F 0600
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
Based on interview and record review, the facility failed to provide a safe environment and ensure one of
three sampled residents (Resident 1) was free from verbal abuse by a staff member, by failing to ensure the
facility's staff (FS 1), was not raising his voice, arguing with Resident 1, and calling the resident
inappropriate names.
This failure had the potential for Resident 1 to be fearful and to negatively affect her psychosocial
well-being.
Findings:
A review of the admission record indicated the facility admitted Resident 1 with multiple diagnoses,
including herpes viral encephalitis (a neurological disorder characterized by inflammation of the brain,
which can lead to mental confusion) and depression.
A review of Resident 1's ' Incident Note,' dated 10/19/23, at 11:06 a.m., indicated, Nursing staff reported to
Administrator, witnessed incident between resident [Resident 1] and another staff member .Resident [1]
saw staff member's lunch bag .opened lunch bag and took a bag of chips .and started to eat them .At 11:06
[a.m.] Staff member [FS 1] saw that his lunch bag had been opened and saw Resident [1] was holding the
chips from his lunch box and was eating them. Per CNA [Certified Nursing Assistant], male staff member
[FS 1] raised his voice and stated She [Resident 1] knows exactly what she's doing, she probably thinks
this is a five-finger discount .Resident .with confusion per her norm [sic] .resident did not recall above
incident .Offered activities .resident chooses not to participate at this time. The incident note further
indicated that Resident 1 was unable to describe the incident due to her diagnoses of brain dysfunction.
A review of the facility reported incident (FRI) investigation report sent to the Department on 10/20/23, at
11:44 a.m., indicated the incident in dining room between FS 1 and Resident 1 was witnessed by a few of
the facility's staff. The investigation report contained the following witnesses' accounts of how the incident in
the dining room unfolded:
1. FS 2 reported that as she was walking through the dining room, she heard FS 1 yelling at [Resident 1],
saying that this was his lunch and not hers. He said you are nothing but a five-finger discount because .she
[Resident 1] took his chips. FS 2 reported that she took Resident 1 and calmed her down.
2. FS 3 reported that when FS 1 noticed that his things had been looked through, [FS 1] then became
furious .he snatched the item [chips] .that belonged to him and then proceeded to call the resident
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 2
Event ID:
055481
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
055481
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/01/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Vienna Nursing and Rehabilitation Center
800 So. Ham Lane
Lodi, CA 95242
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
a five-finger discount.
Level of Harm - Minimal harm
or potential for actual harm
During an interview on 10/27/23, at 11:05 a.m., CNA 1 described Resident 1 as confused and forgetful.
CNA 1 stated Resident 1 liked to talk to other residents and was not aggressive. CNA 1 stated she did not
witness the verbal altercation between Resident 1 and FS 1, but she heard from far away that the FS 1 was
yelling at Resident 1 regarding his chips. CNA 1 added further, I did not hear [Resident 1] yell at [FS 1], she
is quiet, she's not the type to yell.
Residents Affected - Few
During an interview on 10/27/23, at 11:10 a.m., CNA 2 recalled the incident and stated that FS 1 repeatedly
raised his voice when he saw Resident 1 holding a bag of chips and eating them. CNA 2 stated that FS 1
looked mad when he argued with Resident 1 regarding his chips.
During an interview on 10/27/23, at 11:20 a.m., CNA 3 stated she witnessed FS 1 yelling at Resident 1 to
give his chips back to him and then he snatched the opened bag of chips from her hands. CNA 3 stated
she attempted to reason with FS 1 explaining that Resident 1 was confused and did not know what she
was doing. According to CNA 3, Resident 1 was quiet, looked scared, and even more confused after the
incident with FS 1 and added, She had no idea that she was doing something that she's not supposed to
do. CNA 3 stated, What [FS 1] said and did was inappropriate and staff should not say offensive words to
residents, no matter what the resident is doing.
During an interview with FS 1 on 10/27/23, at 12:05 p.m., FS 1 explained that on 10/19/23, around 11 a.m.,
as he was getting ready to eat lunch, he noticed that Resident 1 had gotten into his lunch box and was
eating his chips. FS 1 stated he had interacted with Resident 1 prior to the incident and stated, Sometimes
she's not confused, some days she can talk normally. FS 1 added, She put a small photo album there
[inside the lunch bag] and took the chips out . When I saw her holding the opened bag of chips, it was a
natural reaction, 'hey, you're not supposed to get into other people's stuff, those are my chips. I think I also
said you're five finger pickup. It means that someone is trying to steal another person's food .Later I realized
that I should not have raised my voice at her and shouldn't be doing what I did. FS 1 stated that raising your
voice at a resident, talking in anger in your voice, calling resident names were considered verbal abuse.
During a phone interview on 10/25/23, at 2:55 p.m., the Administrator (ADM) acknowledged that witnesses
reported that FS 1 raised his voice at Resident 1 and called the resident a 'five- finger discount,' a thief,
someone who attempted or tried to steal other people's belongings. The ADM stated FS 1 should not have
raised his voice at Resident 1 and it was totally inappropriate and offensive to call Resident 1 'five- finger
discount.' The ADM added, It is never okay to say 'five- finger discount' to anyone.
A review of the facility's 'Abuse Prevention Policy and Procedure,' revised 3/17, indicated that the purpose
of the policy was to ensure that resident's rights were protected. The policy indicated, Abuse .will not be
tolerated in this facility at any time .Each resident has the right to be free from verbal .abuse .Residents
must not be subjected to abuse by anyone, including, but not limited to facility staff.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055481
If continuation sheet
Page 2 of 2