F 0558
Reasonably accommodate the needs and preferences of each resident.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record review the facility failed to ensure the right to reside and receive
services in the facility with reasonable accommodation of needs and preferences for one (1) of eight (8)
residents (Resident #1) reviewed for reasonable accommodation of needs. The facility failed to ensure the
call light system in Resident #1's room was in a position accessible to the resident on 12/29/2025. This
failure could place the residents at risk of being unable to obtain assistance when needed and help in the
event of an emergency.The findings included: Record review of Resident #1's admission Record, dated
12/30/2025, revealed a [AGE] year-old male admitted on [DATE] and re-admitted on [DATE]. Record review
of Resident #1's Diagnosis Report, dated 12/30/2025, revealed diagnoses including cerebral ischemia (a
condition in which a blockage in an artery restricts the blood flow to the brain resulting in damage to brain
tissue), unspecified lack of coordination, muscle wasting and atrophy (the shrinking of muscle or nerve
tissue), history of falling, and severe intellectual disabilities (a limitation in cognitive functioning and
adaptive behavior which affects a person's ability to learn, communicate, and perform everyday tasks).
Record review of Resident #1's Annual MDS, dated [DATE], reflected Resident #1 had a BIMS score of 0.0,
indicating he was severely cognitively impaired. Record review of Resident #1's Quarterly MDS, dated
[DATE], did not reflect Resident #1's mental status score. Resident #1 was documented as rarely/never
understood. He had range of motion impairment on both sides for upper and lower extremities, used a
wheelchair, and was dependent for his self-care and mobility needs. Record review of Resident #1's Care
Plan, dated last care conference 10/21/2025, reflected Resident #1 was at risk for falls due to impaired
mobility, inability to recognize safety/danger, and had a history of attempts to self-transfer, date as edited
08/03/2025. One of the approaches noted was Keep call light in reach at all times., date as edited
03/26/2025. During an observation and attempted interview on 12/29/2025 at 03:46 p.m., Resident #1, was
observed in his bed asleep. His call light was observed to be lying across the footboard of his bed and onto
the floor. Resident #1 was observed to not have a roommate and the second call light for the room was
observed lying on the floor between Resident #1's bed and the unoccupied space his roommate would
have occupied. Resident #1 was unrousable and did not wake up enough to follow directions or attempt to
demonstrate if he could have reached the call light. During an interview on 12/29/2025 at 03:46 p.m., CNA
A stated Resident #1's call light was out of reach as it was located on the end of his bed. She stated
Resident #1 would often throw his sheets, clothing, and the call light off his bed. CNA A stated Resident #1
was not impacted by the call light having been out of reach because he was not capable of using or
understanding how to use the call light, so staff were to keep an eye on him. During an interview on
12/31/2025 at 04:09 p.m. with the RNC and ADMIN, the RNC stated her expectation was for the call lights
to be in reach. She stated that many of the residents may not know or have the capability of knowing how to
use the call lights, but the resident should have been tested to determine if having the call light was a
Residents Affected - Few
(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 11
Event ID:
455020
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0558
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
benefit or detriment to the resident's safety. She stated the staff should be trained to ensure they review if a
resident should be care planned for a call light to be within reach, but if the care plan indicated that, then
the call light should be in reach. The ADMIN stated if a resident was care planned for a call light to be within
reach, then he expected the call light within reach. He stated the impact of the call light having been out of
reach would depend on the situation, since some of the residents were not capable of understanding how
or why to use it. Record review of facility policy, Call System, Residents, dated as revised September 2022
and updated January 2025, reflected Policy StatementResidents are provided with a means to call staff for
assistance through a communication system that directly calls a staff member or a centralized work station
[sic]. Policy Interpretation and Implementation1. Each resident is provided with a means to call staff directly
for assistance from his/her bed, from toileting/bathing facilities and from the floor.4. If the resident has a
disability that prevents him/her from making use of the call system, an alternative means of communication
that is usable for the resident is provided and documented in the care plan.
Event ID:
Facility ID:
455020
If continuation sheet
Page 2 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0695
Provide safe and appropriate respiratory care for a resident when needed.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review, the facility failed to post the required signage acknowledging the
use of oxygen in resident room per resident care policies and procedures. The polices and procedures for
respiratory care and services provided include, but are not limited to, the posting of cautionary and safety
signs indicating the use of oxygen for 1 of 1 Resident's for hall. The facility failed to post cautionary and
safety signs indicating the use of oxygen on 12/29/2025 for Resident #1's room. This failure could put
residents, family members, and all visitors at risk for potential harm due to the flammability of oxygen.The
findings included: Record review of Resident #1's admission Record, dated 12/30/2025, revealed a [AGE]
year-old male admitted on [DATE] and re-admitted on [DATE]. Record review of Resident #1's Diagnosis
Report, dated 12/30/2025, revealed diagnoses including cerebral ischemia (a condition in which a blockage
in an artery restricts the blood flow to the brain resulting in damage to brain tissue), unspecified lack of
coordination, muscle wasting and atrophy (the shrinking of muscle or nerve tissue), history of falling, and
severe intellectual disabilities (a limitation in cognitive functioning and adaptive behavior which affects a
person's ability to learn, communicate, and perform everyday tasks). Record review of Resident #1's
Annual MDS, dated [DATE], reflected Resident #1 had a BIMS score of 0.0, indicating he was severely
cognitively impaired. Record review of Resident #1's Quarterly MDS, dated [DATE], did not reflect Resident
#1's need for oxygen or mental status score. Resident #1 was documented as rarely/never understood. He
had range of motion impairment on both sides for upper and lower extremities, used a wheelchair, and was
dependent for his self-care and mobility needs. Record review of Resident #1's Order Summary Report,
dated 12/30/205, did not reflect Resident #1 as having an order for oxygen therapy. Record review of
Resident #1's Care Plan, dated last care conference 10/21/2025, did not reflect Resident #1 was currently
utilizing oxygen therapy for any listed diagnosis. During an observation and attempted interview on
12/29/2025 at 03:46 p.m., Resident #1 was observed in his bed asleep. Portable oxygen tank was in
resident room near sink and had no oxygen tubing attached. No noted signage on or around door to room.
During an interview with RNC on 12/30/2025 at 9:55a.m. when asked about the oxygen policy for the
facility, the response was I told them (facility staff) last week that it needs to be posted even if not
scheduled. RNC also stated that Oxygen should be posted if in room, regardless of scheduled or PRN.
During an interview on 12/31/2025 at 12:21p.m. LVN floor nurse stated when asked how they let people
know that oxygen could be in use in a room that there is supposed to be a sign on the door that says that
there is oxygen in the room. When also asked who is responsible for posting the signage floor LVN stated
that everybody is responsible for posting or ensuring it is posted. During an interview on 12/31/2025 at
04:09 p.m. with the RNC and ADMIN, both stated that when oxygen is in a room there should be a sign
posted noting this, even if oxygen is not actively in use. Record review of facility policy, Oxygen Storage,
dated as revised November 2022, reflected ‘Policy It is the policy of this center to maintain appropriate and
safe storage of oxygen.' Policy also states that ‘Storage areas will be clearly identified with a no smoking
sign posted on door.' Record review of facility policy. Oxygen Administration, dated October 2010, reflected
the steps in the procedure of administering oxygen as ‘Placing an ‘Oxygen in Use' sign on the outside of the
room entrance door.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455020
If continuation sheet
Page 3 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0732
Post nurse staffing information every day.
Level of Harm - Potential for
minimal harm
Based on observation and interview, the facility failed to post on a daily basis information that included the
facility name, current date, total number and actual hours worked by registered nurses, licensed practical or
licensed vocational nurses, certified nurse aides directly responsible for resident care per shift and the
resident census for 13 of 15 days (12/17/2025 - 12/29/2025) reviewed for posting of required information.
The facility failed to post the required current nurse staffing and census information from 12/17/2025 to
12/29/2025. This failure could place all residents, their families, and facility visitors at risk of not having
access to information regarding staffing data and the facility census. The findings included: During an
observation on 12/29/2025 at 03:52 p.m., a document labeled [facility name] Federal Staffing Posting,
dated 12/16/2025, was posted on a wall outside the initial nurses' station passed following entry to the
facility. The document included the following information: census and the number and hours worked of
registered nurses, licensed vocational nurses, medication aides, and certified nurse aides for day shift,
evening shift, and night shift. During an interview on 12/29/2025 at 03:55 p.m., ADON B revealed the SC
was new to her position and she was unsure if the SC had been taught the process of creating and
updating the nurse staffing and census posting. ADON B stated the WC Nurse was working with the SC
and initially focused on creating the staff schedule. ADON B stated the prior SC left suddenly the prior
week, but the nurse staffing and census posting was usually done every morning and posted. During an
interview on 12/30/2025 at 09:55 a.m., the RNC stated the facility did not have a policy on the daily nurse
staffing and census posting. She stated it was a state regulation, and the facility followed state regulations.
During an interview on 12/31/2025 at 09:20 a.m., the WC Nurse revealed the prior SC resigned two weeks
prior and she had been assisting the new SC in creating the schedule for the current month. The WC Nurse
stated she had not been involved in posting the nurse staffing and census posting and was unsure on the
procedure for the document. During an interview on 12/31/2025 at 11:12 a.m., the SC revealed she had
recently changed positions and became the SC. She stated the prior employee who was supposed to orient
her in the new position did not stay and she was learning the job responsibilities and procedures day by
day, which was resulting in some trial and error. She stated she had just been notified of the procedure for
posting the nurse staffing and daily census but had assumed someone else was covering this task. She
stated she was unsure how not having the daily census and nurse staffing information posted daily would
have impacted residents or facility guests because she was unsure if the residents or guests knew to look
for the posting. She stated that when residents or guests asked staff about facility staffing, the staff would
be capable of informing the resident or facility guest of the facility's standard staffing expectation for each
hall and shift. She stated the staffing schedule was also readily available for staff or facility guests to review.
During an interview on 12/31/2025 at 04:09 p.m. with the RNC and ADMIN, the RNC stated the SC was
responsible for posting the daily nurse staffing and census posting. She stated she was aware that ADON B
had provided the SC some training for her new position but was unsure what the training entailed. The RNC
stated the nurse staffing and census posting might possibly have been overlooked. She did not believe the
lack of posting the daily nurse staffing and census would impact anyone because the facility had a staffing
book readily available. The ADMIN stated he believed there was a breakdown in communication and
following the posting procedures after the prior SC left. He stated he had never had a resident or facility
guest request to view the posting, only surveyors, and therefore did not feel it impacted anything other than
meeting the requirement.
Residents Affected - Many
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455020
If continuation sheet
Page 4 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted
professional principles; and all drugs and biologicals must be stored in locked compartments, separately
locked, compartments for controlled drugs.
Based on observation, interview and record review, the facility failed to store over the counter medications
in accordance with currently accepted professional principles for medication storage room in secure Co-ed
unit. The facility failed to ensure that the medication storage room held no expired medications per state
and federal guidelines. This failure could cause adverse reactions to residents when ingesting expired
medications. The findings included: Observation of 4 expired supplemental shakes within the medication
room, each with an expiration date of 09/10/2025. Observation of the medication storage room in the
secured Co-ed unit on 12/30/2025 at 8:51a.m. revealed 4 expired supplemental shakes on the counter, with
expiration dates of 09/10/2025. Interview with CMA on 12/30/2025 at 8:51 surveyor asked CMA where
expired liquids, such as medications and supplements, were stored. CMA responded that they are usually
taken out of here and stored somewhere else. Surveyor then asked CMA What expiration date do you see
on this supplement? CMA responded It says it expires September of 2025. I will let my nurse know so she
can handle it. During an interview on 12/31/2025 at 12:10p.m. with RN on unit, surveyor asked RN about
supplements in the medication room in the secure Co-ed unit. RN stated that the supplements were there
because the resident would sometimes not eat. The dialysis clinic and the primary physician were trying to
determine who would write order for resident supplements, so they had an order but it was not filled yet due
to this. RN also stated that the medication aides were supposed to pull expired medications. During
interview on 12/31/2025 at 04:09p.m. with RNC and ADMIN, RNC stated that all expired medications,
whether over the counter or supplements, were to be pulled form medication rooms and disposed of
properly.
Event ID:
Facility ID:
455020
If continuation sheet
Page 5 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0801
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the
food and nutrition service, including a qualified dietician.
Based on interview and record review the facility failed to employ sufficient staff with the appropriate
competencies and skills set to carry out the functions of the food and nutrition service, taking into
consideration resident assessments, individual plans of care and the number, acuity and diagnoses of the
facility's resident population in accordance with the facility assessment for ten (10) of ten (10) kitchen staff
(Cook D, KS C, KS H, KS I, KS J, KS K, KS L, KS M, KS N, KS O) reviewed for qualified dietary staff . 1.
The facility failed to ensure all (Cook D, KS C, KS H, KS I, KS J, KS K, KS L, KS M, KS N, KS O) dietary
staff maintained their competencies and skills through regular in-service training. 2. The facility failed to
ensure KS C met the requirements for food handling by obtaining a current and valid Food Handler's
Certificate. These failures could place residents at risk of not having their nutritional needs met and
foodborne illnesses.The findings included: 1. During an interview on 12/30/2025 at 08:35 a.m., when asked
about providing kitchen staff trainings on completing food temperature logs, food labeling procedures, and
sanitation procedures for taking food temperatures, the DDS stated the staff do not get trainings but get a
text reminder. She stated the staff get sent a group text because they know what is to be done. The DDS
did not state how often or what the content of the group text reminders she had provided to the kitchen
staff. During an interview on 12/31/2025 at 01:59 p.m., the RDN revealed she expected the DDS to provide
the food service staff with ongoing staff education. She stated she had told the DDS about concerns she
had identified regarding the food temperatures in November 2025. The RDN stated she felt the kitchen staff
needed training and had been told by the DDS that the DDS was providing training. During an interview on
12/31/2025 at 04:09 p.m., the RNC revealed she could not believe that there was not any documentation of
food service staff trainings within the requested timeframe. She stated the DDS was not available today,
12/31/2025, but there should have been some food service training provided by the DDS and some training
provided by the RDN. During an interview on 12/31/2025 at 04:09 p.m., the ADMIN revealed he could not
locate food service staff in-service training documents dated within the requested 3-month period
(09/29/2025- 12/29/2025). He revealed the contracted food service company was changed around 2
months ago and he knew the prior company provided training. 2. Record review of a Certificate of Training
Awarded to [KS C] For successfully completing the Food Handler Essentials Course awarded to KS C,
dated as issued 11/30/2023, reflected the certificate was valid for 2 years indicating the certificate expired
on 11/30/2025. During an interview on 12/31/2025 at 04:09 p.m., the ADMIN revealed KS C was out of the
country and stated the DDS notified him she was sure KS C had retested for a current Food Handler
Certification, but they did not have the documentation. Record review of facility policy. Food Preparation and
Service, dated revised November 2022, did not reflect mention of food service staff training expectations or
qualifications. Record review of facility policy. Sanitation, dated revised November 2022, did not reflect
mention of food service staff training expectations or qualifications. Record review of TFER accessed on
01/02/2026 at 04:27 p.m. at https://www.dshs.texas.gov/licensing-foodhandler-training-programs, (Licensing
of Food Handler Training Programs | Texas DSHS) indicated: Licensing of Food Handler Training
ProgramsTexas requires that many food service employees complete an accredited food handler training
course within 30 days of getting a job. These courses train employees on food safety including good
hygiene practices, how to avoid cross contamination, and more.
Event ID:
Facility ID:
455020
If continuation sheet
Page 6 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0804
Ensure food and drink is palatable, attractive, and at a safe and appetizing temperature.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record review, the facility failed to serve foods that were palatable and
prepare food by methods that conserve nutritive value, flavor, and appearance for one (1) of one (1) kitchen
observed and one (1) of eight (8) residents (Resident #3) reviewed for food and nutrition services. The
facility failed to serve warm food to residents. These failures could place residents at risk of decreased food
intake, hunger, unwanted weight loss, and diminished quality of life. The findings included: Record review of
Resident #3's admission Record, dated 12/30/2025, revealed a [AGE] year-old female admitted on [DATE].
Record review of Resident #3's Diagnosis Report, dated 12/30/2025, revealed diagnoses including
moderate intellectual disabilities (a limitation in cognitive functioning and adaptive behavior which affects a
person's ability to learn, communicate, and perform everyday tasks), gastro-esophageal reflux disease
(also known as acid-reflux disease or GERD, when the stomach contents flow back into the esophagus and
cause discomfort such as heartburn), and dementia (a general term for impaired ability to remember, think,
or make decisions). Record review of Resident #3's Quarterly MDS, dated [DATE], reflected Resident #3
had a BIMS score of 13.0, indicating she was cognitively intact. Resident #3 was documented as not having
had any hallucinations or delusions. She used a walker and required supervision or touching assistance
when eating and walking. She had not lost or gained any significant weight in the last month or more than 6
months and received a regular diet type and texture. Record review of Concern/Grievance Forms revealed
two (2) grievance forms regarding food temperature. 1. Concern/Grievance Form, dated 12/05/2025,
communicated by Resident Council, reflected under describe concern in detail, food cold. The DDS was
noted as the staff member assigned responsibility for the investigation, and it was noted that the food
temperature logs were reviewed to assure the temperatures were within the required standard. The ADMIN
signed the form on 12/09/2025. 2. Concern/Grievance Form, dated 12/05/2025, communicated by Resident
#3's family/representative pertaining to Resident #3, reflected under describe concern in detail, food is
served too cold or not edible. The DDS was noted as the staff member assigned responsibility for the
investigation, and it was noted that the temperature log for the meal was reviewed and was within required
standards at the time of service. The DDS and the ADMIN signed the form on 12/08/2025. Record review of
document titled Resident council December 5, 2025, 2:00pm, reflected under Residents
Concerned.Thanksgiving lunch was cold. And [sic] Residents [sic] want better meals [sic] presentation.
Dinning [sic] information was giving [sic] to [the DDS] Dietary Manager. During an observation on
12/30/2025 at 08:05 a.m., the temperature of the food on the service line was checked by a food service
staff member directly after the last meal was served. The dining room was observed to be the last service
location for the residents' meals. The temperatures were observed to be: - oatmeal at 130 degrees
Fahrenheit or 5 degrees below the minimum temperature, - grits at 132 degrees Fahrenheit or 3 degrees
below the minimum temperature, - scrambled eggs at 146 degrees Fahrenheit or 11 degrees above the
minimum temperature,- sausage patties and links at 150 degrees Fahrenheit or 15 degrees above the
minimum temperature,- pureed bread at 132 degrees Fahrenheit or 3 degrees below the minimum
temperature,- pureed sausage at 112 degrees Fahrenheit or 23 degrees below the minimum temperature,pureed egg at 126 degrees Fahrenheit or 9 degrees below the minimum temperature, and - cream of wheat
at 142 degrees Fahrenheit or 7 degrees above the minimum temperature. During an interview on
12/30/2025 at 08:35 a.m., the DDS stated she had not received recent complaints regarding cold food. She
stated she tried to do temperature checks of the food on trays probably once a week, but she did not record
her checks. She stated she was just checking to ensure the food was hot. She stated her expectation was
for the food on
Residents Affected - Some
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455020
If continuation sheet
Page 7 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0804
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
the service line to be between 135-140 degrees Fahrenheit or higher. She stated food below that range was
not right. She stated the cooks took the temperature of the food before service but only she would take the
temperature of the food after service or on a tray and she did not document that temperature. She stated if
the food service staff did not document food temperatures, then they would not know if residents were
getting cold food. During an interview on 12/31/2025 at 10:50 a.m., Resident #3 revealed she thought the
food served was gross. She stated the food was cold and she did not feel good after she ate. She stated
that the food made her sick and she was unsure if she had lost weight. She stated she would eat in the
dining room per her preference. During an interview on 12/31/2025 at 01:59 p.m., the RDN revealed she
had observed food temperatures taken off the hot service line in November with all the temperatures within
appropriate range. She stated she had received complaints from residents regarding the puree diet,
especially the taste of the food. She stated the risk of food under the appropriate temperature range was
that there was a risk for serving unsafe or contaminated food. She stated the facility had not reported any
indicators for foodborne illnesses. During an interview on 12/31/2025 at 04:09 p.m. with the RNC and
ADMIN, the RNC stated she had not heard any complaints regarding the food temperature. The ADMIN
revealed he believed there was a grievance regarding food temperature from one person for one or two
days. The ADMIN revealed he believed the resident had said that the food was not warm enough or they
wanted their food to be warmer. Record review of facility policy, Food Preparation and Service, dated as
revised November 2022, reflected Policy StatementFood and nutrition services employees prepare,
distribute and serve food in a manner that complies with safe food handling practices.Policy Interpretation
and Implementation1. ‘Danger Zone' means temperatures above 31 degrees Fahrenheit (F) and below 135
degrees F that allow the rapid growth of pathogenic microorganisms that can cause foodborne illness.2.
‘Potentially Hazardous Food (PHF)' or ‘Time/Temperature Control for Safety (TCS) Food' means food that
requires time/temperature control for safety to limit the growth of pathogens (i.e., bacterial or viral
organisms capable of causing a disease or toxin formation). Examples of PHF/TCS foods include ground
beef, poultry, chicken, seafood (fish or shellfish), cut melon, unpasteurized eggs, milk, yogurt and cottage
cheese.Food Preparation, Cooking and Holding Time/Temperatures1. The danger zone for food
temperatures is above 41 [degrees] F and below 135 [degrees] F. This temperature range promotes the
rapid growth of pathogenic microorganisms that cause foodborne illness.3. The longer foods remain in the
‘danger zone' the greater the risk for growth of harmful pathogens. Therefore, PHF must be maintained at
or below 41 [degrees] F or at or above 135 [degrees] F.Food Distribution and Service1. Proper hot and cold
temperatures are maintained during food distribution and service. Foods that are held in the temperature
‘danger zone' are discarded after 4 hours.2. The temperatures of foods held in steam tables are monitored
throughout the meal service by food and nutrition service staff.3. If time is used in place of temperature as a
means of ensuring food safety, the amount of time PHF/TCS foods are held out of temperature control is
tracked and foods are discarded accordingly.
Event ID:
Facility ID:
455020
If continuation sheet
Page 8 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record reviews, the facility failed to store, prepare, distribute, and serve food in
accordance with professional standards for food service safety for 1 (Kitchen 1) of 1 kitchen reviewed for
food safety requirements. 1. The facility failed to label and date a container of cheesecake, a container of
mashed potatoes, and a container of carrots in the walk-in refrigerator. 2. Food service staff failed to ensure
temperatures of foods were checked as required for food safety for all three meals on 12/24/2025,
12/25/2025, and 12/28/2025; for breakfast on 12/26/2025 and 12/27/2025, and for breakfast and lunch on
12/29/2025. 3. [NAME] D failed to utilize the food safe appropriate temperature probe wipes when sanitizing
the temperature probe between food items. This failure could place residents at risk for spread of infections,
food contaminations, food-borne illnesses, and diminished quality of life. The findings included: 1. During an
observation and interview on 12/29/2025 at 04:59 p.m., three sealed plastic containers: one with a white
dense substance, one with a brownish white dense substance, and one with what appeared to be sliced
carrots were identified in the walk-in refrigerator. The three containers were undated or labeled. [NAME] D
identified the containers as having been without a label and date and stated the items were cheesecake,
mashed potatoes, and carrots from yesterday's (12/28/2025) service. He was observed to take the items
out of the walk-in refrigerator and stated he was going to throw the items out. 2. Record review of Serving
Temperatures, dated December 2025, provided by [NAME] D on 12/29/2025 at 05:04 p.m.
reflected:12/24/2025- no temperatures were documented for Breakfast, Lunch, or Dinner.12/25/2025- no
temperatures were documented for Breakfast, Lunch, or Dinner.12/26/2025- no temperatures were
documented for Breakfast.12/27/2025- no temperatures were documented for Breakfast.12/28/2025- no
temperatures were documented for Breakfast, Lunch, or Dinner.12/29/2025- no temperatures were
documented for Breakfast or Lunch. Dinner service had not started. The temperature log did not have any
staff names, initials, signatures, or times to indicate who checked the temperatures, when the temperatures
were checked, or who was responsible for checking them. During an interview on 12/29/2025 at 05:00 p.m.,
[NAME] D stated he worked 12/28/2025 in the morning, Breakfast and Lunch service, and due to having
been so busy, he had not taken food temperatures at all. He revealed he had also worked 12/24/2025 and
was not sure why the food temperatures were not documented. He stated he did not work on the other
dates noted. 3. During an observation on 12/29/2025 at 05:25 p.m., [NAME] D was observed taking food
temperatures of the food on the hot line. He was observed after taking the temperature of one food item, to
wipe the food thermometer probe with a Sani-Cloth before inserting the food temperature probe into the
next food item. Record review of Safety Data Sheet for Super Sani-Cloth Germicidal Wipes, dated revised
06/03/2020, reflected under Recommended use, Use as a disinfectant on hard, non-porous surfaces. Under
Toxicological [the study of the harmful effects of chemicals, substances, or environmental agents on living
systems] information, for Ingestion [swallowing], Specific test data for the substance or mixture is not
available. Ingestion may cause gastrointestinal irritation, nausea, vomiting and diarrhea. May be harmful if
swallowed. During an interview on 12/30/2025 at 08:35 a.m., the DDS stated she was not told about
unlabeled foods having been identified the day prior, 12/29/2025. She revealed she had completed a
walk-through inspection herself that morning, 12/30/2025 and found some unlabeled food items. She stated
she had sent a group text to her food service staff because they knew what is to be done. She did not
specify the contents or specific subject matter of the group texts she was sending to the food service staff.
She stated the impact of foods not having a date was that if the staff used the food, the food could be old
and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455020
If continuation sheet
Page 9 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
residents could get sick. She stated she did not provide staff with training on labeling the food but did send
a reminder to them. She stated she had not provided training to staff regarding logging and taking food
temperatures but had reminded them. She stated, a lot of times, they (the food service staff) have a habit of
writing down the temperatures on a piece of paper and then don't record them. She stated the impact of the
staff not writing down the food temperatures was that they could not determine if the residents were getting
cold food or not. She stated she expected staff to use a napkin or paper towel and then a probe wipe when
cleaning the temperature probe between foods. She stated staff were not to use the Sani-Cloths. She
stated she did not know staff had used the Sani-Cloths, but the dietitian had recommended to not use
them, and staff were aware of that recommendation. During an interview on 12/31/2025 at 01:59 p.m., the
RDN revealed she had completed kitchen tours in November and December of 2025 and had noted
unlabeled and undated items in the refrigerator both times. She stated she talked to the food service staff,
including the dietary manager, and her back-up following her tours and had sent a report regarding her
findings to the DDS and the ADMIN. She stated the impact of foods having not been labeled or dated could
be that there was a risk of food contamination. She stated she had observed blanks in the food temperature
logs during her tours and did believe the temperatures had been missed. She stated she had spoken to the
DDS about the log, and it was mentioned in her report to the DDS and the ADMIN. She stated the risk of
not having food temperatures documented was that the residents were at risk for contamination of their
food and having been served unsafe food. She stated the food service staff should not be using the
Sani-Cloths for wiping the temperature probe. She revealed she had not observed the staff doing that but
had told them how important it was to follow food sanitation and safety guidelines. She stated that there
were certain things that they should not deviate from, and Sani-Cloths were not food grade, and therefore
could be contaminated, thus contaminating the residents' food. She stated the Sani-Cloths were not made
to be in contact with food. During an interview on 12/31/2025 at 04:09 p.m. with the RNC and ADMIN, the
RNC stated the impact of foods having not been labeled and dated was that the food could be spoiled and
could result in foodborne illnesses if consumed. She stated she was unable to answer how using the
Sani-Cloth could impact residents. The RNC and ADMIN both stated they had not had any notifications of
foodborne illnesses and had not received a report from the RDN. Record review of facility policy, Food
Preparation and Service, dated as revised November 2022, reflected Policy StatementFood and nutrition
services employees prepare, distribute and serve food in a manner that complies with safe food handling
practices.Policy Interpretation and Implementation .General Guidelines .2. Cross-contamination can occur
when harmful substances, i.e. chemical or disease-causing microorganisms are transferred to food by
hands (including gloved hands), food contact surfaces, sponges, cloth towels, or utensils that are not
adequately cleaned.4. When verifying food temperatures, staff use a thermometer which is both clean,
sanitized, and calibrated to ensure accuracy.Food Distribution and Service .2. The temperatures of foods
held in steam tables are monitored throughout the meal service by food and nutrition service staff.3. If time
is used in place of temperature as a means of ensuring food safety, the amount of time PHF/TCS foods are
held out of temperature control is tracked and foods are discarded accordingly. Review of the FDA Food
Code 2022 https://www.fda.gov/food/retail-food-protection/fda-food-code accessed 01/02/2026 revealed:
3-602.11 Food Labels. (A) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as specified
in LAW, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and
containers.(B) Label information shall include:(1) The common name of the FOOD, or absent a common
name, an adequately descriptive identity statement;(2) If made from two or more ingredients, a list of
ingredients and sub-ingredients in descending order of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455020
If continuation sheet
Page 10 of 11
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
455020
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/31/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at New Braunfels
821 US Hwy 81 W
New Braunfels, TX 78130
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
predominance by weight, including a declaration of artificial colors, artificial flavors and chemical
preservatives, if contained in the FOOD.(3) An accurate declaration of the net quantity of contents;(4) The
name and place of business of the manufacturer, [NAME], or distributor; and(5) The name of the FOOD
source for each MAJOR FOOD ALLERGEN contained in the FOOD unless the FOOD source is already
part of the common or usual name of the respective ingredient. (6) Except as exempted in the Federal
Food, Drug, and Cosmetic Act S 403(q)(3) - (5), nutrition labeling as specified in 21 CFR 101 - Food
Labeling and 9 CFR 317 Subpart B Nutrition Labeling.
Event ID:
Facility ID:
455020
If continuation sheet
Page 11 of 11