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 Lunch Before Appointment

Wilmington Nursing & Rehabilitation CenterWilmington, Delaware Survey Completed on 05-11-2026

Summary

The facility failed to ensure that one resident was given the right to self-determination through support of resident choice when the resident was not provided an early lunch tray or a bagged lunch before an afternoon neurosurgeon appointment until the surveyor intervened. The resident had been re-admitted with diagnoses including a neck fracture, and the quarterly MDS documented a BIMS score of 5 indicating severe cognitive impairment, while also noting adequate hearing and vision, clear speech, and independence with eating. The resident’s appointment was documented in the clinical record, and during observation in the dining room, staff were seen passing lunch trays to residents while the resident was present in a wheelchair. A CNA told the resident that the food tray was not there and that lunch would be eaten later after returning from the appointment. An LPN stated that the resident would eat lunch when returning from the 1:30 PM appointment and initially said no bagged lunch had been brought. After the surveyor stated it would be past lunch time when the resident returned, the LPN said she would try to ask the kitchen for a bagged lunch. The LPN then asked the resident whether he wanted a quick lunch in the dining room or a bagged lunch to take, and the resident chose a bagged lunch and requested soda in it. The resident’s father stated he appreciated that a bagged lunch was offered and said they did not want to miss the appointment even if lunch would be served late.

Penalty

Inspection fine: $191,981
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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 Promote Resident Self-Determination
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 Promote Resident Self-Determination: A resident with CVA, DM2, and difficulty walking had blue mats left on the floor while out of bed, blocking access to the refrigerator. The resident stated he could not reach his pop and yogurt, while an NA, an LPN, and the ADON all stated the mats should be moved out of the way when the resident was not in bed and that he was able to self-propel to the refrigerator.

No penalty information released
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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.
Resident Denied Requested Shower
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 a spinal fracture and dependence for bathing was scheduled for showers twice weekly, but she reported receiving only bed baths since admission despite wanting showers. Staff gave conflicting accounts about shower access and assistance, and one NA stated he did not provide a shower because it was too much work and required extra help, while the DON and Administrator stated the resident should have received a shower if she wanted one.

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 Residents’ Bathing Preferences
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 Honor Bathing Preferences: Two residents did not receive the showers they preferred and were scheduled for, and instead were given bed baths without documentation of shower refusal. One resident with fx of the L femur, DM, and muscle weakness stated he had not received a shower since admission, while another resident with dementia, anxiety, muscle weakness, and depression had only received bed baths despite a stated preference for showers. Staff and the DON confirmed showers were to be offered first and refusals documented, but no refusal documentation was found.

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 Nighttime Intoxication and Disruptive Behavior Woke Other Residents
E
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 alcohol dependence, severe cognitive impairment, and repeated intoxication was frequently loud, cursing, argumentative, and disruptive during overnight hours, waking other residents who said they wanted to sleep through the night. EHR entries and staff interviews showed he often returned late at night intoxicated, refused redirection, played loud music, and yelled at the nurses’ station, while staff reported they could not get him to stop and often left him be if he was not hurting himself or others.

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 Resident Bathing Preferences
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 honor a resident’s bathing preference. A resident with acute and chronic respiratory failure, chronic diastolic failure, cerebral infarction, and weakness had a documented preference for showers and required substantial to maximal assistance with bathing. Despite this, the shower log showed bed baths were provided instead of showers on multiple occasions, and the RDON confirmed the resident had not received the preferred showers.

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 Resident Choice for Getting Out of Bed
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 intact cognition and total ADL dependence was not assisted out of bed for 3 consecutive days despite requesting his usual morning routine. NA staff and a nurse confirmed the resident remained in bed because of staffing call outs and a lack of 2 staff needed for a mechanical lift transfer, and the resident said he was frustrated at being stuck in bed.

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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