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.
Based on observation, interview, and record review, the facility failed to ensure one of five sampled
residents (Resident 5) was treated with respect and dignity by failing to ensure Activities Assistant (AA) 1
allowed Resident 5 to get up from the reclining wheelchair (wheelchair with backrest that moves backward
so users can transition from an upright seated position to a horizontal position) on 12/1/2025 at 1:25 pm.
This failure resulted in Resident 5 being confined (restricted) to Resident 5's reclining wheelchair and had
the potential for Resident 5 to develop a decline in range of motion (ROM- how far and in what direction a
joint or muscle can move), the ability to stand, quality of life, and lead to psychosocial (mental, emotional,
social, and spiritual effects) harm.Findings: During a review of Resident 5's admission Record (AR), the AR
indicated the facility admitted Resident 5 on 7/11/2025 with diagnoses that included abnormalities of gait
and other mobility (inability to walk normally due to injuries or underlying conditions), other lack of
coordination (uncoordinated movement due to muscle control that causes an inability to coordinate
movements) and cognitive communication deficit (a common consequence of brain injuries that affects the
ability to communicate effectively). During a review of Resident 5's untitled Care Plan (CP) dated
10/3/2025, the CP indicated Resident 5 had the potential for impaired physical mobility related to limited
movement. The CP goals indicated Resident 5 would demonstrate full ROM of the affected limb daily, for 3
months. The CP approach plan indicated to encourage Resident 5 to participate in his/her own care and
decision-making to the extent permitted by his/her condition, and to encourage Resident 5 to the activity of
choice. During a review of Resident 5's Minimum Data Set (MDS- a resident assessment tool), dated
10/15/2025, the MDS indicated Resident 5 had severely impaired cognition (ability to think, reason, and
function). The MDS indicated Resident 5 required partial/moderate assistance (helper does less than half
the effort and lifts or holds trunk or limbs but provides less than half the effort) with sitting to lying, lying to
sitting on side of bed, rolling left and right (in bed), sitting to standing, chair/bed-to-chair transfers, toilet
transfers and walking 50 feet. During an observation on 12/1/2025 at 7:49 am, in the dining room, Resident
5 was observed. Resident 5 was observed in a large reclining wheelchair with high back and foldable sides
near the shoulders and head. The chair itself resembled a sitting chair (on wheels). The chair was tilted
back. Resident 5 was observed lying in the chair, with Resident 5's feet up in the footrest. During an
observation on 12/1/2025 at 9:12 am, in the dining room, Resident 5 was observed. Resident 5 was in the
large, reclining chair, at one of the tables, with the chair titled back, and Resident 5's feet up in the footrest.
During an observation on 12/1/2025 at 11:30 am, in the dining room, Resident 5 was observed. Resident 5
was in the large, reclining chair, at one of the tables, with the chair titled back, and Resident 5's feet up in
the footrest. During a concurrent observation and interview on 12/1/2025 at 12:16 pm, with Licensed
Vocational Nurse/Treatment Nurse (LVN) 1, Resident 5 was observed in the dining room. Resident 5 was in
the reclining wheelchair with the head titled back. LVN 1 stated, 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 3
Event ID:
555903
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
555903
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Gardens of El Monte
5044 Buffington Rd
El Monte, CA 91732
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
5 was usually in the reclining wheelchair most of the day, in the dining room, and the head was generally
titled back because Resident 5 was a fall risk. During a concurrent observation and interview on 12/1/2025
at 1:25 pm, with AA 1 in the hallway outside the dining room, Resident 5 was observed in the reclining
wheelchair. Resident 5's wheelchair was slightly titled back with the footrest up. Resident 5 was attempting
to get out of the chair when AA 1 put AA 1's hands on Resident 5's right shoulder and stated, No, no, you
need to stay in the chair. AA 1 stated, [Resident 5] wants to get up but we can't allow [Resident 5] to (get
up). Resident 5 frowned and stayed in the chair. During an interview on 12/1/2025 at 1:29 pm with AA 1, AA
1 stated Resident 5 was not allowed to get out of the wheelchair because Resident 5 was a fall risk and
staff did not want Resident 5 up because they needed to assist Resident 5. AA 1 stated, We use the chair
to keep [Resident 5] in there so [Resident 5] doesn't get up. Sometimes we tilt chair back so [Resident 5] is
more comfortable and will stop [Resident 5] from trying to get up. During an interview on 12/1/2025 at 2:49
pm, with Certified Nurse Assistant (CNA) 3, CNA 3 stated Resident 5 was not dependent (helper does ALL
the effort. Resident does none of the effort to complete the activity, or the assistance of 2 or more helpers is
required for the resident to complete the activity). CNA 3 stated Resident 5 required substantial/maximal
assistance (helper does more than half the effort. Helper lifts or holds trunk or limbs and provides more
than half effort). CNA 3 stated Resident 5 could stand from the bed and transfer to the chair. CNA 3 stated
Resident 5 was a fall risk because Resident 5 was unsteady. CNA 3 stated, Since I've been working here,
[Resident 5] has been going in the reclining wheelchair. CNA 3 stated if a resident was in a reclining
wheelchair and wanted to get out of the wheelchair, staff were supposed to get them out because, That was
their right. CNA 3 stated if Resident 5 could not get out of the reclining wheelchair when Resident 5 wanted,
it would be considered a restraint (any manual method, physical or mechanical device, equipment, or
material that is attached or adjacent to a resident's body, cannot be easily removed by a resident, and
restricts the resident's freedom of movement or access to their body). CNA 3 stated a restraint was
anything that restricted free will or free movement of a resident. CNA 3 stated if Resident 5 could not get
out of the reclining wheelchair it could take a toll on Resident 5 and lead to skin tears (a wound that
happens when the layers of skin separate or peel back) or cuts, agitation and other behavioral problems.
During an interview on 12/1/2025 at 3:08 pm, with the Registered/Licensed Occupational Therapist
(OTR/L), the OTR/L stated a resident who was being kept in the wheelchair like Resident 5 was in so
Resident 5 could not get up and potentially fall, that was considered a restraint. The OTR/L stated the
reclining wheelchair was supposed to improve a resident's quality of life and care. The OTR/L stated
Resident 5 not being allowed to get out of the chair when Resident 5 wanted was a hindrance (delay or
obstruction) to Resident 5's quality of life. During an interview on 12/1/2025 at 3:31 pm with the OTR/L, the
OTR/L stated if residents wanted to get up from the reclining wheelchair, staff were supposed to allow
residents to stand up. The OTR/L stated the activities staff or other staff knew to ask rehabilitation staff for
help if residents wanted to stand up to help relieve pressure or tension or had the urge and/or wanted to
stand. During a concurrent interview and record review on 12/1/2025 at 3:557 pm with the Director of
Nursing (DON), the facility's policy and procedure (P&P) titled, Physical Restraints, was reviewed. The DON
stated a reclining wheelchair was not a restraint. The DON stated, My staff are not educated to answer
what a restraint is. The DON stated it was a violation of resident rights if staff were not getting residents up
when they wanted and restricting residents' movement. The DON stated keeping residents in wheelchairs
when they wanted to get up was not a restraint and if staff were answering that way, they needed to be
educated because they were wrong. During a review of the facility's P&P
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555903
If continuation sheet
Page 2 of 3
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
555903
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/01/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Gardens of El Monte
5044 Buffington Rd
El Monte, CA 91732
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
titled, Resident Rights, revised 9/2017, the P&P indicated the policy goal was to promote the exercise of
rights for each resident, including any who face barriers (such as communication problems, vision or
hearing problems, and cognition limits) in the exercise of those rights. The P&P indicated a resident, even
though determined to be incompetent, should be able to assert these rights based on his or her degree of
capability. The P&P indicated a resident has a right to a dignified existence, self-determination, and
communication with and access to persons and services inside and outside the facility. The P&P indicated a
facility must protect and promote the rights of each resident, including each of the following rights.choose a
physician, treatment, and participate in decisions and care planning in an ongoing basis.to participate in
his/her treatment and support the resident by facilitating the inclusion of the resident or their representative,
including an assessment of the resident's strengths and needs and incorporating the resident's personal
and cultural preferences in the development of goals.to be free from.physical restraints used for the
purpose of discipline or staff convenience. During a review of the facility's P&P titled, Physical Restraints,
revised 9/2017, the P&P indicated it was the policy of the facility that restraints will only be used after other
alternatives had been tried unsuccessfully and only with a thorough assessment, informed consent from
the resident or their responsible party, a physician's order and a care plan to address the use of restraint.
The P&P indicated restraints were defined as any manual method or physical mechanical device, material,
or equipment attached to or adjacent to the resident's body that the individual cannot easily remove easily
which restricts freedom of movement or normal access to one's body. The P&P indicated physical restraints
shall not be used to limit resident mobility for convenience of staff.
Event ID:
Facility ID:
555903
If continuation sheet
Page 3 of 3