Failure to Provide Daily Yogurt per Resident Dietary Preference
Penalty
Summary
The facility failed to provide a resident with yogurt at breakfast in accordance with the resident’s documented dietary preferences and the facility’s own policy on accommodating such preferences. The resident had a diagnosis of osteoporosis listed on the Facesheet and, per a Dietary Progress Note dated 5/19/23, preferred milk and yogurt with meals. The resident’s breakfast tray ticket for 1/12/26 specified that the resident was to receive plain yogurt daily. On the morning of 1/12/26, surveyors observed a case of six bulk 5‑pound tubs of yogurt in the walk‑in cooler, with five unopened and one opened, and the Interim Food Service Director stated that one case of yogurt typically lasts about a week and that yogurt is an item residents must request to receive. Despite the availability of yogurt and the tray ticket instruction, the resident did not receive yogurt with breakfast on 1/12/26. The resident reported having started ordering yogurt at all meals to encourage optimal calcium levels after being diagnosed with osteoporosis and stated that staff told them the facility was out of yogurt and waiting on a shipment. The resident also stated that most, if not all, kitchen staff knew of their preference for yogurt. A Dietary Aide later confirmed that the resident was supposed to receive yogurt daily, that tray tickets list requested or daily items, and that dietary aides on the tray line are responsible for dishing yogurt into bowls for resident trays. The facility’s written policy dated 10/30/25 states that the facility will make every reasonable effort to accommodate each resident’s personal dietary preferences while meeting nutritional requirements, which did not occur in this instance.
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