F 0623
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide timely notification to the resident, and if applicable to the resident representative and ombudsman,
before transfer or discharge, including appeal rights.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to provide a 30-day notice to the resident and the resident's
representative(s) of the transfer or discharge and the reasons for the move in writing and in a language and
manner they understand before the resident was discharged for 1 of 1 (Resident #101) reviewed for
Discharge Rights.
The facility did not provide a written discharge notice to Resident #101 (who admitted on [DATE] and
discharged on 08/30/23) or their representative prior to discharging the resident, not allowing the 30-day
advance notice. The facility discharged Resident #101 to a behavioral hospital.
This failure could place residents who are transferred or discharged from the facility, at risk for not receiving
care and services to meet their needs upon discharge and the right to appeal.
Findings included:
Record review of Resident #101's face sheet dated 01/09/24 indicated Resident #101 was a [AGE] year-old
male who admitted on [DATE], readmitted on [DATE] with diagnoses including hepatic failure (loss of liver
function), major depressive disorder (a mood disorder that causes a persistent feeling of sadness and loss
of interest and can interfere with your daily activities) and anxiety (a feeling of worry nervousness, or
unease). He was discharged to a behavioral hospital on [DATE].
Record review of a quarterly MDS assessment dated [DATE] indicated Resident #101 had a BIMS score of
6 out of 15 indicating severely impaired cognition and diagnoses of liver failure, anxiety, and depression. He
was coded under delirium for inattention as the behavior is present but fluctuates and mood as feeling
down, depressed, or hopeless and trouble falling or staying asleep or sleeping too much for 2 to 6 days
during the 7-day look back period.
Record review of a nurses note dated 08/30/23 indicated Resident #101 was being discharged from the
facility to a behavior hospital by ambulance. The note indicated Resident #101's responsible party (RP)
stated her family member would come to the facility on [DATE] and pick up the rest of Resident #101's
belongings.
Record review of a discharge summary signed 09/30/23 indicated Resident #101 discharged [DATE] to a
behavior hospital by ambulance with diagnoses including major depressive disorder, anxiety, and hepatic
failure. The note indicated the resident's family picked up his belongs due to the resident not returning to
the facility per Resident #101's RP.
(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:
455001
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
455001
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/10/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Beaumont
4195 Milam St
Beaumont, TX 77707
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 0623
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During an interview on 01/09/24 at 10:00 a.m., Case Manager C said she was the case manager on duty
today at the behavioral hospital Resident #101 was transferred to. She said Case Manager B was Resident
#101's case manager but she was off this week. Case Manager C said she could provide information from
Case Manager C's notes. Case Manager C said the facility told them they would not take Resident #101
back and did not help find placement for him. She said the family said the facility kicked Resident #101 out.
The behavior hospital provided the family with resources to find placement and placed him in a personal
care home. Case Manager C said the facility should have been more active in finding placement for
Resident #101. She said they did not find placement for residents. Case Manager C said the nurses at the
behavioral hospital did the admissions; the case managers did discharges. She said the facility sending the
resident to the behavioral hospital was responsible for finding alternate placement for residents or they
were responsible for taking them back. Case Manager C said the behavioral hospital attempted 3 times on
09/13, 09/14 and 09/15/23 to return Resident #101 to the facility who sent him, but the facility refused to
admit him back. Case Manager C said the notes did not indicate who refused but indicated spoke to facility.
Case Manager C said were told by the facility the family discharged the resident. She said the DON said
the family took him out and wanted him out of the facility. Case Manager C called the family for the
discharge plan and received no answer. She said the family later said Resident #101 was kicked out of the
facility.
During an Interview on 01/09/24 at 10:11 a.m., Resident #101's RP said he was sent out and the facility did
not accept him back. She said the facility had to give them a 30-day notice before making him leave and did
not. The RP said she did not plan to move the resident to another city. The RP said she got Resident #101's
belongings when he was sent to the behavioral hospital because he was kicked out in the middle of the
night. The RP said Resident #101 was now at another facility.
During an Interview on 01/10/24 at 2:52 p.m., the SW said Resident #101 was not given a discharge notice.
She said the facility was going to provide one but Resident #101 transferred to a behavioral hospital and
never returned to the facility. The SW said when Resident #101 went to the behavioral hospital his RP
picked up Resident #101's belongings and said he was not returning to the facility. She said she did not
speak with the behavioral hospital on any attempts to return the resident. The SW said she inquired at 7
nursing homes to assist with placement of Resident #101 with no positive response. The SW said she was
not involved in admissions or readmissions. She said Resident #101 could take care of himself; he would
need a follow up with his primary care physician and a care giver to watch him in the evening if he was
wandering.
During an interview on 01/10/24 at 3:00 p.m., the DON said Resident #101 was not given a 30-day
discharge notice because he left for a behavioral hospital and at the time of transfer the family said they
wanted him transferred to a facility in another city so he would not return to this facility. She said the family
picked up Resident #101's belongings and signed his personal inventory sheet. The DON said Resident
#101's family did not like him being on the locked unit. She said the facility was under the assumption that
Resident #101 was not returning to the facility. The DON said the behavioral hospital called the facility one
time to report and she informed them the family had taken his belongings and discharged him. She said the
family did not want him here and he was no longer their resident. The DON said the risk of not providing a
30-day notice was the potential of not giving the family time to make a safe discharge.
During an interview on 01/10/24 at 3:10 p.m., the Administrator said Resident #101 was not provided a
30-day discharge notice. She said if he had continued to stay at the facility, she should have provided one.
The Administrator said she could not meet his needs; the resident did not want to be here, and the family
did not want him here. The Administrator said the family wanted Resident #101
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455001
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
455001
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/10/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Beaumont
4195 Milam St
Beaumont, TX 77707
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 0623
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
closer to family in another city. The Administrator said the behavior hospital accepted Resident #101 on the
pretense that the resident and family did not want him to return to this facility and the facility could not meet
his needs. She could not remember the name of whom she had spoken to. The Administrator said she
informed the behavioral hospital she would help find placement for him if needed. She said the family had
packed up all of Resident #101's belongings, signed his personal inventory sheet, discharged him, and said
he was not returning. She said she thought it had just worked out. The Administrator said when Case
Manager B at the behavioral hospital called wanting to readmit him, she said no because she had
established with the hospital prior to them accepting him that he would go to another facility on discharge
due to the family not wanting him to return. She informed the behavioral hospital she would assist finding
him placement as needed. She said Case Manager B stated she understood, and she did not hear from the
behavioral hospital after that and thought it was taken care of. The Administrator said she was responsible
for giving residents a 30-day discharge notice. She said the risk of a resident not given the proper 30-day
notice was a family may not be set up to properly care for a Resident.
During an Interview on 01/10/24 at 3:00 p.m., Activities Staff A said she was unsure if the facility provided a
30-day discharge notice to Resident #101. She said Resident #101 packed up his items frequently and said
he was leaving. She said she frequently heard him say he was leaving, telling other residents he was
leaving, and someone was coming to get him. He did not say where he was going or who was coming to
get him.
Record review of a facility policy, revised March 2021, titled, Transfer or Discharge Notice indicated,
.Residents and/or representatives are notified in writing, and in a language and format they understand, at
least thirty (30) days prior to a transfer or discharge.d. discharge refers to the movement of a resident from
a bed in one certified facility to a bed in another certified facility or other location in the community, when
return to the original facility is not expected.7. Residents have the right to appeal a facility-initiated transfer
or discharge through the state agency that handles appeals.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455001
If continuation sheet
Page 3 of 3