Failure to Honor Resident's Right to Dietary Choice
Penalty
Summary
The facility failed to honor a resident's right to make choices regarding their diet. A resident with a history of stroke and aphasia, but with intact cognition, was observed consuming soda in their room and reported dissatisfaction with being placed on a soft diet with thickened liquids. The resident stated they had not experienced choking and had not undergone a swallow evaluation at the facility, being told by staff that insurance would not cover it. The resident also reported consuming regular food brought by friends and had previously eaten a regular diet at home and upon initial admission. Facility staff, including the ADON, social services director, and administrator, were unable to clearly identify the origin of the soft diet order, with some suggesting it may have been a transcription error or related to a previous hospice waiver. The medical director believed the order was due to a stroke and possible dysphagia, but there was no documented diagnosis of dysphagia or incidents of choking. The facility did not offer waivers for diet preferences outside of hospice care, and staff indicated they would not question the physician's order or seek justification, resulting in the resident's dietary preferences not being honored.