F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
D

Failure to Monitor and Safely Store Perishable Outside Food in Resident Rooms

Warren Center For Rehabilitation And NursingQueensbury, New York Survey Completed on 04-15-2026

Summary

The facility failed to ensure that food brought in from outside sources was stored, labeled, and maintained according to its own policy and professional standards, resulting in perishable items being kept unrefrigerated in resident rooms. The facility’s policy required all perishable foods to be refrigerated, labeled, and discarded within 48 hours, and specified that foods left without temperature control for more than two hours were to be discarded. Nursing staff were responsible for monitoring resident rooms for spoilage, contamination, and safety, but surveyors found no documentation or evidence that perishable food stored in resident rooms was being monitored or overseen. One resident with diabetes mellitus, major depressive disorder, and exocrine pancreatic insufficiency had documented nutritional problems related to diabetes and was on a therapeutic diet with goals to maintain adequate intake and blood glucose levels. Observations on two consecutive days showed a jar of mayonnaise, two cartons of milk, and a head of lettuce stored on the windowsill in this resident’s room. The resident reported using the cool outdoor air as a refrigerator and stated that family members brought in additional food options, and that staff did not provide further options or guidance regarding storage. During this period, outdoor temperatures ranged between 67°F and 70°F, and the perishable items remained unrefrigerated on the windowsill. Another resident, who had a PICC line, primary adrenal cortical insufficiency, atrial fibrillation, limited mobility, and malnutrition, had a care plan that acknowledged receipt of outside food from visitors and included interventions such as educating visitors on safe food handling temperatures and providing a food safety handout to family. During this resident’s stay, the resident was diagnosed with Salmonella, and emergency room documentation identified the illness as foodborne and related to food consumption. Despite this, the facility’s infection prevention and control monthly reports and associated line lists for the relevant months contained no documented evidence that foodborne illness was identified, tracked, or trended. While kitchen food temperatures were routinely monitored and maintained at appropriate levels, there was no documentation of monitoring or oversight of perishable food stored in resident rooms.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0813 citations
Personal Refrigerator Food Storage and Temperature Monitoring Deficiency
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Personal refrigerator food storage and temperature monitoring were not maintained for several resident rooms. Multiple refrigerators contained assorted food items, including dairy, condiments, sausages, and beverages, while no temp logs were found and internal temps were documented above the required range in some rooms. The ADM, DON, and DM stated residents or families were generally responsible for cleaning and maintaining the refrigerators, but there was no assigned daily staff task or log for monitoring temps or expired food.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Inconsistent Storage of Food Brought in for Residents
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility failed to ensure safe and sanitary storage and consumption of food brought in by family and visitors. Staff gave inconsistent answers about how long such food could remain in the nourishment refrigerator, while the facility policy stated that items without a manufacturer expiration date must be dated on arrival and discarded 2 days later.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
No Designated Refrigerator for Food Brought in by Family or Visitors
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

No Designated Refrigerator for Food Brought in by Family or Visitors: The facility failed to follow its policy when it did not have a designated refrigerator for residents’ food brought in by family or visitors. CNAs were unsure where such food should be stored, the AA was unaware it could be stored in the activities refrigerator, and the DON confirmed the facility did not have a designated refrigerator despite the policy stating perishable outside food may be stored in designated unit refrigerators.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Personal Refrigerator Not Maintained at Safe Temperature
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Personal Refrigerator Not Maintained at Safe Temperature: A resident with Parkinson's disease and dementia kept meals in her room and had a personal refrigerator that was not cool on observation. Staff found the refrigerator at 48.9 degrees with no thermometer or temperature log, while the DON stated residents monitor their own refrigerators and nursing should help with the contents. The facility policy stated the refrigerator compartment should be maintained at 35-41 degrees.

Fine: $51,756
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Monitor and Label Food in a Resident’s Personal Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident with intact cognition and multiple medical diagnoses had a personal refrigerator containing an unlabeled, undated container with visibly spoiled contents, which remained in place on repeat observation. The resident reported storing snacks but was unaware of the requirement to date items and did not know about the container. The assigned CNA and LVN both confirmed the presence of the unlabeled, undated food and gave differing or incomplete understandings of responsibility for checking personal refrigerators, while the DON stated that all staff, overseen by charge nurses, were responsible for weekly monitoring and for ensuring perishable items in residents’ refrigerators were labeled and dated per facility policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Perform Daily Temperature Monitoring of Residents’ Personal Refrigerators
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility failed to follow its policy requiring daily temperature monitoring and documentation for residents’ personal in-room refrigerators and freezers used to store food brought by families and visitors. Several residents with multiple chronic conditions and varying cognitive status had personal refrigerators containing perishable items such as milk and ice cream, but temperature logs showed entries on only some days, with gaps where no temperatures were recorded. Although observed temperatures were within acceptable ranges at the time of survey, logs for multiple refrigerators were incomplete, and staff interviews revealed confusion over which department was responsible for daily temperature checks and that existing rounding tools did not instruct staff to verify refrigerator and freezer temperatures as required by policy.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

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