F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
D

Failure to Follow Policy for Reheating Outside Food

Gardens Nursing And Rehab CenterMiami, Florida Survey Completed on 06-27-2025

Summary

The facility failed to follow its own policy regarding the reheating of food brought in by family or visitors for one resident. Observation revealed that the resident, who was seated in her wheelchair at the bedside, reported a disagreement with the dietary manager after her food was burnt when staff previously warmed it in the kitchen. As a result, the dietary manager refused to warm her food in the kitchen. The resident further explained that microwaves had been removed from each floor and that residents were required to have outside food warmed in the kitchen. Interview with the dietary manager confirmed that there were no microwaves available for residents and that staff were not permitted to reheat outside food, a longstanding policy despite multiple resident complaints. Review of the facility's policy indicated that only dietary staff are allowed to reheat outside food to prevent injury.

Plan Of Correction

1) What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice: Resident Council Meeting to be held 7/2/2025 to review the policy r/t Food Brought in from Outside Visitors/Family. A copy of the Food Brought in from Outside Visitors/Family policy was placed in the admission packet by the ED 7/23/2025 and will be reviewed with new admissions, re-admissions and/or the resident representative as part of the admission process. Resident #13 grievance initiated and resolved 6/26/2025. Resident #13 educated on the policy r/t Food Brought in from Outside Visitors/Family by the ED 6/26/2025. How you will identify other residents having potential to be affected by the same practice and what corrective actions will be taken: Quality review of grievances received over the last 30 days from residents/visitors and/or staff with concerns related to not being able to have their food re-heated to be completed by the ED 7/31/2025. (3) What measures will be put into place or what systematic changes you will make to ensure that the practice does not recur: Current facility staff re-educated by the ED/designee on the components of this regulation and the policy titled "Food Brought in from Outside Visitors/Family" to be completed by 7/31/2025. (4) How the corrective action(s) will be monitored to ensure the practice will not recur, i.e., what quality assurance program will be put in place: The ED/designee to conduct ongoing quality monitoring through morning meeting r/t grievances regarding food not being able to be re-heated to ensure residents/visitors and staff have been provided education on the policy titled "Food Brought in from Outside Visitors/Family" 2 x weekly x 4 weeks, weekly x 2 weeks then twice monthly and PRN as indicated. The findings of these quality reviews will be reported to the Quality Assurance/Performance Improvement Committee monthly x 2 months or until substantial compliance is met then quarterly ongoing. Schedule to be modified PRN based on findings.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0813 citations
Spoiled, Expired Meat Left in Resident Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident’s personal refrigerator contained expired [NAME] salami that was greyish and sitting in sour-smelling liquid, and the resident said he did not know it was spoiled and would have eaten it. The resident had vascular dementia, diabetes, and a hx of stroke with cognitive deficits, while staff gave conflicting accounts of who was responsible for checking resident refrigerators and removing expired food.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled Perishable Food Stored in Resident Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident's thermal bag in the residents' refrigerator contained perishable food, including raw organic kraut and another liquid container, that was not labeled with storage or expiration dates. The resident had cognitive impairment and needed assistance with several ADLs, while an LVN and the DSS stated refrigerated food should be labeled and dated to support food safety. The facility policy required visitor-brought perishable food to be clearly labeled and discarded after 48 hours if not consumed.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled and Undated Food in Resident Nourishment Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Unlabeled and undated food items were found in a resident nourishment refrigerator used for personal food storage, including opened and unopened dairy, salad, and frozen items with missing open dates or use-by dates. The DM and ADM stated no one was monitoring the refrigerator, and the facility policy required food brought in by family or visitors to be labeled, dated, and discarded if not used within 3 days.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Lack of Policy for Personal Food Storage Amid Rodent Infestation
C
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility lacked a policy for personal food storage while rodent feces was observed in resident rooms and throughout the facility. Food items were stored in residents’ rooms, the owner reported an ongoing rodent infestation, and the DON and an LPN stated no education had been provided to residents or staff about reducing or controlling the infestation or food storage in rooms. The administrator stated there was no policy on personal food storage.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled and Undated Food Items Found in Residents’ Refrigerators
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Unlabeled and undated food items were found in two residents’ personal refrigerators, including watermelon pieces and an opened cheese dip container with fuzzy patches. An RN confirmed the watermelon was not labeled or dated, and an LVN confirmed the cheese dip was also unlabeled and undated. The DON stated perishable items in residents’ refrigerators should be labeled and dated, and nursing staff were responsible for removing unlabeled or undated food items daily.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Refrigerator Temperature Above Required Limit
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident refrigerator in the Activity/Dining Room was observed at 51 degrees F during an observation and interview with the DS. The DS stated the temperature should be 41 degrees F or below to keep food safe, and noted the food in the refrigerator had been brought in by residents' family and visitors. The facility policy required refrigerator temperatures to be 41 degrees F or below.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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