F 0801
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the
food and nutrition service, including a qualified dietician.
Based on observation, interview, and record review, the facility failed to ensure there was a full-time
qualified person responsible for food and nutrition services (FNS) when the Registered Dietitian and
Dietary Services Supervisor (DSS) were employed part time and failed to provide the required number of
hours for oversight of FNS.
This failure resulted in a lack of oversight for food and nutrition services and had the potential to
compromise the dietary and nutritional needs of the residents. (Cross reference F812)
Findings:
During a concurrent observation and interview on 10/7/24 at 10:44 a.m. with Dietary Aide (DA) 1, DA 1 was
in the kitchen with a hair restraint on, hair was hanging out of the restraint around her ears, temples, and
forehead. DA 1 stated the Dietary Services Supervisor (DSS) was off and because she had a full-time job
at a different facility.
During a concurrent interview and record review on 10/7/24 at 10:49 a.m. with the Assistant [NAME] (AC),
the AC stated the DSS was part time and would normally come to the facility on weekends, in the evenings
or early mornings. The DSS sign in sheet for 10/2024 was reviewed and indicated she was at the facility on
the following dates and times:
10/1/24 5:15 a.m.-6:02 a.m.
10/2/24 4:07 p.m.-7:18 p.m.
10/3/24 5:06 a.m.-6:04 a.m., 4:28 p.m.-8:05 p.m.
10/4/24 5:32 a.m.-2:18 p.m.
10/5/24 5:14 a.m.-9:01 a.m., 9:31 a.m.-1:05 p.m.
No hours were recorded for 10/6/24 or 10/7/24.
During a concurrent observation and interview on 10/7/24 at 10:58 a.m. with the [NAME] (CK), the cook
had a hair restraint on with hair exposed on all sides of her head. The CK stated she should have her hair
completely covered because it could shed and contaminate the food while she was cooking.
During an interview on 10/7/24 at 11:06 a.m. with DA 1, DA 1 stated the cart with the personal
(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 7
Event ID:
555758
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0801
items should not have been in the kitchen. DA 1 stated the items could have cross contaminated the food.
Level of Harm - Minimal harm
or potential for actual harm
During an observation on 10/7/24 at 10:58 a.m. with DA 2, DA 2 had loose hair hanging out of the hair
restraint above her ears.
Residents Affected - Many
During an interview on 10/7/24 at 11:15 a.m. with the AC, the AC stated the FNS staff needed a full-time
supervisor for oversight of the kitchen.
During an interview on 10/7/24 at 12:31 p.m. with Licensed Vocational Nurse (LVN) 1, LVN 1 stated she was
the Infection Preventionist for the facility. LVN 1 stated she would do audits weekly in the kitchen to monitor
for cleanliness and expired food products. LVN 1 stated the DSS was not full time at the facility, and she
was not sure what the regulations were for the hours of FNS oversight.
During a concurrent interview and record review on 10/7/24 at 12:50 p.m. with the Payroll Assistant (PA)
and Payroll Manager (PM), the RD's time sheets were reviewed. The PA stated the RD was a part time
consultant. The RD's time sheets indicated the RD charged 6 hours weekly to the facility. The PM stated the
DSS was hired part time on 8/20/23 but had not started as the DSS until 2024. The DSS' time sheets were
reviewed and indicated she had worked the following hours every pay period:
6/1/24-6/15/24- 25:15 hours
6/16/24-6/30/24-36:45 hours
7/1/24-7/15/24-33:15 hours
7/16/24-7/31/24-29:00 hours
8/1/24-8/15/24-18:15 hours
8/16/24-8/31/24-37:30 hours
9/1/24-9/15/24-48.45 hours
9/16/24-9/30/24-42.45 hours
The PA stated the facility was paid based a 2 week pay period and fulltime employment would be 70-80
hours per pay period. The PA stated the DSS was currently part time.
During a telephone interview on 10/7/24 at 4:50 p.m. with the RD, the RD stated she was a consultant and
worked for the facility six hours per week. The RD stated she was onsite every other week and remote the
opposite weeks. The RD stated the DSS should be full time and part time coverage did not offer proper
oversight of the FNS. The RD stated the DSS' duties included ordering the food, verifying staff met
competencies, retraining staff as needed, overall discipline and inventory. The RD stated her primary
responsibility was to provide overall oversight making sure the DSS was managing FNS. The RD stated she
was unaware the DSS was not full time at the facility.
During a telephone interview on 10/7/24 at 5:12 p.m. with the DSS, the DSS stated she was working at the
facility part time. The DSS stated her duties included scheduling, inventory, monitoring the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 2 of 7
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0801
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
kitchen, checking food expiration dates, staff training and in-services. The DSS stated the facility should
have a full time DSS since the RD was not full time. The DSS stated she tried to be at the facility most days,
even if it was only for a couple hours. The DSS stated she had been part time as the DSS since 3/2024.
The DSS stated she would need to be at the facility full time fulfill all her job duties.
During a review of the FNS Director job description dated 2023, indicated, . Must meet the qualifications of
a FNS Director as stated under State & Federal regulations . Duties and Responsibilities . schedule and
supervise the Food & Nutrition Services Staff providing in-service training . Is responsible for the
preparation and service of all food . Plan kitchen procedure to have food ready on time . Test cooked food
by taste to determine if properly cooked and seasoned . maintaining cleanliness of kitchen equipment, and
follows all department of health regulations . weekly inventory of food assuring that sufficient supplies are
on hand . Make menu adjustments . with final approval of the Facility Registered Dietitian . Maintain
resident diet card . Visit residents to determine food acceptance and preferences . responsible for the
ordering of food and supplies, checking delivery, supervising storage, signing invoices, and keeping record
of food costs . Complete Nutritional Screening form on new residents, MDS and documents all residents
quarterly . Review, update, and follow policies & procedures . Attend weight variance meetings .
During a review of the facility's job description titled, General Scope of Registered Dietitian's Duties, dated
2023, the job description indicated, . A qualified FNS Director . is responsible for the total operation of the
Food & Nutrition Services Department . If a person is not a Registered Dietitian, they must meet the
Federal and State laws and receive regular consultation from a Registered Dietitian . Responsibilities of
FNS Director . Maintaining acceptable standards of sanitation and food safety . Complete resident dietary
profile, nutritional screening, quarterly note, and annual review . Observe residents at mealtime . The
Facility Registered Dietitian is a registered member of the Academy of Nutrition and Dietetics, (AND) and is
a staff member employed full-time, part-time, or on a consultant basis, depending on the needs of the
facility .
HSC 1265.4 states a) A licensed health facility shall employ a full-time, part-time, or consulting dietitian. A
health facility that employs a registered dietitian less than full time, shall also employ a full-time dietetic
services supervisor who meets the requirements of subdivision (b) to supervise dietetic service operations.
(b) The dietetic services supervisor shall have completed at least one of the following educational
requirements:
(1) A baccalaureate degree with major studies in food and nutrition, dietetics, or food management and has
one year of experience in the dietetic service of a licensed health facility.
(2) A graduate of a dietetic technician training program approved by the American Dietetic Association,
accredited by the Commission on Accreditation for Dietetics Education, or currently registered by the
Commission on Dietetic Registration.
(3) A graduate of a dietetic assistant training program approved by the American Dietetic Association.
(4) Is a graduate of a dietetic services training program approved by the Dietary Managers Association and
is a certified dietary manager credentialed by the Certifying Board of the Dietary Managers
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 3 of 7
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0801
Level of Harm - Minimal harm
or potential for actual harm
Association, maintains this certification, and has received at least six hours of in-service training on the
specific California dietary service requirements contained in Title 22 of the California Code of Regulations
prior to assuming full-time duties as a dietetic services supervisor at the health facility.
Residents Affected - Many
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 4 of 7
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observation, interview, and record review, the facility failed to ensure food was stored in
accordance with professional standards for food services safety when:
Residents Affected - Many
1. The spice storage area contained food products which were not discarded on or before the expiration
dates according to facility policies.
2. There was a cart with multiple personal belongings and used items in the kitchen area.
3. Four of four staff did not have their hair properly covered by a hair restraint.
These failures placed residents at risk for foodborne illness and contamination. (Cross reference F801)
Findings:
During an observation on 10/7/24 at 10:44 a.m. with Dietary Aide (DA) 1, DA 1 was in the kitchen and her
hair restraint was not covering the hair around her ears, temples, and forehead.
During an observation on 10/7/24 at 10:49 a.m. with the Assistant [NAME] (AC), the AC did not have her
hair restraint on properly, exposing a large amount of hair above both ears.
During a concurrent observation and interview on 10/7/24 at 10:53 a.m. with the AC, a rolling cart was
observed in the kitchen, under the office window, next to the handwashing sink. The items on the cart
included empty egg cartons, food in plastic resealable bags, personal bags, coffee mugs, water bottles, a
pack of chewing gum, paper plates, a jar full of a milky substance and an unmarked jar of a dark fluid. The
AC stated the cart with personal items should not be in the kitchen due to potential for cross contamination
with the food. The AC pushed the cart out of the kitchen.
During a concurrent observation and interview on 10/7/24 at 10:58 a.m. with the [NAME] (CK), the cook
had a hair restraint on with hair exposed on all sides of her head. The CK stated she should have her hair
completely covered because it could shed and contaminate the food while she was cooking.
During an interview on 10/7/24 at 11:06 a.m. with DA 1, DA 1 stated the cart with the personal items should
not have been in the kitchen. DA 1 stated the items could have cross contaminated the food.
During an observation on 10/7/24 at 10:58 a.m. with DA 2, DA 2 had loose hair hanging out of the hair
restraint above her ears.
During a concurrent observation, interview and record review on 10/7/24 at 11:15 a.m. with the AC, a bottle
of vanilla extract was on the shelf above the preparation table with an open date marked on it of 6/20/2022.
The AC walked to the dry storage area and reviewed a spreadsheet of expiration dates and stated the
bottle should have been thrown away 6 months after opening. There was a bottle of chili powder on the
shelf with an open date of 6/20/22. The AC stated expired food could be contaminated and cause the
residents to become ill. The AC stated the FNS staff needed a full-time supervisor for oversight of the
kitchen.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 5 of 7
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
During an interview on 10/7/24 at 12:31 p.m. with Licensed Vocational Nurse (LVN) 1, LVN 1 stated she was
the Infection Preventionist for the facility. LVN 1 stated she would do audits weekly in the kitchen to monitor
for cleanliness and expired food products. LVN 1 stated she had not seen the vanilla extract and chili
powder opened in 2022 during her audits. LVN 1 stated expired food products were not safe because they
could grow bacteria. LVN 1 stated she was aware of the cart with personal items in the kitchen but thought
it was on the far edge of the kitchen, so it was not an issue.
During a telephone interview on 10/7/24 at 4:50 p.m. with the RD, the RD stated she works at the facility 6
hours weekly, onsite every other week and remotely on the opposite weeks. The RD stated she was
unaware the DSS was not full time. The RD stated less than fulltime coverage by the RD was not proper
oversight of the FNS. The RD stated it was important for the DSS to be full time to make sure she was
ordering the food, verifying staff meet competencies, retraining staff as needed, overall discipline and
inventory. The RD stated her primary responsibility was to provide over all oversight making sure the DSS
was managing the FNS.
During a telephone interview on 10/7/24 at 4:50 p.m. with the RD, the RD stated she worked for the facility
six hours per week. The RD stated she was onsite every other week and remote the opposite weeks. The
RD stated she would do a sanitation audit in the kitchen monthly, but she had not seen the vanilla extract
and chili powder opened in 2022. The RD stated they should not be in the kitchen available to use. The RD
stated they could cause cross contamination and illness. The RD stated hair restraints should be on and
covering all hair to prevent physical contamination of the food. The RD stated the DSS should be full time
and part time coverage did not offer proper oversight of the FNS. The RD stated the DSS' duties included
ordering the food, verifying staff met competencies, retraining staff as needed, overall discipline and
inventory. The RD stated her primary responsibility was to provide overall oversight making sure the DSS
was managing FNS.
During a telephone interview on 10/7/24 at 5:12 p.m. with the DSS, the DSS stated she worked at the
facility part time. The DSS stated her duties included scheduling, inventory, monitoring the kitchen,
checking food expiration dates, staff training and in-services. The DSS stated she was not aware there were
foods on the shelf opened in 2022. The DSS stated they should have been thrown out for the resident's
safety. The DSS stated she expected the staff to have the hair restraint covering all hair with none exposed
so hair did not fall into the food. The DSS stated the cart with the personal belongings should not be in the
kitchen and it had been an ongoing issue. The DSS stated her expectation was for the staff to keep their
belongings in the breakroom. The DSS stated the cart could cause cross contamination of the food.
During a review of the FNS Director job description dated 2023, indicated, . Must meet the qualifications of
a FNS Director as stated under State & Federal regulations . Duties and Responsibilities . schedule and
supervise the Food & Nutrition Services Staff providing in-service training . Is responsible for the
preparation and service of all food . Plan kitchen procedure to have food ready on time . Test cooked food
by taste to determine if properly cooked and seasoned . maintaining cleanliness of kitchen equipment, and
follows all department of health regulations . weekly inventory of food assuring that sufficient supplies are
on hand . Make menu adjustments . with final approval of the Facility Registered Dietitian . Maintain
resident diet card . Visit residents to determine food acceptance and preferences . responsible for the
ordering of food and supplies, checking delivery, supervising storage, signing invoices, and keeping record
of food costs . Complete Nutritional Screening form on new residents, MDS and documents all residents
quarterly . Review, update, and follow policies & procedures . Attend weight variance meetings .
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 6 of 7
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
555758
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
New Bethany Skilled Nursing
1441 Berkeley Dr
Los Banos, CA 93635
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 0812
Level of Harm - Minimal harm
or potential for actual harm
During a review of the facility's policy and procedure (P&P) titled Dress Code, dated 2023, the P&P
indicated, . Personal Hygiene and appropriate dress are a very important part of the total appearance of the
Food * Nutrition Services Department . Proper Dress . Hat for hair, if hair is short, which completely covers
the hair . Hair net for hair, if hair is long . If applicable, beards and mustaches (any facial hair) must wear
beard restraint .
Residents Affected - Many
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555758
If continuation sheet
Page 7 of 7