F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
D

Failure to Honor Food Preferences and Fortified Diet Orders

New Bethany Skilled NursingLos Banos, California Survey Completed on 09-05-2025

Summary

The facility failed to ensure that residents received food that accommodated their preferences and, for one resident on a fortified diet, failed to provide a fortified substitute meal of similar nutritive value when the resident refused the meal served. During lunch service, one resident on a fortified mechanical soft diet was served a regular chicken noodle soup after refusing the original tray and requesting bread or a grilled cheese sandwich. Staff stated the soup was not fortified, and the Dietary Services Supervisor and Registered Dietitian both stated that fortified diets include extra calories and that substitutes for residents on fortified diets should also be fortified. The resident’s record identified him as at risk for weight loss, malnutrition, and dehydration, and his care plan directed staff to honor food preferences within the diet order and provide the ordered fortified diet. A second resident was served lunch that included gravy even though the resident’s cardex listed gravy as a dislike for breakfast, lunch, and dinner. The resident stated he did not like gravy, ate only a small amount of the meal, and later told staff he did not like the food. A CNA acknowledged that the resident ate about 10 percent of the meal and did not offer a substitute meal that day, despite stating that substitutes were sometimes offered when the resident did not eat much. The Dietary Services Supervisor confirmed the resident should not have received gravy because it was a stated preference and said an alternative meal should have been offered. The records reviewed showed both residents had diet orders and documented food preferences. One resident had a fortified mechanical soft diet order, and the facility’s fortified diet policy and in-service stated that fortified diets are intended to increase calorie density and that alternatives for residents on fortified diets must be fortified. The other resident had a mechanical soft, no-added-salt diet with documented dislikes for gravy, and the facility’s food preferences policy stated that substitutes for disliked foods would be given from the appropriate food group. Interviews with dietary and nursing staff showed that the meal served to each resident did not match the documented diet or preference information.

Penalty

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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0806 citations
Failure to Honor Resident’s Documented Food Preferences and Restrictions
D
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

A resident with a documented No Added Salt (NAS) diet and clear instructions for no sauce, gravy, or chicken skin was repeatedly served meals that did not follow these specifications. During one observed meal, the resident received chicken with skin and gravy despite the diet card prohibiting these items, and the resident reported that the previous evening’s dinner plate also contained a large amount of gravy. The resident stated they did not report the issue to staff because they did not want to complain and feared their meal would be delayed, demonstrating that the facility did not consistently honor the resident’s documented food preferences and restrictions.

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 Variety and Choice in Meal Substitutions
F
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

The facility failed to provide a variety of appealing meal substitutions in line with resident preferences and its own written menu standards. Although the alternate menu listed deli sandwiches, grilled cheese, chef salads, and bread, residents and staff consistently reported that only grilled cheese, and occasionally ham sandwiches without cheese, were offered when residents refused the main meal. Resident council leaders and multiple residents stated they had repeatedly complained about the lack of variety and the removal of prior options such as hamburgers and pizza, without any resolution. CNAs, an LPN, and an RN confirmed frequent resident complaints and the limited substitution choices, while dietary staff and the Food Service Manager acknowledged that budget-driven changes had reduced the alternate menu and that key salad ingredients like tomatoes and cucumbers were not routinely stocked, resulting in monotonous and restricted substitution offerings.

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 Document and Honor Resident Food Preferences
D
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

A resident with diabetes, heart failure, and HTN, who was cognitively intact and on a consistent carb, regular texture diet, repeatedly received oatmeal on meal trays despite stating multiple times that he did not like it. Review of the care plan and nutrition assessment showed no documented food preferences, and the daily menu for the resident lacked any notation of likes or dislikes, even though the facility’s policy and the DM’s process required recording such information on nutritional assessments and menus.

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 Honor Documented Food Dislike
D
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

Failure to Honor Documented Food Dislike: A resident with dementia and malnutrition had a documented dislike for breakfast sausage on the meal ticket, yet sausage was served on breakfast trays during two observations. The resident stated she did not eat breakfast sausage, and dietary staff and the ADM confirmed it should not have been served.

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 Honor Food Preferences and Follow Posted Menus
F
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

Two cognitively intact residents with documented food dislikes were repeatedly served items listed as dislikes and did not consistently receive alternate menu selections they ordered. One resident received beets despite this item being listed as a dislike and reported frequently having to request a peanut butter and jelly sandwich instead, while another resident with rice listed as a dislike reported receiving incorrect meals and that the menu was wrong on most days of a week. Surveyors also observed that the posted menu listed spiced pears, but residents were served mangoes with whipped topping, and a dietary aide stated that staff often prepared whatever food was on hand rather than what was on the menu. The Administrator acknowledged emerging dietary issues and confirmed that residents should not receive foods on their dislike/allergy lists and that served food should match the menu or be communicated if changed.

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 Honor Documented Food Allergies, Intolerances, and Preferences
D
F0806 F806: Ensure each resident receives and the facility provides food that accommodates resident allergies, intolerances, and preferences, as well as appealing options.
Short Summary

Failure to honor documented food allergies, intolerances, and preferences: Two residents were served foods listed as allergies or dislikes, including raw tomatoes, milk, tomatoes, and cucumbers. One resident’s chart also failed to include a documented raw tomato allergy, and lactose-free milk was not available on the unit drink cart despite being in the kitchen. The NHA and DON confirmed the transcription and meal service failures.

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.
Citation search

Search every citation & Plan of Correction

Go to search
Citation watch

Track new serious citations across California

Get a heads-up on the newest immediate-jeopardy (J–L) citations in California — where surveyors are focused right now.

Free · about one email a month

Trusted data from CMS and state health departments

Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release June 24, 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.

Get the Survey-Prep Report
An unhandled error has occurred. Reload 🗙