F 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to and the facility must promote and facilitate resident self-determination through
support of resident choice.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to honor a resident's preference and did not
respond timely to resident's request for a Coronavirus Disease 2019 (COVID-19) booster vaccine for 1 of 4
residents reviewed for choices, of a total sample of 40 residents, (#113).Findings: Review of the medical
record revealed resident #113, a [AGE] year-old female, was originally admitted to the facility on [DATE]
and readmitted from an acute care hospital on [DATE]. Her diagnoses included cerebra ischemia (stroke),
type 2 diabetes, insomnia, and anxiety disorder. Review of resident #113's quarterly Minimum Data Set
(MDS) assessment with an Assessment Reference Date of 10/13/25 revealed a Brief Interview for Mental
Status score of 14 out of 15, indicating intact cognition. The MDS assessment noted no behavioral
symptoms and no rejection of care or treatment during the look-back period. On 1/12/26 at 9:51 AM,
resident #113 stated she requested a COVID-19 booster vaccine in October 2025 and was still waiting to
receive it. She reported she was told the vaccine was not available. On 1/14/26 at 9:50 AM, Registered
Nurse (RN) F stated resident #113 mentioned she wanted to receive the COVID-19 booster vaccine. RN F
indicated she spoke with the Infection Preventionist (IP), who told her the vaccine had already been
administered. RN F explained nursing staff provided education regarding vaccines and, at times, obtained
consent, while the IP was responsible for follow up and administration of the vaccines. Review of resident
#113's medical record revealed an Informed Consent for COVID-19 Vaccine form dated 11/04/25. The form
showed resident #113 consented to receive the COVID-19 vaccine. The form was signed by the IP and
documented the verbal consent from resident #113. Review of resident #113's November 2025 Medication
Administration Record (MAR) revealed COVID-19 vaccine order was entered on 11/12/25 but was not
administered. The MAR showed a COVID-19 order was again entered on 11/17/25 with code 9
documented, indicating Other / See Nurse Notes. Review of resident #113's Progress Notes revealed a
note dated 11/17/25 indicating the facility was waiting on the pharmacy for the COVID-19 vaccine booster.
On 1/14/26 at 11:39 AM, the IP stated approximately 15 residents wanted to receive the COVID-19 booster
vaccine. She indicated physician orders were obtained; however, the vaccines were not acquired due to
insurance-related issues and cost concerns. She stated the issue was being handled by the finance
department and the Director of Nursing (DON). The IP acknowledged resident #113 wanted the COVID-19
vaccine and stated the resident was upset with her for not administering it. On 1/15/26 at 11:00 AM, the IP
further stated that on 12/16/25, she and the DON received a list from the Finance Manager identifying
residents with Medicare Part B coverage that may pay for the vaccine. She acknowledged she did not follow
up regarding resident #113's request for the COVID-19 vaccine. She also stated she did not have access to
the pharmacy online system and indicated that during her nearly three years at the facility, she had not
ordered or administered COVID-19 vaccines. On 1/15/26 at 11:34 AM, the DON explained once consent
was obtained and a physician order was issued, an order should be entered into the system to obtain
(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 5
Event ID:
106074
Printed: 05/28/2026
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
106074
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/15/2026
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Kissimmee Gardens
1120 W Donegan Ave
Kissimmee, FL 34741
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 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
the vaccine from the pharmacy. She stated influenza and pneumonia vaccines typically arrived within three
to five days once ordered, but COVID-19 vaccines could take longer, due to authorization requirements
through Medicare Part B or other insurance. She indicated she needed to verify timeframes with the IP. On
1/15/26 at 1:23 PM, during a telephone interview, the Pharmacy Representative stated COVID-19 vaccine
orders were submitted using an electronic form, the same process used for influenza vaccines. Upon
review of her system, she indicated she did not see any COVID-19 vaccine orders submitted by the facility.
She stated if the vaccine was not ordered electronically with the correct form, the pharmacy would not
dispense it, and the facility would need to follow up. She further stated COVID-19 and influenza vaccines
were ordered as bulk vaccines and were not resident-specific. On 1/15/26 at 2:15 PM, in a joint interview
with the Administrator (NHA) and the DON, both stated they were not aware of any issues related to
obtaining or administering COVID-19 vaccines. The NHA shared the IP attended daily stand-up and Quality
Assurance and Performance Improvement meetings and had not raised any concerns. The NHA stated she
expected the IP to manage all aspects of the immunization process. Later, at 2:55 PM, the NHA stated she
spoke with the Pharmacy General Account Manager, who confirmed the IP had access to place vaccine
orders electronically. The NHA indicated Pharmacy General Account Manager was unable to identify the
last date COVID-19 vaccines were ordered. The NHA stated the IP had received the same pharmacy
training as other nursing management staff when the facility contracted with the pharmacy provider
approximately one year earlier. Review of the facility's policy titled COVID-19 Vaccine - Resident, revised
11/17/21, revealed the vaccine was to be offered to residents and ordered through the pharmacy partner,
local or state public health agency, or through arrangements with a vaccine provider to administer the
vaccine. Review of the facility's policy titled Resident Rights, dated 11/30/24, revealed the facility's intent to
ensure resident rights were known to staff.
Event ID:
Facility ID:
106074
If continuation sheet
Page 2 of 5
Printed: 05/28/2026
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
106074
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/15/2026
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Kissimmee Gardens
1120 W Donegan Ave
Kissimmee, FL 34741
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 0842
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Safeguard resident-identifiable information and/or maintain medical records on each resident that are in
accordance with accepted professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to maintain accurate documentation for
application and removal of Thromboembolic Deterrent (TED) hose for 1 out of 1 residents sampled for
application of TED hose, of a total sample of 40 residents, (#45).Findings: TED hose are stockings that help
prevent blood clots and swelling in your legs, (retrieved from www.drugs.com on 1/16/26).Resident #45 was
admitted to the facility on [DATE] with diagnoses that included partial weakness and paralysis after a stroke
affecting the right dominant side, heart disease, altered mental status and major depressive disorder. A
review of the Annual Minimum Data Set (MDS) assessment with reference date 10/19/25 revealed resident
#45 had a Brief Interview for Mental Status Score of 13 out of 15, which indicated normal cognition.A
review of the medical record revealed on 12/10/25 change in condition documentation of pitting edema in
the right lower leg for resident #45 and physician's orders initiated on 12/10/25 directing nursing staff to
apply TED stocking on in the morning and off at night for venous stasis. The Medication Administration
Record (MAR) revealed that nurses checked off that TED hose stockings were applied and removed from
12/10/25 to 1/13/26 with the exception of the date 12/28/25. There was no corresponding documentation in
the nurses' progress notes about resident # 45's refusal to wear the TED hose, nor was there an issue with
supply nor size of resident #45's TED hose.On 1/12/26 at 10:31 AM, resident #45 was in his wheelchair in
the hallway and was not wearing the TED hose. The MAR for that day indicated documentation that showed
the hose was applied.On 1/13/26 at 2:49 PM, resident #45 was in bed and was not wearing the TED hose
stockings. He stated he did not wear the TED hose but did not give a reason why. The MAR for 1/13/26
contained documentation the hose was applied.On 1/13/26 at 4:00 PM, in a joint interview with assigned
RN B and the Sunflower Way Unit Manager (UM), the RN acknowledged resident #45 did not have the
physician ordered TED hose on. The nurse stated he was not aware of the order for the TED hose and
explained possibly it was a new order. He confirmed the MAR with his documentation that the TED hose
had been applied on 1/12/26 and for that day, 1/13/26. He was unable to say why he had checked off that
the hose was applied and said he may have checked it off in error. RN B confirmed the documentation in
the record was incorrect and should not show the TED hose was applied to the resident on 1/12/26 and
1/13/26. At that time, the UM verified together with RN B confirmed the physician order was not new and
was placed on 12/10/25. The UM verified another mistake in the medical record, when the nurse on the
night shift had incorrectly documented she removed the stockings on 1/12/26 even though they were never
applied. On 1/13/26 at 4:10 PM, RN E in a telephone call, did not recall what happened but explained she
must have documented in error.On 1/13/26 at 4:17 PM, the Sunflower Way UM acknowledged the
documentation on the MAR was incorrect for 1/12/26 and 1/13/26. With the resident's permission to look
into his drawers, the UM found the TED hose. Resident #45 stated he had never worn them, and he did not
wish to wear them. The UM verified the physician should be notified the resident did not wish to wear the
ordered TED hose.On 1/14/26 at 11:30 AM, the assigned Certified Nursing Assistant (CNA) C said that
resident #45 often refused care, would refuse to wear his brace, and did not wear the TED hose. The CNA
said she did not recall putting the hose on him. 1/14/26 at 12:47 PM, resident #45's sister and his POA
stated she visited once or twice a week and had never seen resident #45 with the TED hose on.On 1/15/26
at 2:45 PM, the Director of Nursing and the Nursing Home Administrator acknowledged nurses were
expected to accurately document whether orders were implemented in the medical record and not simply
check off boxes.The facility's policy on Clinical/Medical Records revised on 8/25/17 indicated that clinical
records were maintained in accordance
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
106074
If continuation sheet
Page 3 of 5
Printed: 05/28/2026
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
106074
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/15/2026
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Kissimmee Gardens
1120 W Donegan Ave
Kissimmee, FL 34741
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 0842
with professional practice standards to provide complete and accurate information on every resident for
continuity of care.
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
106074
If continuation sheet
Page 4 of 5
Printed: 05/28/2026
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
106074
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/15/2026
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aviata at Kissimmee Gardens
1120 W Donegan Ave
Kissimmee, FL 34741
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 0880
Provide and implement an infection prevention and control program.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview, and record review, the facility failed to follow appropriate hand hygiene
during medication administration and failed to sanitize equipment between residents per infection control
standards to prevent cross-contamination and the spread of infection, for 1 of 4 nurses reviewed for
medication administration.Findings: On 1/13/26 at 9:00 AM, Licensed Practical Nurse (LPN) A was
observed for a medication pass on resident #128. She took resident #128's blood pressure, set the used
cuff on top of her cart, but did not clean or sanitize it. The nurse made two trips to the medication room,
touched the medication machine, handled the medications, but did not perform any hand hygiene. She
entered the resident's room three different instances passing the hand sanitizer dispenser located to the
right of the doorway each time. There was also a full bottle of alcohol-based hand sanitizing solution on her
cart, which she did not use. On 1/13/26 at 9:18 AM, LPN A confirmed she was aware she should sanitize
her hands with alcohol-based hand sanitizing solution each time she entered or exited a room. She said, I
forgot, I'm so sorry. On 1/14/26 at 11:42 AM, the Infection Preventionist confirmed all staff had regular
training on infection prevention including hand hygiene. She said staff were expected to perform hand
hygiene before they handled medications, before and after they put on gloves, between residents, before
they go into the medication room, and after they come out of any room, to avoid contamination. The
Infection Preventionist explained that sometimes staff got busy and forgot but stressed that handwashing
was important to prevent germ transmission. Review of the 2025 education log revealed all staff were
educated on infection control once a month for the last year, excluding the month of September. On 1/15/26
at 10:45 AM, the Director of Nursing explained the best way to control infection, We have educated our staff
since the day they were hired on hand hygiene, personal protective equipment, and to clean equipment
before and after use. Review of the Hand Hygiene policy dated 2/05/21 read, Hand hygiene should be
performed before and after patient care, after contact with inanimate objects (including medical equipment),
and antiseptic hand wash or rub may be used. Review of the Medication - Oral Administration policy and
procedure, dated 8/15/19 directed staff to, Perform hand hygiene prior to [when] administration begins.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
106074
If continuation sheet
Page 5 of 5