Failure to Follow Prescribed Diet Leads to Choking Incident
Summary
The facility failed to ensure that a resident on a prescribed dysphagia mechanical soft consistency diet was provided with the appropriate food texture, leading to a serious choking incident. The resident, who had a history of Parkinson's disease, dysphagia, and other medical conditions, was allowed to consume a peanut butter and jelly sandwich, which was not suitable for her dietary needs. This oversight occurred when a Certified Nursing Assistant (CNA) left a tray of snacks, including the sandwich, unattended in the dayroom, and the resident, known for grabbing food from others, took the sandwich and began to eat it. The CNA, aware of the resident's dietary restrictions, mistakenly believed the sandwich was soft enough for the resident to consume because she had seen her eat bread before. However, the resident began to choke on the sandwich, leading to a severe medical emergency. The resident was found unresponsive with a low oxygen saturation level, and despite attempts to administer the Heimlich maneuver and suction food from her airway, she required emergency medical intervention. Paramedics were called, and the resident was transported to the hospital, where she was admitted to the Intensive Care Unit with acute respiratory failure due to hypoxia. The incident highlighted a critical lapse in following prescribed dietary orders and ensuring staff were adequately trained and knowledgeable about the specific dietary needs of residents. The CNA involved had not received proper education on the types of foods appropriate for a dysphagia mechanical soft diet, which contributed to the resident's choking incident. The facility's failure to adhere to the resident's dietary requirements resulted in substandard quality of care at the Immediate Jeopardy level.
Removal Plan
- CNA A received a teachable moment regarding appropriate snacks according to diet texture with the DON.
- An Ad Hoc Quality Assurance Performance Improvement (QAPI) meeting was convened to review the action plan. The Medical Director reviewed and approved the plan.
- The RD completed a quality review on residents diet orders and validated with the CDM against the kitchen's meal ticket identifiers to ensure that diets were being served as prescribed. Orders were clarified as needed.
- Resident diet orders were posted in pantry rooms and dining rooms. Print outs listing approved snacks for regular texture, dysphagia advanced, dysphagia mechanical soft, and dysphagia pureed were posted to dining rooms, nursing stations, and med carts. The CDM validated that snacks were delivered to the secured pantry.
- Education for staff started and continued. They educated staff on appropriate snacks based on resident diet texture order and the procedure to validate the resident's diet order if needed. Training also included Abuse/Neglect training and supervision during snack pass. Newly hired staff would receive education during orientation regarding appropriate snacks to be offered based on diet texture orders.
- The CDM completed 100% training with dietary staff regarding meal ticket accuracy and procedures for snacks. New diet orders would be reviewed during morning clinical meeting.
- Unit Managers began weekly audits to ensure appropriate snacks were being passed, meal tickets matched what was being served, and staff was able to verbalize where to find correct diet information. Audits were done with no discrepancies noted.
- A facility wide quality review was begun by Speech Language Pathologist to verify that residents with dysphagia diagnosis were on the correct texture diets. The audit was completed with no discrepancies noted.
- Resident #1 returned to the facility from the hospital with diet texture downgraded to puree. Orders and care plans were updated accordingly to reflect the texture change. The RD followed up with resident #1 with no new recommendations.
- NHA and Interdisciplinary Team (IDT), including Medical Director, met for monthly QAPI meeting and to review the progress made. They determined that all plans that had been put in place were effective.
- The RD completed the second quality review to ensure diet orders in the electronic medical record matched the meal tracker. There were no issues noted.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to monitor weight and individualize nutrition care plans: one resident did not have a required monthly weight recorded, despite facility policy requiring monthly weights by the 7th day of each month, and two residents had care plans that did not reflect their specific nutritional needs. One resident had dx including HTN, PVD, and a thyroid disorder with orders for a renal diet, mechanical soft texture, and Magic Cup BID, while another resident had documented significant wt loss, a regular lactose-free diet, and nutritional juice with meals. Staff confirmed the missing weight and the lack of individualized care plan interventions.
A resident with dementia, malnutrition, anemia, CKD3, and other comorbidities was care planned as at risk for nutritional decline and dehydration, with weekly weights and RD review ordered. An RD later documented poor PO intake averaging about 31%, fluid intake around 612 ml with meals, and no routine supplements in place, and recommended starting 2 oz Med Pass BID between meals with nursing to document consumption. No Med Pass order was entered into the EMR, and the resident did not receive the supplement, while experiencing a 10‑lb (6.8%) weight loss over several months. Interviews showed the RD typically communicated recommendations via email and NAR meetings, but NAR meetings had not been held consistently and no email or other system ensured the recommendation was received or implemented; requested policies on RD recommendations/supplement orders and weight loss were not provided.
Failure to monitor weights and provide ordered nutritional supplements. A resident who appeared thin and reported poor appetite after a hospital stay had a 15.8% weight loss over 6 months, yet no weekly weights were documented despite an RD order. The Dietary Manager stated the resident had orders for supplements TID and liquid protein, but none were present on the meal tray, and the resident did not recall receiving supplements with meals.
A resident with severe cognitive impairment, dysphagia, and total dependence for eating experienced a marked decline in PO intake and an 8.1% weight loss in one month. The RD documented poor meal intake (0–25% for most meals), reduced fluid intake, identified the resident as at risk for malnutrition, and recommended a reweigh and weekly weights. Despite facility policy requiring reweigh and physician notification for significant weight variance, staff did not perform a reweigh, did not obtain a November weight, and did not document provider notification. The resident was later hospitalized with poor PO intake noted and subsequently required PEG placement.
Failure to Verify Significant Weight Changes: A resident had multiple significant weight changes recorded without the required reweights for confirmation. The chart showed a large loss, then a gain, then another loss, but staff did not verify the accuracy of the weights as required by facility policy. An E4 confirmed the weights were not being checked for accuracy.
Two residents with dysphagia and complex nutritional needs experienced significant weight loss, but staff did not promptly notify the physician or implement timely interventions. One resident with Type 2 DM lost over 7% of body weight within a month without documented physician notification or immediate adjustment of nutritional supplements. Another resident was not weighed on readmission, showed a nearly 10% loss when first weighed, and had inconsistent administration of ordered supplements due to unavailability and later discontinuation, despite documented severe malnutrition and high nutrition risk. The RD confirmed that physicians were not notified when the significant weight losses were identified and that interventions were delayed.
Failure to Monitor Weight and Individualize Nutrition Care Plans
Penalty
Summary
The facility failed to properly monitor weight and nutrition status for two residents. For one resident, no monthly weight was recorded for April 2026, even though the facility policy required monthly weights to be obtained by the 7th day of each month and documented in the electronic medical record. That resident’s record showed diagnoses of high blood pressure, PVD, and a thyroid disorder, and the physician had ordered a renal diet, mechanical soft ground meat texture with a low fat diet for low protein, and Magic Cup twice daily for additional nutrition. A nurse aide confirmed that the monthly weight was not obtained. The facility also failed to individualize care plans to address resident-specific nutritional concerns for two residents. For one resident, the care plan identified potential nutritional problems related to dysphagia and the need for a mechanically altered and therapeutic diet, but it did not include resident-specific interventions for the ordered renal diet, mechanical soft diet, or supplements. For the second resident, the MDS indicated a 5% or greater weight loss in the last month or 10% or greater in 6 months, and the resident was not on a physician-prescribed weight loss regimen. That resident had orders for a regular lactose-free diet and nutritional juice with meals, but the care plan only included a general intervention to serve the diet as ordered and did not address the weight loss or the ordered diet and supplement needs. An RNAC confirmed the care plans were not individualized for these nutritional concerns.
Failure to Implement RD Supplement Recommendation for Resident With Weight Loss
Penalty
Summary
The facility failed to implement a registered dietician’s (RD) recommendation to address gradual weight loss for one resident. The resident was admitted with dementia with behavioral disturbance, malnutrition, anemia, osteoporosis, B vitamin deficiency, history of alcohol abuse, peripheral vascular disease, hypertension, and stage 3 chronic kidney disease. Her care plan identified her as at risk for nutritional decline and dehydration or potential fluid deficit, with approaches including weekly weights, completion of a Mini Nutritional Assessment, provision of meals per physician diet order with intake documentation, and RD review as indicated. A quarterly MDS showed severely impaired cognition, risk for pressure ulcers, receipt of a therapeutic diet, and a need for set-up or clean-up assistance with eating. On a nutritional review, the RD documented that the resident’s average intake was about 31%, average fluid intake with meals was about 612 ml, and that there were no routine supplements in place, although the RD felt she would benefit from additional support. The RD recommended initiating 2 oz Med Pass BID between meals and directed nursing to document the amount consumed. However, there was no corresponding Med Pass order in the EMR, and the resident did not receive the supplement. The resident experienced a 10‑lb (6.8%) weight loss over four months, with a low of 128.4 lbs. Interviews revealed that the RD expected recommendations to be implemented within 48 hours and typically communicated them via email to nursing and through Nutrition At Risk (NAR) meetings, but there had been no consistent NAR meetings and no email or other system in place to ensure the RD’s recommendation for Med Pass was communicated and implemented. Requested policies on RD recommendations/supplement orders and weight loss were not provided before survey exit.
Failure to Monitor Weights and Nutritional Supplements
Penalty
Summary
The facility failed to monitor weights for a resident who had significant weight loss and orders for nutritional support. The resident was observed eating breakfast and appeared thin, and she stated that since returning from the hospital she had not had much of an appetite but was trying to eat. No supplements were present on her meal tray at the time of the observation, even though the Dietary Manager later stated the resident had orders for nutritional supplements three times per day and liquid protein supplements for nutritional needs. Record review showed the resident weighed 172.2 pounds and later weighed 145 pounds, reflecting a 15.8% weight loss over 6 months. The resident was also supposed to receive weekly weights per the Registered Dietitian’s order, but no weekly weights were documented in the medical record. The Dietary Manager acknowledged the resident had been hospitalized and had lost a lot of weight, and an LPN confirmed that the ordered weekly weights were not done, stating that a restorative CNA was responsible for taking and documenting resident weights.
Failure to Reweigh and Notify Provider After Significant Weight Loss and Poor Intake
Penalty
Summary
The deficiency involves the facility’s failure to adequately monitor and respond to a resident’s declining nutritional intake and significant weight loss, and to report these changes to the physician. The resident was an elderly female long‑term resident with a history of stroke with right‑sided paralysis, aphasia, oropharyngeal dysphagia, behavioral disturbance, seizures, constipation, and dementia, with severe cognitive impairment (BIMS 99) and total dependence on staff for eating. A nutrition evaluation dated 12/03/25 documented that she was on a modified texture diet with small portions, consuming approximately 75% of meals, receiving 2 Cal HN 237 ml TID, and taking 120–480 ml fluids per meal, with a weight of 171.6 lbs on 10/15/25 and an assessment that oral intake was adequate. However, a subsequent Resident at Risk Review dated 01/17/26 showed a weight of 160.4 lbs on 01/07/26 (mechanical lift), with prior weights of 175.6 lbs on 12/11/25, 171.6 lbs on 10/15/25, and 162.2 lbs on 07/06, indicating a 15.2 lb (8.1%) loss in one month and a significant change. During this period, the resident’s food intake declined to 0–25% for the majority of meals, fluid intake was 151–240 ml per meal, and she was identified as at risk for malnutrition, with oral nutritional supplements noted as her primary source of intake. The registered dietitian documented the significant weight loss, identified the resident as at risk for malnutrition, and recommended a reweigh to confirm the loss and initiation of weekly weights, noting that the weight loss had not been confirmed by reweigh. The RD also confirmed during interview that there was a documented trend of decreased intake and that she had made recommendations for reweigh and weekly weights but was unsure how these recommendations would be communicated to staff for implementation. The unit manager stated that residents are weighed monthly, that policy requires a reweigh when there is significant weight loss, and that the CNAs should perform the reweigh and the dietician and provider should be notified. He confirmed that no reweigh was done and there was no documentation of provider notification. Review of the Weights and Vitals Summary showed no November 2025 weight and no reweigh to verify the January 2026 weight, despite facility policy requiring reweigh and physician notification when there is a 5‑lb or more variance and confirmed significant variance. The hospital discharge summary later documented poor oral intake and inconsistent desire to feed prior to hospitalization, and the resident was ultimately diagnosed with severe hypernatremia and had a PEG tube placed.
Failure to Verify Significant Weight Changes
Penalty
Summary
The facility failed to obtain accurate weights and verify weights to maintain acceptable nutritional status for one resident. Facility policy required any weight change of 5% or more since the last weight assessment to be retaken the next day for confirmation. Resident 31 had a weight of 131.0 pounds on December 2, 2025, and then 111.0 pounds on January 8, 2026, a loss of 20 pounds or 15.3%, but no reweight was obtained. The resident was later recorded at 113.0 pounds on January 15, 2026, and 125.0 pounds on January 20, 2026, a gain of 14 pounds or 12.6%, again with no reweight obtained. The next recorded weight was 116.0 pounds on February 3, 2026, a loss of 9 pounds or 7.2%, and no reweight was obtained. An interview with Employee E4 on April 23, 2026, confirmed that the resident's weights were not being verified for accuracy.
Failure to Notify Physician and Implement Timely Interventions for Significant Weight Loss
Penalty
Summary
The deficiency involves the facility’s failure to ensure timely recognition and response to significant weight loss for two residents, including lack of physician notification and delayed nutritional interventions. One resident with diagnoses of dysphagia, oropharyngeal phase, and Type 2 DM had a documented weight of 151.9 pounds in early December and 140.9 pounds in early January, representing a 7.2% weight loss in 27 days. Despite this significant weight loss, there was no documented evidence that the physician was notified at the time the loss was identified, and no intervention was documented until early March, when the resident’s Boost Breeze supplement was increased from twice daily to three times daily. For the second resident, who also had dysphagia, oropharyngeal phase, the facility used a hospital weight of 88 pounds at readmission and did not obtain an actual weight on the day of readmission. The first in‑facility weight, taken three days later, was 79.5 pounds, reflecting a 9.7% loss from the hospital weight in three days. There was no documented evidence that the physician was notified of this significant weight loss when it was identified. The RD’s nutritional monitoring note several days later documented the weight decline, underweight BMI, variable oral intake, pureed diet with thin liquids, and ordered supplements (Boost BID and Magic Cup daily) to support caloric intake, and identified the resident as at high nutritional risk with a diagnosis of severe malnutrition. Record review of the second resident’s MAR showed that the ordered supplements were not consistently provided. The Magic Cup was not administered on multiple mornings due to “drug/item unavailable,” and Boost 8 oz BID was also not administered on several dates for the same reason. The RD later confirmed that the supplements were discontinued due to the resident’s refusal. The RD also confirmed that for both residents, the physicians were not notified of the significant weight losses and that interventions were not put in place at the time the weight losses were identified. The facility therefore did not ensure timely physician notification and implementation of interventions in response to significant weight loss for these residents.
Plan Of Correction
F 06921. On 4/30/26 the MD was made aware of significant weight losses for R 27 and R 83. Dietitian reviewed R 27 and R83, all interventions reviewed and approved by MD. 2. All resident who have experienced significant weight loss have the potential to be affected, the Dietitian/designee completed a 30 day look back to ensure that all identified significant weight losses had and intervention in place and both weight loss and intervention had been notified to the MD and were reflected in the EHR. Where applicable the notification was completed. 3. To prevent the potential for reoccurrence, the NHA/designee re-educated the IDT team on the facility weight process with an emphasis on timely provider notification of significant weight loss and implementation of interventions. 4. To monitor and maintain ongoing compliance, the DON/designee will audit residents' weights x 4 weeks, then monthly x2 to ensure any significant weight loss is communicated in a timely manner to the MD with an intervention and documented in the HER. The results of the audit will be forwarded to the facility QAPI committee monthly for further review and recommendations as needed.
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