Regulation:
OAR 411-054-0027 (1) Resident Rights and Protection - General
(1) GENERAL RIGHTS. The facility must implement a residents' Bill of Rights. Each resident and the resident's designated representative, if appropriate, must be given a copy of the resident's rights and responsibilities before moving into the facility. The Bill of Rights must state that residents have the right:
(a) To be treated with dignity and respect.
(b) To be given informed choice and opportunity to select or refuse service and to accept responsibility for the consequences.
(c) To be given informed consent before any nontherapeutic examination, observation or treatment is provided.
(d) To participate in the development of their initial service plan and any revisions or updates at the time those changes are made.
(e) To receive information about the method for evaluating their service needs and assessing costs for the services provided.
(f) To exercise individual rights that do not infringe upon the rights or safety of others.
(g) To be free from neglect, financial exploitation, verbal, mental, physical, or sexual abuse.
(h) To receive services in a manner that protects privacy and dignity.
(i) To have prompt access to review all of their records and to purchase photocopies. Photocopied records must be promptly provided, but in no case require more than two business days (excluding Saturday, Sunday, and holidays).
(j) To have medical and other records kept confidential except as otherwise provided by law.
(k) To associate and communicate privately with any individual of choice, to send and receive personal mail unopened, and to have reasonable access to the private use of a telephone.
(l) To be free from physical restraints and inappropriate use of psychoactive medications.
(m) To manage personal financial affairs unless legally restricted.
(n) To have access to, and participate in, social activities.
(o) To be encouraged and assisted to exercise rights as a citizen.
(p) To be free of any written contract or agreement language with the facility that purports to waive their rights or the facility's liability for negligence.
(q) To voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of retaliation.
(r) To be free of retaliation after they have exercised their rights provided by law or rule.
(s) To have a safe and homelike environment.
(t) To be free of discrimination in regard to race, color, national origin, gender, sexual orientation, or religion.
(u) To receive proper notification if requested to move-out of the facility, and to be required to move-out only for reasons stated in OAR 411-054-0080 (Involuntary Move-out Criteria) and have the opportunity for an administrative hearing, if applicable.
Inspection Findings:
Based on observation, interview, and record review, it was determined the facility failed to ensure 2 of 2 sampled residents (#’s 2 and 4) were treated with dignity and respect during meal service. Findings include, but are not limited to:
Observations were conducted of dining service on 09/09/25 and 09/10/25. The following concerns were identified:
1. Resident 2 moved into the facility in 11/2020 with diagnoses including degeneration of the brain, dysphagia, and a history of weight loss. The resident was observed to require cueing and physical feeding assistance and received a mechanical soft diet and pre-thickened nectar thick liquids.
* Staff 10 (MT), Staff 11 (CG) and Staff 16 (CG) were observed standing while assisting and feeding Resident 2. The resident was seated in a wheelchair in the dining room, while staff remained standing while feeding the resident, rather than positioning at eye level or sitting beside the resident.
* Staff 10, 11, and 16 were observed to lean over and/or into the resident and Resident 2 was noted to lean away from staff, appearing to avoid contact.
* Residents were observed to receive vanilla ice cream for dessert at lunch, however Resident 2 was not provided dessert. On 09/10/25 at 12:19 pm, Staff 11 reported the resident didn’t like ice cream and was unsure if an alternate dessert was available. Staff 9 (MT) reported there were alternate dessert options, and she would ask what was available. However, Resident 2 was not provided an alternate dessert.
The need to ensure residents were treated with dignity and respect was reviewed with Staff 1 (Memory Care Administrator), Staff 2 (Administrator), and Staff 3 (RN) on 09/11/25 at 3:37 pm. They acknowledged the findings.
2. Resident 4 moved into the facility on 08/2025 with diagnoses including dementia.
* On 09/10/25, lunch served to residents was a tuna sandwich, cucumber/tomato salad, and potato chips. Resident 4 did not eat the tuna sandwich. Staff 11 was observed removing a dirty plate from Resident 4, but did not ask the resident why he/she did not eat or if he/she needed an alternative.
* Surveyor interviewed Resident 4 to ask why he/she did not eat the tuna sandwich. The resident stated, “I didn’t know what it was, so I ate that (pointing at a potato chip bag) instead”.
The need to ensure residents were treated with dignity and respect during meal service was discussed with Staff 1 (Memory Care Administrator), Staff 2 (Administrator), and Staff 3 (RN) on 09/11/25 at 1:45 pm. They acknowledged the findings.
OAR 411-054-0027 (1) Resident Rights and Protection - General
(1) GENERAL RIGHTS. The facility must implement a residents' Bill of Rights. Each resident and the resident's designated representative, if appropriate, must be given a copy of the resident's rights and responsibilities before moving into the facility. The Bill of Rights must state that residents have the right:
(a) To be treated with dignity and respect.
(b) To be given informed choice and opportunity to select or refuse service and to accept responsibility for the consequences.
(c) To be given informed consent before any nontherapeutic examination, observation or treatment is provided.
(d) To participate in the development of their initial service plan and any revisions or updates at the time those changes are made.
(e) To receive information about the method for evaluating their service needs and assessing costs for the services provided.
(f) To exercise individual rights that do not infringe upon the rights or safety of others.
(g) To be free from neglect, financial exploitation, verbal, mental, physical, or sexual abuse.
(h) To receive services in a manner that protects privacy and dignity.
(i) To have prompt access to review all of their records and to purchase photocopies. Photocopied records must be promptly provided, but in no case require more than two business days (excluding Saturday, Sunday, and holidays).
(j) To have medical and other records kept confidential except as otherwise provided by law.
(k) To associate and communicate privately with any individual of choice, to send and receive personal mail unopened, and to have reasonable access to the private use of a telephone.
(l) To be free from physical restraints and inappropriate use of psychoactive medications.
(m) To manage personal financial affairs unless legally restricted.
(n) To have access to, and participate in, social activities.
(o) To be encouraged and assisted to exercise rights as a citizen.
(p) To be free of any written contract or agreement language with the facility that purports to waive their rights or the facility's liability for negligence.
(q) To voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of retaliation.
(r) To be free of retaliation after they have exercised their rights provided by law or rule.
(s) To have a safe and homelike environment.
(t) To be free of discrimination in regard to race, color, national origin, gender, sexual orientation, or religion.
(u) To receive proper notification if requested to move-out of the facility, and to be required to move-out only for reasons stated in OAR 411-054-0080 (Involuntary Move-out Criteria) and have the opportunity for an administrative hearing, if applicable.
This Rule is not met as evidenced by:
Plan of Correction:
The facility failed to ensure 2 of 2 sampled residents (#’s 2 and 4) were treated with dignity and respect during meal service.
*Staff will be provided training regarding assisting resident's with feeding so that they are treating resident's with dignity and respect. Staff training will also include explaining what is being served for meals, so if resident's don't like what is being served they can be offered an alternative off the alt menu.
*Staff immediately made aware that the refridgerator in MC is stocked with alternate options for resident's with texture diet order's.
*Staff training will be provided at all staff on 10/10/25. *New hire care partner skills checklists include assisting with eating.
*Training will be reviewed bi-annually.
*Administrator, MC Administrator, RCC and Business Services Director to oversee the compliance with QA audits to review documentation.