F 0552
Ensure that residents are fully informed and understand their health status, care and treatments.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
medical record review, observation, and resident and staff interviews, the facility failed to allow a resident to
make an informed medical decision regarding his diet. This affected one (Resident #35) of three residents
reviewed for resident rights. The facility census was 70.
Residents Affected - Few
Findings include:
Review of Resident #35's medical record revealed an admission to the facility occurred on 03/20/19. with
medical Diagnoses included dysphagia (trouble swallowing), morbid obesity, Diabetes, chronic respiratory
failure and anxiety.
Review of the quarterly Minimum Data Set (MDS) assessment dated [DATE] revealed Resident #35 was
cognitively intact and able to make all his needs known. Resident #35 used to have a tube feeding for all his
nutritional needs and took nothing by mouth.
Review of the Choice Not to Receive Nursing/Medical Services, Care, and or Treatment form dated
01/31/23 revealed Resident #35 was choosing not to consume thickened liquids or pureed foods. The top
section of the form identified staff have identified the risks and possible consequences of choosing to not
receive the medical treatment initialed below. The form identified having been given all the possible
negative outcomes of the choice to not receive the treatment. The resident initialed and signed the form
dated 01/31/23.
Review of the physician order dated 02/15/23 revealed Resident #35 was ordered a pureed diet with nectar
thickened liquids.
Review of Resident #35's progress notes dated 06/03/23 at 1:45 P.M. revealed a nurse was called into the
room and Resident #35 asked for ice. The nurse told Resident #35 he could not have ice due to safety
concerns and his physician order for thickened liquids. Resident #35 became very upset and yelled at the
nurse and stated This is expletive. I signed a paper. Resident #35's sister then called the facility asking why
Resident #35 cannot have ice. The nurse noted educating the sister on the concerns for aspiration. The
nurse said she will give him a can of pop as requested but will not open it for him. The nurse documented
when entering the room, the resident stated yelling, you are taking my rights away.
Observations and interview with Resident #35 occurred on 11:49 A.M. and 2:45 P.M. Resident #35
confirmed the facility provided him with the risk of consuming regular foods and liquids, however he can
make the informed decision himself. Resident #35 confirmed he understands the risks of potential
aspiration and still wants the regular food and liquids. Resident #35 was observed drinking a can of
(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:
365517
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
365517
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/14/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Twilight Gardens Nursing and Rehabilitation
196 W Main St
Norwalk, OH 44857
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 0552
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
soda and eating pizza. Resident #35 confirmed he has been ordering regular food outside the facility that
was delivered because the facility will not give it to him. Resident #35 stated he was not getting ice and thin
liquids (water) when asking was ridiculous, and the staff wonder why I get upset.
Interview with Dietary Manager #40 on 06/14/23 at 12:07 P.M. confirmed the kitchen staff follow the
physician orders for Resident #35 and send him a pureed diet with thickened liquids. Dietary Manager #40
stated Resident #35 refuses to eat the purred food. Dietary Manger #40 confirmed she was not permitted to
send him a regular diet with regular liquids.
Interview with the Director of Nursing (DON), Administrator and Regional Nurse #50 on 06/14/23 at 12:18
P.M. confirmed the facility was not allowing Resident #35 to have a regular diet provided by the facility. The
facility was following the physician diet order of pureed food with thick liquids), instead of Resident #35's
informed decision to have regular food and liquids. They have instructed their staff that Resident #35 was
only to have pureed and thickened liquids and were not assisting him to get ice, thin liquids like water,
regular food as he wishes. The facility was following the guidance that was provided from their corporation
as they were concerned with getting sued if something happened to Resident #35.
This deficiency represents non-compliance investigated under Complaint Number OH00143219.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365517
If continuation sheet
Page 2 of 2