Failure to Follow Diet, Positioning, and Feeding Assistance Requirements
Summary
The facility failed to ensure nursing staff were competent to provide care for residents with swallowing needs, therapeutic diets, and positioning requirements. Resident #3 had diagnoses including dementia, generalized weakness, and dysphagia-related concerns, and his record showed a pureed, consistent carbohydrate diet with thin liquids, along with care plan interventions for meal setup, supervision, cueing, and assistance as needed. The speech therapy evaluation documented severe swallowing impairment, impaired cognition, and a recommendation for 1:1 feeding assistance, slow rate of intake, and upright positioning at 90 degrees during and after meals. On 11/9/25, Resident #3 was observed in the dining room eating lunch when he choked on food and staff performed the Heimlich maneuver. The physician note stated nursing reported he had not received the correct food consistency for his meal. A later interview with a cognitively intact resident who witnessed the event stated a new staff member gave Resident #3 a regular diet tray while he was in a recliner chair, and that no nurse was present in the dining room during lunch. Staff accounts also described the resident as being in a Geri-chair or recliner and not positioned upright when the choking occurred. Record review and interviews showed the resident’s diet orders, care plan, and speech therapy recommendations were not followed during meals. Observations on 11/17/25 and 11/18/25 showed Resident #3 seated at about 60 to 65 degrees while eating a pureed meal, and he was observed eating without assistance despite documentation that he needed setup, supervision, cueing, and 1:1 feeding assistance. Staff interviews also indicated confusion about tray-line responsibilities, meal ticket accuracy, and who was responsible for checking diets and assisting residents during meals. The report states these failures created a situation that resulted in a worsened condition and the likelihood for serious injury and/or death to Resident #3 and resulted in Immediate Jeopardy.
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.