Finding Description
Based on observations, record review, and interviews during the recertification survey, the facility failed to ensure each resident received adequate supervision to prevent accidents for one (1) of five (5) residents(Resident #36) reviewed. Specifically, Resident #36 had dysphagia (difficulty swallowing) and was not supervised during meals as ordered.Findings include: The facility policy Daily Routine, Care of Resident, revised 11/2024, documented meals would be served to each resident. Verbal, physical encouragement, and/or assistance was given as needed per resident preference and plan of care.
Resident #36 had diagnoses including dysphagia. The 12/16/2025 Minimum Data Set assessment documented the resident had severely impaired cognition, required set up assistance for eating and did not have a swallowing disorder.
The 06/08/2022 physician order documented a regular diet; supervision with meals; cut meat into small pieces, encourage small bites, slow rate, and alteration of solids/liquids.
The 06/08/2022 Comprehensive Care Plan documented a potential for alteration in nutrition and respiratory status due to impaired ability to swallow related to oral pharyngeal dysphagia. Interventions included encourage small bites, slow rate, and alteration of solids/liquids; regular textures; cut meat into small bites/pieces; thin liquids; and upright position as tolerated. The care plan did not include supervision at meals.
The undated care instructions documented the resident required setup or clean-up assistance at meals and did not include the need for supervision.
The 08/06/2025 Speech Language Pathologist #1 evaluation and plan of care documented a recommendation for supervision with meals; meat cut into small pieces; and encouragement of small bites, a slow rate, and alternation of solids/liquids.
The 02/17/2026 lunch meal tickets documented supervision with meals.
During an observation on 02/17/2026 at 12:19 PM, Resident #36 was eating their lunch alone in their room. At 12:23 PM, Certified Nurse Aide #3 entered the room to ask the resident if they needed anything, then exited the room.
The 02/19/2026 lunch meal ticket documented supervision with meals.
During an observation on 02/19/2026, Certified Nurse Aide #3 delivered Resident #36's lunch tray at 12:42 PM and exited the room, leaving the resident alone to eat. At 12:50 PM, the resident consumed most of their meal. The tray was removed from the room at 1:09 PM. No staff were observed entering the resident's room between 12:42 PM and 01:09 PM.
During an interview on 02/20/2026 at 01:31 PM, Certified Nurse Aide #3 stated the level of assistance a resident needed was on their care plan; it was their responsibility to make sure items on the tray matched the meal ticket; and if the ticket documented supervision with meals, then someone had to keep an eye on the resident while they ate. They stated they passed Resident #36's lunch trays on 02/17/2026 and 02/19/2026 and did not stay in the room while the resident ate and they should have. The resident preferred to eat lunch in their room and had been doing so for a while, so they thought the lack of supervision was an oversight.
During an interview on 02/20/2026 at 12:31 PM, Speech Language Pathologist #1 stated they recommended Resident #36 be supervised during meals on 08/06/2025. They were not aware the resident ate lunch alone in their room. Staff should provide supervision in the resident's room. They expected their recommendations to be followed.
During an interview on 02/20/2026 at 1:22 PM, Licensed Practical Nurse #2 stated the level of assistance needed with eating was in the resident's care plan. It was the responsibility of the person passing the meal tray to check the meal ticket to ensure all instructions, including supervision, were followed. Supervision meant the resident should be watched during their entire meal. On the days Resident #36 ate in their room, staff should stay with them.
During an interview on 02/23/2026 at 9:48 AM, Registered Nurse Unit Manager #4 stated anyone who passed a meal tray was responsible for looking at the meal ticket and if it said supervision with meals, then supervision should be provided. If a resident preferred to eat in their room, then someone should be assigned to stay in their room with them while they ate. They were not aware Resident #36 ate alone in their room last week. If they knew they would have followed up to make sure someone was present with the resident when they ate in their room. If there was an order for supervision, then someone should supervise the resident to keep them safe.
10 New York Codes, Rules and Regulations 415.12 (h)
Resident #36 had diagnoses including dysphagia. The 12/16/2025 Minimum Data Set assessment documented the resident had severely impaired cognition, required set up assistance for eating and did not have a swallowing disorder.
The 06/08/2022 physician order documented a regular diet; supervision with meals; cut meat into small pieces, encourage small bites, slow rate, and alteration of solids/liquids.
The 06/08/2022 Comprehensive Care Plan documented a potential for alteration in nutrition and respiratory status due to impaired ability to swallow related to oral pharyngeal dysphagia. Interventions included encourage small bites, slow rate, and alteration of solids/liquids; regular textures; cut meat into small bites/pieces; thin liquids; and upright position as tolerated. The care plan did not include supervision at meals.
The undated care instructions documented the resident required setup or clean-up assistance at meals and did not include the need for supervision.
The 08/06/2025 Speech Language Pathologist #1 evaluation and plan of care documented a recommendation for supervision with meals; meat cut into small pieces; and encouragement of small bites, a slow rate, and alternation of solids/liquids.
The 02/17/2026 lunch meal tickets documented supervision with meals.
During an observation on 02/17/2026 at 12:19 PM, Resident #36 was eating their lunch alone in their room. At 12:23 PM, Certified Nurse Aide #3 entered the room to ask the resident if they needed anything, then exited the room.
The 02/19/2026 lunch meal ticket documented supervision with meals.
During an observation on 02/19/2026, Certified Nurse Aide #3 delivered Resident #36's lunch tray at 12:42 PM and exited the room, leaving the resident alone to eat. At 12:50 PM, the resident consumed most of their meal. The tray was removed from the room at 1:09 PM. No staff were observed entering the resident's room between 12:42 PM and 01:09 PM.
During an interview on 02/20/2026 at 01:31 PM, Certified Nurse Aide #3 stated the level of assistance a resident needed was on their care plan; it was their responsibility to make sure items on the tray matched the meal ticket; and if the ticket documented supervision with meals, then someone had to keep an eye on the resident while they ate. They stated they passed Resident #36's lunch trays on 02/17/2026 and 02/19/2026 and did not stay in the room while the resident ate and they should have. The resident preferred to eat lunch in their room and had been doing so for a while, so they thought the lack of supervision was an oversight.
During an interview on 02/20/2026 at 12:31 PM, Speech Language Pathologist #1 stated they recommended Resident #36 be supervised during meals on 08/06/2025. They were not aware the resident ate lunch alone in their room. Staff should provide supervision in the resident's room. They expected their recommendations to be followed.
During an interview on 02/20/2026 at 1:22 PM, Licensed Practical Nurse #2 stated the level of assistance needed with eating was in the resident's care plan. It was the responsibility of the person passing the meal tray to check the meal ticket to ensure all instructions, including supervision, were followed. Supervision meant the resident should be watched during their entire meal. On the days Resident #36 ate in their room, staff should stay with them.
During an interview on 02/23/2026 at 9:48 AM, Registered Nurse Unit Manager #4 stated anyone who passed a meal tray was responsible for looking at the meal ticket and if it said supervision with meals, then supervision should be provided. If a resident preferred to eat in their room, then someone should be assigned to stay in their room with them while they ate. They were not aware Resident #36 ate alone in their room last week. If they knew they would have followed up to make sure someone was present with the resident when they ate in their room. If there was an order for supervision, then someone should supervise the resident to keep them safe.
10 New York Codes, Rules and Regulations 415.12 (h)