F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
D

Failure to Support Resident Choice for Independent Smoking Access After Hours

Millcreek Rehabilitation And NursingSalt Lake City, Utah Survey Completed on 03-31-2025

Summary

A deficiency was identified when a resident, who had been assessed as safe to smoke without supervision, was not allowed access to the secured outside smoking patio after 9:00 PM except during designated supervised smoking times at 11:00 PM and 3:00 AM. The resident expressed a desire to sit outside on the patio at night but was informed by staff that he had to be inside by 9:00 PM. The resident reported feeling treated like a child and unable to leave when he wanted. Review of the resident's smoking evaluations confirmed that he was considered safe to smoke independently. Facility staff, including the ADON, stated that the back interior door to the patio locked automatically at 9:00 PM and reopened at 6:00 AM, and that the policy required residents to wait for supervised smoking times at night, even if they were independent smokers. The ADON cited staffing limitations as the reason for this policy, noting that staff could not accommodate letting residents in and out at will during the night. The Administrator indicated that independent smokers should be allowed access as they pleased, but acknowledged there was no way for residents to alert staff to be let back in except by knocking, as the patio door lacked a doorbell.

Penalty

Inspection fine: $25,441
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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 F0561 citations
Failure to Support Resident Smoking Preference
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A resident with moderate cognition and a history of smoking repeatedly expressed a desire to smoke, but staff told her she could not because the campus was smoke-free. Her care plan did not address smoking, no updated smoking assessment was completed after she voiced her preference, and the IDT did not document discussion of options to accommodate off-campus smoking despite the facility policy calling for individualized assessment and consideration of safe smoking practices.

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’s Room Door Left Open Despite Request for Privacy and Sleep
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A cognitively intact resident with multiple chronic conditions, including anxiety, depression, and insomnia, repeatedly reported that staff propped her room door open with a trash can at night, leaving light and noise in the room and preventing sleep. She asked for the door to be kept shut, but aides continued opening it, and a CNA confirmed the practice was done because of the roommate’s condition despite the resident’s objections.

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.
Failure to Provide Requested Socks
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

Failure to Provide Requested Socks: A resident with intact cognition and diagnoses including HF and type II DM was observed barefoot in his wheelchair and while walking in the hallway and on the elevator after asking staff multiple times for socks. Staff acknowledged that residents should not be barefoot in common areas and stated gripper socks were available, but the resident was still left without socks.

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 Choice Not Supported for In-Room Coffee Maker
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

Resident self-determination was not supported when a resident’s self-purchased coffee maker was removed from his room and stored in his closet after the NHA learned he was using it. The resident said he wanted his own coffee, but staff reported no alternate arrangement was made and he was only given facility coffee. The NHA said the restriction was based on a prior survey issue involving a coffee maker and extension cord, even though survey review found no safety concern for the resident’s coffee maker in the room.

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 Bathing Preferences Not Met
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

Resident Bathing Preferences Not Met: A resident with MS and DM had no cognitive deficit and was dependent for bathing, but her documented shower preference was not fully captured or followed. Staff only recorded shower versus bath preference, did not document how many showers she wanted, and the POC lacked refusal documentation even though the resident reported she was no longer receiving the 3 showers per week she had previously gotten.

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.
Inaccurate Smoking Information and Failure to Honor Resident Bathing Preference
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A facility gave conflicting and inaccurate information about smoking during admission, with the ADM saying it was non-smoking while the admission packet and written policy indicated residents had smoking rights and designated smoking areas. The DON stated the facility was not providing accurate smoking information and was not following its own policy. The facility also failed to honor a blind resident's stated preference for a Sunday bed bath; instead, a CNA brought the resident to the bathroom sink and gave towels for self-care, despite the care plan and posted instructions indicating a bed bath was to be provided.

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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