff reeducated.
Failure to Honor Resident Food Preferences and Allergy Restrictions
Penalty
Summary
The deficiency involves the facility’s failure to provide food that met documented resident preferences and allergies for two residents out of three reviewed for food preferences, in a census of 38. For one resident admitted with multiple diagnoses including post-traumatic stress disorder, alcohol use, major depressive disorder, generalized anxiety disorder, history of traumatic brain injury, convulsions, anemia, essential hypertension, vitamin D deficiency, and insomnia, the food preference and allergy sheet documented numerous dislikes, including any type of tomato products and rice. During observation of the lunch tray line, this resident was plated rice despite the tray card indicating rice as a disliked item, which was confirmed by the Dietary Manager and another staff member. In interview, the resident reported that tomatoes upset her stomach and that she often receives tomato-based soups or spaghetti sauce, which she does not eat when they are served. For a second resident admitted with diagnoses including chronic obstructive pulmonary disease, emphysema, acute chronic respiratory failure, anxiety disorder, essential hypertension, and major depressive disorder, the food preference and allergy sheet documented an allergy to raw onions and dislikes of tomatoes or tomato products and yogurt. During observation of the lunch tray line, the Dietary Manager reminded a staff member not to give this resident sautéed peppers and onions, and the resident’s tray card showed an allergy to raw onions. Despite this, the plated meal for the resident included sautéed peppers and onions, which was confirmed by the Dietary Manager and the staff member. In interview, the resident stated he keeps receiving onions despite telling staff multiple times he did not want them and also reported repeatedly receiving mayonnaise and sour cream, which he does not like. This deficiency was investigated under Complaint Number 2722647.
Failure to Provide Residents with Selected Menu Items
Penalty
Summary
The facility failed to ensure that residents received the menu items they selected at mealtime, as evidenced by observations, interviews, and review of records. Two residents with intact cognition and specific medical diagnoses, including hemiplegia, type II diabetes mellitus, hypertensive heart disease, and heart failure, did not receive the food items they had chosen on their meal tickets. One resident did not receive vegetable soup as selected, and another did not receive crackers, despite both items being available and provided only after staff intervention during the meal service. Staff interviews confirmed that residents frequently complained about not receiving their requested menu items. Further review revealed that CNAs were responsible for distributing and collecting menu tickets, but there were ongoing issues with ensuring residents' selections were honored. Resident Council Food Committee notes documented concerns about menus not being filled out and residents not getting what they requested. These findings demonstrate a pattern of the facility not providing food according to residents' documented preferences and selections.
Failure to Complete Timely Nutrition Assessments and Honor Dietary Preferences
Penalty
Summary
The facility failed to ensure that nutritional assessments were completed in a timely manner to determine dietary preferences and failed to honor food preferences for two residents. For one resident with multiple diagnoses including congestive heart failure, diabetes, and moderate cognitive impairment, the care plan and physician orders did not specify the resident's request to avoid pork and beef, despite documentation and interviews indicating these preferences. Observations confirmed that this resident received beef on his meal tray, and staff verified the presence of beef despite the resident's stated aversion. Another resident, with a history of kidney transplant, end stage renal disease, and diabetes, also reported a preference to avoid pork for religious reasons. Although the dietician was made aware of this preference, the resident continued to receive pork on meal trays and had to return them. Staff interviews revealed that dietary staff did not consistently review meal tickets thoroughly and relied on cheat sheets, which were incomplete regarding certain preferences. The facility's policy required interviews within 72 hours of admission to determine food preferences, but this was not completed for one of the residents involved.
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