Failure to Honor Resident Food and Utensil Preferences
Summary
The facility failed to reasonably accommodate the needs and preferences of a resident who was cognitively intact and had diagnoses including complications of lung transplant, immunodeficiency due to external causes, and lung transplant status. The resident stated he had been telling staff that he needed utensils specialty wrapped, wanted his food opened because of his immunocompromised status, and wanted to know how his food was prepared and who touched it. During observation, he showed plastic utensils in a plastic bag that his family had brought because he had not been receiving plastic utensils with meals, and he said the utensils provided by staff were wet and unusable. During the same observation, the resident’s bedside table contained a bowl of cereal with a lid dated that day, and he stated he could not eat it because it could be hazardous to his health and recovery. He removed the insulated lid from another food item and revealed eggs, stating he had asked for cheese that morning but was told the facility did not have any. His meal tray also did not include what he had selected on his menu, even though the menu was still present at the bedside. The resident said he was having difficulty communicating with staff and described the interactions as charades. The resident also stated staff told him they could not provide liquids such as cranberry or lemon juice for taking his essential anti-rejection transplant medication, which he described as horrible and disgusting. The care plan directed staff to provide diet and consistencies as ordered, offer and provide alternates as needed, and honor food preferences. Staff interviews showed a CNA knew the resident preferred plastic wrapped utensils and had not communicated his requests to the kitchen or nurse, while the dietary manager said he had not been informed of the resident’s specific needs and preferences and that no staff had communicated the concerns to him. The social service director confirmed that repeated resident concerns should be reported and written as a grievance, but no grievance was documented in the grievance log.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release July 29, 2026) and official state health department websites — never guesswork.
In your survey window? See what surveyors are citing.
The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.