Improper Disposal of Garbage and Refuse
Summary
The facility failed to ensure the proper disposal of garbage and refuse in a sanitary manner, as observed during a survey. The facility's policy, dated August 2017, mandates that all garbage and refuse be collected and disposed of safely and efficiently, with coordination between the Dining Service Director and the Director of Maintenance to maintain cleanliness around the exterior dumpster area. However, during an observation, a large blue metal construction dumpster was found to contain garbage bags and multiple food boxes, emitting a foul smell and attracting insects. The maintenance director acknowledged that he had repeatedly informed the kitchen staff that the construction dumpster was designated solely for construction waste and not for kitchen garbage, which could attract rodents and insects. Despite his efforts, the issue persisted, and he noted that he was not present at the facility 24/7 to enforce compliance. The facility's Administrator was informed of these findings during an interview.
Plan Of Correction
Boca Circle Rehabilitation Center failed to ensure disposal of garbage and refuse in a sanitary manner. Actions Taken: 1) On the Director of Dietary corrected the deficient practice to ensure disposal of garbage and refuse was done in a sanitary manner. Others Identified: 2) The construction dumpster is set to be removed on . The garbage and refuse identified were disposed of in a sanitary manner on by the CDM. Measures Taken: 3) Dietary and Maintenance staff were re-educated on by Ellie Schutt, LNHA on ensuring disposal of garbage and refuse in a sanitary manner. Newly hired dietary and maintenance staff will receive this education during general orientation. Ongoing Monitoring: 4) The Dietary Manager/Designee will conduct audits 3x weekly to verify appropriate disposal of garbage and refuse x 4 weeks, then weekly x 4 weeks, and then every 2 weeks x 1 month. Audit results will be reviewed in Center QAPI meeting until substantial compliance has been met.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Improper Dumpster Waste Disposal: The dumpster area behind dietary was observed with one dumpster about 3/4 full, another dumpster door left open, and bags of garbage on the ground around both dumpsters. The DM, MS, and ADM gave differing accounts of who was responsible for the area, and the MS stated he had not yet reviewed the waste disposal policy. The facility policy required waste to be properly contained with lids or otherwise covered and disposal areas kept sanitary and free from pests.
Surveyors found that the dumpster area was not maintained in a clean and sanitary manner, with both dumpster lids left open, one side door open, and a pile of discarded gloves, straws, plastic bottles, and wrappers on the ground beside a dumpster. A dietary manager confirmed these conditions during the observation, and the issue was cited as a failure to properly dispose of garbage and refuse, with the potential to affect all residents.
The facility did not follow its own food safety and sanitation policies requiring trash to be contained in covered, leak-proof containers. During a kitchen walkthrough with the Director of Dining Services (DDS), a surveyor observed an uncovered trash can next to the juice machine and another uncovered trash can in the dish room. The DDS confirmed that these trash receptacles lacked lids, contrary to Healthcare Services Group (HCSG) policies that require the DDS to ensure appropriate lids are provided for all containers.
The facility failed to ensure proper garbage disposal by not keeping the dumpster lids closed. Surveyors observed open dumpster doors and surrounding litter, including used disposable gloves, used hairnets, and empty restaurant take-out containers. A dietary staff member reported that staff often did not close the dumpster doors after discarding trash, and the facility lacked a policy requiring the dumpster doors to remain closed.
Improper garbage handling was observed when a trash container in the food prep area was left uncovered while not in use, and the Dietary Supervisor stated it should have been kept closed to prevent cross-contamination. Surveyors also observed dark liquid spills around the dumpster, and the DS and MS stated the area should be kept clean and free of spills and trash; the facility policy required trash bins to be covered and the surrounding area kept clean.
Kitchen Trash Containers Left Open: Two large trash containers in the kitchen were observed uncovered and filled to capacity with open fruit cans, empty bottles, soiled paper towels, and wet meat bags. A DA stated trash containers must remain closed when not in use, and the RD and IPN stated open bins can attract pests and germs and increase cross contamination risk. The facility policy required waste to be placed in closable leak-proof containers and not allowed to overfill.
Improper Dumpster Waste Disposal
Penalty
Summary
The facility failed to dispose of garbage and refuse properly for 2 of 2 dumpsters (#1 and #2). During observation on 05/04/2026 at 10:21 a.m., the dumpster area behind the dietary department was found with a commercial-size dumpster about 3/4 full of garbage, dumpster #2 left open, and bags of garbage on the floor around dumpsters #1 and #2. The report states the area was not kept clean and waste was not properly contained in the dumpsters with lids or otherwise covered. During interviews, the DM stated that everyone in the facility was responsible for keeping the dumpster area clean and closing the door, and that all staff members were responsible for monitoring the task. The MS stated he and his assistant were responsible for keeping the dumpster area clean and closing the door, but said the task was overlooked and that he had not yet come across the waste disposal policy. The ADM stated maintenance personnel were responsible for keeping the dumpster area clean and closing the door, with the MS monitoring the task, and also stated she did not know why the area was littered with garbage or why the door was not closed. Record review of the facility policy titled Sanitation, revised November 2022, stated garbage and refuse containers are to be in good condition, waste properly contained in dumpsters/compactors with lids or otherwise covered, and garbage disposal areas maintained to prevent pests.
Unsanitary Dumpster Area and Improper Refuse Disposal
Penalty
Summary
Surveyors identified a deficiency related to improper disposal of garbage and refuse when they observed the facility’s dumpster area. During an observation conducted in the afternoon, both garbage dumpsters were found with their top lids open, and one dumpster also had its side door open. Additionally, there was a visible pile of discarded items, including gloves, straws, plastic bottles, and wrappers, on the ground beside one of the dumpsters. At the time of the observation, the Dietary Manager confirmed the condition of the dumpster area as seen by the surveyor. The deficiency was cited as a failure to maintain the dumpster area in a clean and sanitary manner, with the potential to affect all 73 residents in the facility, and was investigated under the specified complaint number.
Uncovered Trash Receptacles in Food Service Areas
Penalty
Summary
The facility failed to store, prepare, distribute, and serve food in accordance with professional food safety standards and did not follow proper sanitation practices for food preparation equipment, with the potential to affect all 60 residents. Healthcare Services Group (HCSG) Policy #28 requires all trash to be contained in covered, leak-proof containers to prevent cross-contamination, and HCSG Policy #30 requires the Dining Services Director to ensure appropriate lids are provided for all containers. During an initial kitchen walkthrough with the Director of Dining Services (DDS), the surveyor observed that the trash can beside the juice machine had no lid and that the trash can in the dish room also had no lid. The DDS confirmed both observations and acknowledged that there was no lid available for the dish room trash can.
Failure to Maintain Closed Dumpster and Proper Garbage Disposal
Penalty
Summary
The facility failed to dispose of garbage and refuse properly by not ensuring the dumpster lids were kept closed. During an initial kitchen tour, surveyors observed that both doors to the outside dumpster were open, and the surrounding ground was littered with used disposable gloves, used hairnets, empty restaurant take-out containers, and other unidentifiable objects. In a subsequent interview, a dietary staff member stated that staff often did not close the dumpster doors after disposing of trash, despite this being required. Record review further showed that the facility did not have a policy addressing the requirement to keep the dumpster doors closed.
Improper Garbage Storage and Unsanitary Dumpster Area
Penalty
Summary
Garbage and refuse were not properly disposed of in the dietary area when a trash container by the preparation area was observed not to be covered while it was not actively in use. During the observation, the Dietary Supervisor confirmed that the trash can should have been kept closed with a lid to prevent cross-contamination and stated that none of the staff were using it at the time. The Dietary Supervisor also stated that the container should be covered because it could attract flies that may contaminate residents' food and potentially cause foodborne illness. In a separate observation, dark liquid spills were seen on the ground surrounding the dumpster. The Dietary Supervisor stated the substance was unknown and could be anything, and the Maintenance Supervisor stated the area was only cleaned with brooms. Both the Dietary Supervisor and Maintenance Supervisor stated the surrounding dumpster area should be kept clean and free of spills and trash, and the facility policy indicated that outside garbage bins should be kept closed at all times and the surrounding area kept clean.
Kitchen Trash Containers Left Open
Penalty
Summary
The facility failed to ensure two large trash containers in the kitchen were maintained in a closed position. During observations on 4/20/2026 at 8:15 a.m. and 12:02 p.m., two uncovered trash containers were seen in the kitchen and were filled to capacity with open fruit cans, empty bottles, soiled paper towels, and wet meat bags. During a concurrent observation and interview on 4/20/2026 at 12:06 p.m., a Dietary Aide stated kitchen trash containers must remain closed when not in use at all times to prevent pests and keep the facility safe. The RD later stated that open trash cans in the kitchen could attract pests, promote bacterial growth, and increase the risk of cross contamination that could lead to foodborne illness among residents with low immune systems. The IPN also stated trash bins must stay closed at all times to prevent pests and germs. The facility policy titled Waste Disposal indicated regulated waste disposal shall be placed in closable leak proof containers and that waste containers should be replaced routinely and not allowed to overfill.
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