F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or
her rights.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to treat residents in a dignified and respectful
manner for 1 of 6 residents reviewed for resident rights of a total sample of 12 residents, (#5). Findings:
Review of resident #5's medical record revealed he was admitted to the facility on [DATE] with diagnoses
including atrial fibrillation, type 2 diabetes, orthostatic hypotension, and history of falling. Review of the
Minimum Data Set (MDS) quarterly assessment with Assessment Reference Date (ARD) of 7/15/25
revealed resident #5 had a Brief Interview for Mental Status score of 15 out of 15 which indicated he was
cognitively intact. Review of the MDS admission assessment with ARD of 7/15/25 revealed it was
somewhat important for resident #5 to do things with groups of people and do his favorite activities. On
9/24/25 at 11:00 AM, resident #5 expressed frustration regarding the delivery of his meals. He stated that
meals were not always served at the same time and when food arrived, it was often cold. He explained a
few weeks ago the kitchen staff brought out the cart, but the nursing staff was not present in the dining
room, so he got his tray and began serving others. He reported when staff saw what he was doing, he was
told he was not permitted to serve the other residents. The resident recalled he got upset and yelled to get
people's attention hoping staff would pass the meals to the residents. He mentioned, because of his
behavior, the facility punished him with a four-week suspension requiring him to eat in his room. Resident
#5 stated he had a week remaining of his suspension but planned to leave the facility next week to an
Assisted Living Facility. The resident confirmed he had filed grievances about the meal delays but said he
felt his concerns had fallen on deaf ears. Review of resident #5's medical record revealed a care plan dated
1/14/25 regarding his ability to make leisure needs and preferences known and participate in facility
activities as desired. The care plan included resident #5 preferred a balance of social and independent
leisure activities. Goals included expressing satisfaction with his leisure routine, engaging in independent
activities, and participating in facility activities as desired. Interventions included staff encouraging
participation in preferred activities and honoring resident #5's choices. Review of a Change in Condition
Evaluation dated 8/29/25 revealed a change in resident #5's behavior and mood. The nursing observations
and evaluation documented he exhibited increased abnormal behaviors and increased yelling, cursing,
pushing furniture items around the room; he appeared infuriated regarding mealtime, and behavior was not
easily directed. The form revealed the physician was notified and orders were received for a room change,
blood work, and psychiatric consult. Review of a Grievance Form, dated 8/29/25, filed by resident #5
revealed he expressed concern about food not being served on time in the dining room and expressed
concern for staff to be present and on time in the dining room for all meals. The Grievance Official
Follow-up section read, Spoke with resident regarding concerns. Notified resident that staff was late to
dining room due to an emergency on the unit. Staff re-educated that even when an emergency is occurring,
at least one team member is to be present in
(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 3
Event ID:
105518
Printed: 05/28/2026
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
105518
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/25/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Winter Garden Rehabilitation and Nursing Center
12751 W Colonial Drive
Winter Garden, FL 34787
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 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
the dining room. Resident expressed his appreciation. Stated he would take a break from attending dining
room for a bit. Psych [psychiatric] consult and 30 min [minute] safety checks initiated. Resident provided
with dining room coverage. On 9/29/24/25 at 4:33 PM, the Certified Dietary Manager (CDM) said For a
period of time [resident #5] was not in the dining room for a problem that happened. She indicated she was
not present when the incident occurred, but he would be allowed to return to the dining room the first week
of October. She stated resident #5 previously ate meals in the dining room. She explained she learned
about the incident during a meeting. The CDM stated in her three years at the facility, she had never seen
any other residents restricted from eating in the dining room. On 9/25/25 at 1:09 PM, Restorative Certified
Nursing Assistant (CNA) B stated she often saw resident #5 seated and interacting with others in the dining
room whenever she worked. She recalled going to resident #5's room the day after the incident happened
and learning he could not go to the dining room for 30 days. She recalled the resident explained to her that
he became upset that day because he was hungry, and the food was taking too long to be served. On
9/25/25 at 2:02 PM, in a telephone interview, Registered Nurse (RN) C shared that on 8/29/25 after the
incident occurred, she was surprised to learn about resident #5's behavior that night. She indicated he was
probably upset about the service and just had enough. She stated the facility restricted him from eating
meals in the dining room for 30 days. The nurse said she learned about the restriction from upper
management, resident #5's former roommate and resident #5 himself. On 9/25/25 at 2:25 PM, resident #11
stated she had been the Resident Council President for one year and usually ate her lunch and dinner in
the dining room. She confirmed some residents had expressed the food was not served timely or hot in
previous Resident Council meetings. She validated she was present during the incident on 8/29/25 and was
upset that people might get hurt. She recalled that staff had to restrain resident #5 and told him to go to his
room. The Resident Council President explained they had a Resident Council meeting the morning after the
incident and were informed resident #5 would not come to the dining room for about a month. She shared
everyone at the meeting was in agreement with the decision. She said, His punishment ended early, and he
returned to the dining room yesterday. On 9/25/25 at 2:40 PM, resident #12 said people in the kitchen do
not listen or care. He confirmed they had shared concerns during meetings but felt nothing was done. He
recalled resident #5 got upset because there was no one to serve the food. He stated all the residents in
the dining room were upset that night. Resident #12 indicated he walked down to get the nursing staff to
serve them dinner but could not find anyone at first, then his assigned nurse informed him someone would
go to the dining room. He stated when he returned to the dining room, resident #5 was cursing, moving
chairs and tables, and a female resident pushed him with her walker. Resident #12 said he learned in a
Resident Council meeting that resident #5 was banned for 30 days. On 9/25/25 at 2:59 PM, resident #5
elaborated the kitchen staff refused to serve them and the food was getting cold. He indicated he was
frustrated with too many rules. He reiterated he was told he had a 30-day suspension of eating in the dining
room and other activities like outings to restaurants and such. He said his suspension from the dining room
was announced to everyone. He shared he did not remember when the suspension was up and went once
to the dining room, sat with other residents, but was taken aside and reminded his time to return was not up
yet, so he had to return to his room to eat his meal. He stated he felt he was treated like he was a child.
Resident #5 expressed at the time he was mad, but it didn't matter because he was leaving the facility in a
few days. On 9/25/25 at 10:58 AM, the Administrator (NHA) stated she was not present when the incident
occurred, but when called, she returned to the facility. She recalled the Social Services Director informed
her resident #5 was upset the CNA was not in the dining room timely. She indicated resident #5
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105518
If continuation sheet
Page 2 of 3
Printed: 05/28/2026
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
105518
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/25/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Winter Garden Rehabilitation and Nursing Center
12751 W Colonial Drive
Winter Garden, FL 34787
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 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
told them he was testing out his acting skills because the CNA was late and he thought that would be funny.
The NHA stated she educated resident #5 and told him his behavior was inappropriate and disrespectful to
other residents. She shared he thought other residents would find it funny and he was now embarrassed,
so he did not want to return to his room because his roommate was in the dining room when the incident
happened. She stated resident #5 was offered a room change which he accepted. The NHA stated she was
unaware resident #5 thought he could not eat his meals in the dining room. The NHA denied making the
decision to prohibit resident #5 to eat his meals in the dining room for 30 days and could not explain why
resident #5, other residents, and staff would say that. She shared it was resident #5 who stated he would
take a break from going to the dining room. On 9/25/25 at 5:34 PM, during a telephone interview, the former
Director of Nursing (DON) explained she was not present when the incident occurred, but she returned to
the facility shortly after. She stated the kitchen corroborated nursing staff was not in the dining room when
the dinner trays were brought out but said they arrived within five minutes. She said the nurse who came to
serve the residents did not know the process and started passing coffee instead of the trays, and resident
#5 went ballistic. She stated he was placed in another room temporarily and she received physician orders
for laboratory tests and a psychiatric evaluation. She stated the NHA came after she had left and added
steps to keep everyone safe. She recalled having a Resident Council meeting the next morning which
resident #5 attended. She indicated she explained the new plan they implemented to make the dining
process smoother. She shared he was such a mild manner man and they were surprised by his behavior.
She indicated she felt once they resolved the dining room process, everything would be okay. She said not
allowing him to return to the dining room for his meals for 30 days was extreme, but it was not her decision.
She stated he enjoyed doing eating in the dining room, and they informed resident #5 he could participate
in certain activities but could not eat his meals in the dining room or go on outings. Review of the minutes
for an Emergency Resident Council Meeting held on 8/30/25 revealed 12 residents attended including the
Resident Council President and resident #5. The form showed residents expressed concerns about the
previous evening event and overall meal delivery. The DON shared their new plan to be implemented to
ensure a smooth process in the dining room. The residents agreed with the plan. Review of the facility's
Resident Rights policy and procedure revised on January 2024 read, A facility must treat each resident with
respect and dignity and care for each resident in a manner and in an environment that promotes
maintenance or enhancement of his or her quality of life, recognizing each resident's individuality. The
facility must protect and promote the rights of the residents.
Event ID:
Facility ID:
105518
If continuation sheet
Page 3 of 3