Expired Food Left in Resident Refrigerators
Summary
The facility failed to ensure expired food items were discarded from 2 of 38 sampled resident refrigerators, including those of Resident 151 and Resident 175. Resident 151 was admitted with diagnoses including epilepsy, pneumonia, dysphagia, type 2 diabetes mellitus, schizophrenia, and dementia. On 03/24/2026, R151’s refrigerator contained an opened 1.89-liter bottle of Lucerne reduced fat milk expired 03/19/26 and an unopened six-ounce container of Yoplait original strawberry cheesecake yogurt expired 02/25/26. A CNA confirmed the expired items and stated expired food would be discarded because it was inedible and could make the resident ill. An LPN confirmed the items remained in the refrigerator and stated staff on light duty were responsible for checking expiration dates and removing expired food items from resident refrigerators. Resident 175 was admitted with diagnoses including spina bifida with hydrocephalus, chronic respiratory failure with hypoxia, paraplegia, type 2 diabetes mellitus, and dysphagia. On 03/24/2026, R175’s refrigerator contained an opened bottle of French’s yellow mustard expired 02/10/2026, two opened bottles of tartar sauce expired 10/16/2024 and 10/18/2024, an opened bottle of ranch dressing expired 09/23/2025, an opened bottle of real mayo expired 02/27/2026, and two butterscotch pudding containers expired 03/16/2026. A CNA confirmed the expired items and stated CNAs were responsible for discarding expired items from resident refrigerators, but also said expired items were kept if they had no odor and would not be thrown out unless a nurse was notified. An LPN confirmed the expired items and stated they must be discarded. The DON later stated she was unsure of the expectation and process for expired foods in resident rooms. The facility policy stated foods brought by family or visitors were to be labeled with the resident’s name, current date, and use-by date, and items would be thrown out after 48 hours; unopened items followed the manufacturer’s use-by date.
Penalty
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