F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
D

Failure to Follow Policy for Reheating Outside Food

Gardens Nursing And Rehab CenterMiami, Florida Survey Completed on 06-27-2025

Summary

The facility failed to follow its own policy regarding the reheating of food brought in by family or visitors for one resident. Observation revealed that the resident, who was seated in her wheelchair at the bedside, reported a disagreement with the dietary manager after her food was burnt when staff previously warmed it in the kitchen. As a result, the dietary manager refused to warm her food in the kitchen. The resident further explained that microwaves had been removed from each floor and that residents were required to have outside food warmed in the kitchen. Interview with the dietary manager confirmed that there were no microwaves available for residents and that staff were not permitted to reheat outside food, a longstanding policy despite multiple resident complaints. Review of the facility's policy indicated that only dietary staff are allowed to reheat outside food to prevent injury.

Plan Of Correction

1) What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice: Resident Council Meeting to be held 7/2/2025 to review the policy r/t Food Brought in from Outside Visitors/Family. A copy of the Food Brought in from Outside Visitors/Family policy was placed in the admission packet by the ED 7/23/2025 and will be reviewed with new admissions, re-admissions and/or the resident representative as part of the admission process. Resident #13 grievance initiated and resolved 6/26/2025. Resident #13 educated on the policy r/t Food Brought in from Outside Visitors/Family by the ED 6/26/2025. How you will identify other residents having potential to be affected by the same practice and what corrective actions will be taken: Quality review of grievances received over the last 30 days from residents/visitors and/or staff with concerns related to not being able to have their food re-heated to be completed by the ED 7/31/2025. (3) What measures will be put into place or what systematic changes you will make to ensure that the practice does not recur: Current facility staff re-educated by the ED/designee on the components of this regulation and the policy titled "Food Brought in from Outside Visitors/Family" to be completed by 7/31/2025. (4) How the corrective action(s) will be monitored to ensure the practice will not recur, i.e., what quality assurance program will be put in place: The ED/designee to conduct ongoing quality monitoring through morning meeting r/t grievances regarding food not being able to be re-heated to ensure residents/visitors and staff have been provided education on the policy titled "Food Brought in from Outside Visitors/Family" 2 x weekly x 4 weeks, weekly x 2 weeks then twice monthly and PRN as indicated. The findings of these quality reviews will be reported to the Quality Assurance/Performance Improvement Committee monthly x 2 months or until substantial compliance is met then quarterly ongoing. Schedule to be modified PRN based on findings.

Penalty

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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0813 citations
Personal Refrigerator Food Storage and Temperature Monitoring Deficiency
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Personal refrigerator food storage and temperature monitoring were not maintained for several resident rooms. Multiple refrigerators contained assorted food items, including dairy, condiments, sausages, and beverages, while no temp logs were found and internal temps were documented above the required range in some rooms. The ADM, DON, and DM stated residents or families were generally responsible for cleaning and maintaining the refrigerators, but there was no assigned daily staff task or log for monitoring temps or expired food.

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.
Inconsistent Storage of Food Brought in for Residents
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility failed to ensure safe and sanitary storage and consumption of food brought in by family and visitors. Staff gave inconsistent answers about how long such food could remain in the nourishment refrigerator, while the facility policy stated that items without a manufacturer expiration date must be dated on arrival and discarded 2 days later.

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.
No Designated Refrigerator for Food Brought in by Family or Visitors
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

No Designated Refrigerator for Food Brought in by Family or Visitors: The facility failed to follow its policy when it did not have a designated refrigerator for residents’ food brought in by family or visitors. CNAs were unsure where such food should be stored, the AA was unaware it could be stored in the activities refrigerator, and the DON confirmed the facility did not have a designated refrigerator despite the policy stating perishable outside food may be stored in designated unit refrigerators.

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 Monitor and Label Food in a Resident’s Personal Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident with intact cognition and multiple medical diagnoses had a personal refrigerator containing an unlabeled, undated container with visibly spoiled contents, which remained in place on repeat observation. The resident reported storing snacks but was unaware of the requirement to date items and did not know about the container. The assigned CNA and LVN both confirmed the presence of the unlabeled, undated food and gave differing or incomplete understandings of responsibility for checking personal refrigerators, while the DON stated that all staff, overseen by charge nurses, were responsible for weekly monitoring and for ensuring perishable items in residents’ refrigerators were labeled and dated per facility policy.

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.
Personal Refrigerator Not Maintained at Safe Temperature
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Personal Refrigerator Not Maintained at Safe Temperature: A resident with Parkinson's disease and dementia kept meals in her room and had a personal refrigerator that was not cool on observation. Staff found the refrigerator at 48.9 degrees with no thermometer or temperature log, while the DON stated residents monitor their own refrigerators and nursing should help with the contents. The facility policy stated the refrigerator compartment should be maintained at 35-41 degrees.

Fine: $51,756
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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.
Failure to Perform Daily Temperature Monitoring of Residents’ Personal Refrigerators
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility failed to follow its policy requiring daily temperature monitoring and documentation for residents’ personal in-room refrigerators and freezers used to store food brought by families and visitors. Several residents with multiple chronic conditions and varying cognitive status had personal refrigerators containing perishable items such as milk and ice cream, but temperature logs showed entries on only some days, with gaps where no temperatures were recorded. Although observed temperatures were within acceptable ranges at the time of survey, logs for multiple refrigerators were incomplete, and staff interviews revealed confusion over which department was responsible for daily temperature checks and that existing rounding tools did not instruct staff to verify refrigerator and freezer temperatures as required by policy.

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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