F 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure that all alleged violations involving
abuse, or mistreatment were reported immediately, but not later than 2 hours after the allegation was made,
if the events that caused the allegation involved abuse or resulted in serious bodily injury, to the
administrator of the facility and to other officials (including to the State Survey Agency and adult protective
services where state law provides for jurisdiction in long-term care facilities) in accordance with State law
through established procedures for 1 of 4 residents (Resident #7 and Resident #6) reviewed for abuse and
neglect. The facility failed to report to Health and Human Services Commission an alleged incident of verbal
abuse by Resident #6 towards Resident #7 on or about 07/2025. This failure could place residents at risk
for abuse, humiliation, intimidation, fear, shame, agitation, and a decreased quality of life.Findings
include:Resident #7Record review of a face sheet dated 10/01/25 indicated Resident #7 was a [AGE]
year-old female initially admitted to the facility on [DATE] with diagnoses which included anxiety (intense,
excessive and persistent worry and fear about everyday situations), mood disorder (disturbance in a
person's mood), bipolar disorder (a disorder associated with episodes of mood swings ranging from
depressive lows to manic highs). Record review of the Comprehensive MDS assessment dated [DATE]
indicated, Resident #7 was able to make herself understood and understood by others. The MDS
assessment indicated Resident #7 had a BIMS score of 4 which indicated Resident #7 severely cognitively
impaired. The MDS assessment indicated Resident 7 was dependent on staff for all ADLs except partial
assistance for eating and oral care. Record review of Resident #7's care plan with a target date of
12/24/2026 indicated she had a psychosocial well-being problem related to anxiety, dependent behavior,
family discord, inability to solve problems with a goal to adjust and maintain ability to seek social contact
and stimulation. Record review of Resident 7's Order Summary Report dated 10/01/25 indicated:
Olanzapine Oral Tablet 15 MG (Olanzapine) Give 1tablet by mouth at bedtime related to bipolar disorder,
current episode depressed, severe, with psychotic features. Record review of Resident #7's nursing
progress note dated 07/11/25 indicated day 1/3 room change. Resident #7 was tolerating well. Record
review of Resident #7's electronic data record indicated no further documentation of room change or why it
was needed. Resident #6Record review of a face sheet dated 10/01/25 indicated Resident #6 was a [AGE]
year-old female initially admitted to the facility on [DATE] with diagnoses which included systemic lupus
erythematosus(an illness that occurs when the immune system attacks healthy tissues and organs), bipolar
( (a disorder associated with episodes of mood swings ranging from depressive lows to manic highs),
depression, anxiety (intense, excessive and persistent worry and fear about everyday situations), mild
cognitive impairment, and insomnia (inability to sleep),. Record review of the Comprehensive MDS
assessment dated [DATE] indicated Resident #6 was able to make herself understood and was understood
by others. The MDS assessment indicated Resident #6 had a BIMS score of 15 which indicated Resident
(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 22
Event ID:
455429
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
#6 was cognitively intact. The MDS assessment indicated Resident #6 was independent with eating and
oral hygiene, required set up personal hygiene, supervision of dressing, and dependent for toileting
hygiene. Record review of Resident #6's care plan with a target date of 12/24/2025 indicated she was at
risk for complications due to refusing care with a goal of no complications related to refusing care through
next review. Record review of Resident 6's Order Summary Report dated 10/01/25 : Oxcarbazepine Oral
Tablet 300 MG (Oxcarbazepine) Give 1 tablet by mouth two times a day related to bipolar disorder. During
an interview on 09/27/25 at 06:30 PM, Resident #6 stated the facility removed Resident #7 from her room
on or about 7/2025 and she was not told why. Resident #6 stated Resident #7 was her family member and
wanted Resident #7 placed back into the same room. [During an interview on 10/01/25 at 1:15 PM, the
Administrator stated a couple of months ago, Human Resources and the Maintenance Supervisor reported
Resident #6 threatened to push Resident #7 out of a window like she did her first husband. The
Administrator stated she immediately called Ombudsman M and reported the incident. The Administrator
stated Ombudsman M advised her to separate Resident #6 and Resident #7. The Administrator stated she
separated the residents but did not write a report or report it to HHSC. The Administrator stated she was
the abuse coordinator. The Administrator stated allegations of abuse should have been reported to HHSC.
The Administrator said it was important to ensure allegations of abuse were reported to HHSC to ensure a
thorough investigation was completed and to protect the residents from further abuse. During an interview
on 10/01/25 at 3:16 PM, the Maintenance Supervisor stated he was not present when Resident #6
threatened Resident #7. The Maintenance Supervisor stated Resident #6 would often talk over Resident
#7. He stated he would hear Resident #6 yelling at times but was unsure if anything was said. During an
interview on 10/01/25 at 3:24 PM, Human Resources stated a couple of months ago she was performing
angel rounds on Resident #6 and Resident #7's hall. Human Resources stated she heard Resident #6
talking very rudely to Resident #7. Human Resources said Resident #6 stated, I'll do you like I did your
[family member] and throw you out the window. Human Resources stated several of the CNAs stated
Resident #6 was always saying things like that to Resident #7. Human Resources stated she immediately
reported the incident to the Administrator, who was the abuse coordinator. During an interview on 10/01/25
at 3:57 PM, Ombudsman M stated she had years of history with Resident #6 and Resident #7.
Ombudsman M stated Resident #6 was verbally abusive to Resident #7. Ombudsman M stated a few
months ago with the Administrator called and stated the facility staff overheard Resident #6 threaten
Resident #7. Ombudsman M said she recommended that the Administrator separate Resident #6 and
Resident #7 unless she wanted to complete a self-report on verbal abuse to HHSC daily. Ombudsman M
stated she recommended the Administrator report the incident to HHSC. Record review of the facility's
Abuse , Neglect, Exploitation and Misappropriation Prevention Program with a revised date of 4/2021,
indicated, Residents have the right to be free from abuse, neglect.Upon receiving an allegation of abuse
committed against a resident, the staff member receiving the allegation must ensure the safety of the
resident and immediately notify the supervisor on duty.Investigate and report all allegations within
timeframes required by federal requirements.
Event ID:
Facility ID:
455429
If continuation sheet
Page 2 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 0656
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Develop and implement a complete care plan that meets all the resident's needs, with timetables and
actions that can be measured.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to develop and implement a comprehensive
person-centered care plan for each resident, consistent with the resident rights, that includes measurable
objectives and timeframes to meet a resident's medical, nursing, mental and psychosocial needs that are
identified in the comprehensive assessment for 1 of 8 residents (Resident #4) reviewed for care plans. The
facility failed to ensure a care plan was developed and implemented for Resident #4's use of a Foley
catheter and leg band strap stabilizer. These failures could place residents at risk of not having individual
needs met and a decreased quality of life.The findings include: Record review of a face sheet dated
09/29/25 indicated Resident #4 was a [AGE] year-old male initially admitted to the facility on [DATE] with
diagnoses which included acute kidney failure and neuromuscular dysfunction of the bladder (problem due
to disease or injury of the central nervous system or nerves involved in the control of urination),. Record
review of the Quarterly MDS assessment dated [DATE] indicated, Resident #4 was rarely able to make
himself understood and was rarely understood by others. The MDS assessment indicated Resident #4 did
not have BIMS score, which indicated Resident #4 was unable to complete the assessment. The MDS
assessment indicated Resident #4 was dependent on staff for all ADLs. The MDS assessment indicated
Resident #4 had an indwelling catheter. Record review of Resident #4's care plan did not indicate he had
an indwelling catheter Resident #1's care plan did not address securing his Foley catheter. Record review
of Resident #4's Order Summary Report dated 09/29/25 indicated: Foley catheter care every shift and as
needed and may use leg strap to secure Foley tubing with a start date of 07/26/25. During an observation
on 09/27/25 at 06:45 PM , Resident #4 was lying in the bed with the head of his bed elevated. Resident
#4's Foley catheter was not secured to his leg. There was no securement device observed. During an
observation on 09/28/25 at 12:00 PM Resident #4 was lying in the bed with the head of his bed elevated.
Resident #4's Foley catheter was not secured to his leg. There was no securement device observed. During
an observation on 09/29/25 at 11:13 AM, Resident #4 was lying in the bed with the head of his bed
elevated. Resident #4's Foley catheter was not secured to his leg. There was no securement device
observed. During an observation on 10/02/25 at 11:13 AM, Resident #4 was lying in bed with the head of
his bed elevated. Resident #4's Foley catheter was not secured to his leg. There was no securement device
observed. During an interview on 10/01/25 at 12:15 PM, the Administrator stated she expected the clinical
nursing staff which included DON, ADON, and the MDS Coordinators to update and implement the
residents' care plans quarterly and yearly. The Administrator said Resident 4's care plan should have
included that he had a Foley catheter and reflected the care that was needed. The Administrator stated it
was important for the care plans to be accurate to ensure all residents were provided with continuity of
care. During an interview on 10/02/25 at 3:32 PM, the MDS Coordinator started working at the facility
approximately 1 week ago. The MDS Coordinator stated the comprehensive care plan should be updated
with every MDS assessment, any change in condition, any new or worsening behaviors, or any changes to
the care or services received. The MDS Coordinator stated a Foley catheter should have been included in
the care plan. She was unsure why Resident #4's Foley catheter was not care-planned. The MDS
Coordinator stated she noticed comprehensive care plans were not being completed and developed a
QAPI to fix it. The MDS Coordinator stated it was noticed today [10/02/25]. The MDS Coordinator stated it
was important to ensure comprehensive care plans were implemented within appropriate timeframes to
ensure residents received the care and services they needed. During an interview on 10/02/25 at 04:35
PM, ADON K said clinical nursing and the MDS Coordinator were responsible for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 3 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 0656
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
updating the care plans. ADON K stated the corporate MDS nurse had been assisting the facility because
the MDS Coordinator was new to the position. ADON K stated the care plans should be person-centered so
that staff were aware how to take care of the residents. ADON K stated Resident #4's care plan should
have reflected the foley catheter was in place and needed to have a security band to keep the Foley tube
from being pulled and potentially causing damage to a resident. During an interview on 10/20/25 at 4:45
PM, the interim DON said the ADON, DON and MDS Coordinator were responsible for ensuring the care
plans actively related to the resident to show the necessary care needed to allow the residents to meet
their goals. The interim DON stated the care plans were a pathway to provide proper and appropriate care
for each resident specifically. Record review of the Care Plan , Comprehensive Person policy, revised on
March of 2022, stated .This identification and implementation of a plan of care will begin at admission with
the initial care plan and be completed throughout assessment process for developing a comprehensive
plan of care within 7 days and no [NAME] than 21 days after admission. The policy further indicated, Acute
Care Plans .7. The comprehensive, person-centered care plan: b. describes the services that are to be
furnished to attain or maintain the resident's highest .
Event ID:
Facility ID:
455429
If continuation sheet
Page 4 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 0690
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide appropriate care for residents who are continent or incontinent of bowel/bladder, appropriate
catheter care, and appropriate care to prevent urinary tract infections.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure a resident who was incontinent of
bladder received appropriate treatment and services to prevent urinary tract infections for 2 of 8 residents
(Resident #1 and Resident #4) reviewed for treatment and services related to indwelling catheters. 1. The
facility failed to ensure Resident #1's foley catheter was secured on 09/11/2025. 2. The facility failed to
ensure Resident #4 foley catheter was secured on 09/27/25, 09/28/25, 09/29/25, and 10/02/25. These
failures could place residents at risk for urinary tract infections, dislodgment, potential complications and a
decreased quality of life.Findings included:1. Record review of a face sheet dated 09/29/25 indicated
Resident #1 was a [AGE] year-old male initially admitted to the facility on [DATE] and re-admitted on [DATE]
with diagnoses which included neuromuscular dysfunction of the bladder (problem due to disease or injury
of the central nervous system or nerves involved in the control of urination). Record review of the
Comprehensive MDS assessment dated [DATE] indicated Resident #1 was rarely able to make himself
understood and was rarely understood by others. The MDS assessment indicated Resident #1 did not have
BIMS score, which indicated Resident #1 was unable to complete the assessment. The MDS assessment
indicated Resident #1 was dependent on staff for all ADLs. The MDS assessment indicated Resident #1
had an indwelling catheter. Record review of Resident #1's care plan dated 05/27/25 with a target date of
10/21/25 indicated he had an indwelling catheter with a goal of he would be free from catheter related
trauma through the review date. Resident #1's care plan did not address securing his Foley catheter.
Record review of Resident #1's Order Summary Report dated 09/25/25 indicated: Foley catheter care every
shift and as needed and may use leg strap to secure foley tubing with a start date of 06/23/24. Record
review of Resident #1's Treatment Administration Record indicated Resident #1's Foley catheter tubing
securement device placement had been checked daily. During an observation on 09/29/25 at 2:19 PM of a
video, date stamped at 09/11/25 at 4:04 PM, showed Resident #1 was lying in the bed with the head of his
bed elevated. Resident #1's Foley catheter was not secured to his leg. There was no securement device
observed. 2. Record review of a face sheet dated 09/29/25 indicated Resident #4 was a [AGE] year-old
male initially admitted to the facility on [DATE] with diagnoses which included acute kidney failure, and
neuromuscular dysfunction of the bladder (problem due to disease or injury of the central nervous system
or nerves involved in the control of urination). Record review of the Quarterly MDS assessment dated
[DATE] indicated, Resident #4 was rarely able to make himself understood and was rarely understood by
others. The MDS assessment indicated Resident #4 did not have BIMS score, which indicated Resident #4
was unable to complete the assessment. The MDS assessment indicated Resident #4 was dependent on
staff for all ADLs. The MDS assessment indicated Resident #4 had an indwelling catheter. Record review of
Resident #4's care plan did not indicate he had an indwelling catheter Resident #1's care plan did not
address securing his Foley catheter. Record review of Resident #4's Order Summary Report dated
09/29/25 indicated: Foley catheter care every shift and as needed with a start date of 07/26/25. check Foley
catheter tubing secure device placement every shift. May use leg strap to secure Foley in place with a start
date of care every shift and as needed with a start date of 07/26/25. Record review of Resident's # 4's
electronic Treatment Administration Record dated 09/2025 indicated the Foley catheter tubing secure
device placement had been verified every shift for 09/01/25 - 09/28/25. During an observation on 09/27/25
at 06:45 PM , Resident #4 was lying in the bed with the head of his bed elevated. Resident #4's Foley
catheter was not secured to his leg. There was no securement device observed. During an observation on
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 5 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 0690
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
09/28/25 at 12:00 PM Resident #4 was lying in the bed with the head of his bed elevated. Resident #4's
Foley catheter was not secured to his leg. There was no securement device observed. During an
observation on 09/29/25 at 11:13 AM, Resident #4 was lying in the bed with the head of his bed elevated.
Resident #4's Foley catheter was not secured to his leg. There was no securement device observed. During
an observation on 10/02/25 at 11:13 AM, Resident #4 was lying in bed with the head of his bed elevated.
Resident #4's Foley catheter was not secured to his leg. There was no securement device observed. During
an interview on 10/01/25 at 01:15 PM, the Administrator stated she was not clinical, and she expected the
ADONs and the DON to have oversight of the nursing staff to ensure the safety and well-being of the
resident's health care needs and to ensure the physician orders were followed appropriately During an
interview on 10/02/25 3:46 PM, RN B stated nurses were responsible for ensuring Foley catheters were
secured. RN B stated it should have been checked every shift. RN B stated she was unaware Resident #4
had no securement device in place. RN B stated she probably overlooked it. RN B stated it was important to
ensure Foley catheters were secured to prevent the catheter being jerked out, causing trauma or injuries.
During an interview on 10/02/25 at 04:35 PM, ADON K said the nurse was responsible for making sure the
catheter device was in place to secure the catheter. ADON K said it was important for the catheter to be
secured so it did not pull out and for good placement for the urine to flow. During an interview on 10/20/25
at 4:45 PM, the interim DON said the nurses, and everyone needed to ensure the catheters were secured.
The Interim DON said it was important for the catheters to be secured because if they were not, it could pull
out and it could hurt the residents. Record review of the facility's policy revised July 2024, titled, Catheter
Care, Urinary, indicated, The purpose of this procedure is to prevent catheter-associated urinary tract
infections.Ensure that the catheter remains secured with a leg strap to reduce friction and movement at the
insertion site. (Note: Catheter tubing should be strapped to the resident's inner thigh.) .
Event ID:
Facility ID:
455429
If continuation sheet
Page 6 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record reviews, the facility failed to provide respiratory care, including
tracheostomy care and tracheal suctioning consistent with professional standards of practice, the resident's
care plan, and the resident's preferences, for 2 of 3 residents (Resident #1 and Resident #2) reviewed for
respiratory care. The facility failed to ensure LVN C assessed Resident #1 when he exhibited abdominal
retractions (a sign of respiratory distress) while breathing on 09/24/25. The facility failed to ensure LVN A,
LVN C, LVN D, and the Interim DON used sterile technique while performing tracheotomy suctioning on
Resident #1. The facility failed to ensure RN B used sterile technique while performing tracheotomy care on
Resident #2 on 09/29/25. The facility failed to follow the tracheotomy care and suctioning policy and
procedure. The facility failed to provide competency check offs for LVN A, LVN C and LVN D on tracheotomy
care and suctioning. Immediate jeopardy (IJ) was identified on 09/30/25 at 04:00 PM. The IJ template was
provided to the facility on [DATE] at 04:38 PM. While the IJ was removed on 10/02/25 at 05:13 PM, the
facility remained out of compliance at a scope of a patterned and a severity level of no actual harm with
potential for more than minimal harm that is not immediate jeopardy because all staff had not been
provided education on the policy and procedure for sterile tracheotomy care and suctioning. These failures
could place residents at risk of respiratory complications, infections and death.Findings included: 1. Record
review of a face sheet dated 09/29/25 indicated Resident #1 was a [AGE] year-old male initially admitted to
the facility on [DATE] and re-admitted on [DATE] with a diagnosis of tracheostomy status. Record review of
the Comprehensive MDS assessment dated [DATE] indicated, Resident #1 was rarely able to make himself
understood and was rarely understood by others. The MDS assessment indicated Resident #1 did not have
BIMS score, which indicated Resident #1 was unable to complete the assessment. The MDS assessment
indicated Resident #1 was dependent on staff for all ADLs. The MDS assessment indicated Resident #1
had a tracheotomy. Record review of Resident #1's care plan dated 04/16/25 with a target date of 10/21/25
indicated he had a tracheotomy with a goal indicating he would be relieved of secretions and congestion
within five minutes of suctioning and no occurrence of infection. Record review of Resident #1's Order
Summary Report dated 09/29/25 indicated: Change tracheotomy dressing with tracheotomy care every day
and PM with a start date of 06/27/25. Record review of Complaint/Grievance dated 08/12/25 indicated
Resident #1's family member complained the staff was not providing tracheotomy care and suctioning using
sterile technique. Resident #1's family member provided videos of staff providing tracheotomy care without
using sterile technique. The grievance indicated the resolution was all nurses on North Hall were in
serviced on tracheotomy care and suctioning using sterile technique. Record review of Resident #1's
electronic medical record did not indicate a re-assessment was performed by LVN C after 09/24/25 at 09:29
AM when Resident's #1 was showing signs and symptoms of respiratory distress . Record review of a
nursing progress note dated 09/25/25 at 01:42 PM written by LVN C indicated [family member] called stated
the hospital called and informed her that patient needed to go back to the hospital. I attempted to call the
hospital and get more information but no luck. Doctor making rounds per his advice to send resident out to
the hospital for further treatments since he was positive gram. Called [family member] informed of the
situation of him going back to the hospital. Called EMS no estimated time of arrival on pick up time. ADON,
DON aware of situation. Record review of a nursing progress note dated 09/25/25 at 05:20 PM indicated
family at facility inquiring why resident was not yet transferred to hospital, this nurse explained that
transportation had been set up but facility was waiting on non emergent EMS. Call placed to EMS for
updated ETA. EMS stated that they had not received a call for
Residents Affected - Some
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 7 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
transport. This nurse relayed that resident was needing to be transported to [name] Hospital. EMS stated
that they would be on they way to transport. Record review of the admission hospital records dated
09/25/25 indicated Resident #1 was admitted with chronic respiratory failure with tracheostomy in place.
Laboratory results indicated Resident #1 had bacteremia (bacteria is present in the bloodstream), staph
hominis (gram positive bacteria in the bloodstream), and pseudomonas (gram positive bacteria found in
lungs, skin, ears) During an observation on 09/29/25 at 2:19 PM of a video, date stamped 09/16/25 at
05:09 AM, LVN A entered Resident #1's room wearing gloves and carrying a pitcher of water. LVN A
flushed Resident #1's PEG tube (a feeding tube inserted into the abdomen into the stomach) and then
provided incontinent care. LVN A did not change gloves or perform hand hygiene. LVN A proceeded to grab
the suction catheter from the bedside table and suctioned Resident #1. LVN A did not change her gloves or
use sterile technique during the suctioning procedure. LVN A repositioned Resident #1 in the bed, took off
her gloves and exited the room. During an interview on 09/30/25 at 1:13 PM, LVN A stated LVN A stated
tracheostomy care and suctions was considered a sterile procedure. LVN A stated the tracheostomy was
direct airway into the lungs. LVN A stated the night of 09/15/25 into the morning of 09/16/25 was her last
days as full time at the facility. LVN A stated she was unable to remember the care she provided to Resident
#1. LVN A stated it was important to ensure sterile technique was maintained during tracheostomy care and
suctioning to protect the staff and residents from infection. During an observation on 09/29/25 at 2:19 PM of
a video, date stamped 09/23/25 at 11:09 AM, LVN C entered into Resident #1's room and put on non-sterile
gloves. LVN C repositioned Resident #1's bedcovers. LVN C did not change her gloves or perform hand
hygiene. Then LVN C grabbed the suction catheter from the bedside table drawer and unraveled Resident
#1's TV control cord from the suction tubing. LVN C proceeded to suction Resident #1. LVN C took off her
gloves and exited Resident #1's room. LVN C did not apply sterile gloves or use sterile technique for the
suctioning procedure. During an observation on 09/29/25 at 02:19 PM of a video, date stamped 09/23/25 at
09:30 PM, LVN D was in Resident #1's room and had a sterile field set up on the bedside table. LVN D
appeared to be wearing sterile gloves. LVN D touched the suctioning machine with her dominant hand and
proceed to suction Resident #1. After LVN D touched the suction machine contaminating her dominant
hand. LVN D failed to follow sterile technique for the suctioning procedure. LVN D removed her gloves,
discarded the used supplies and exited the room. During an observation on 09/29/25 at 2:19 PM of a video,
date stamped 09/24/25 at 09:29 AM, LVN C and Resident #1's family member entered the Resident #1's
room. Resident #1's family member was heard stating he needs an assessment done. LVN C stated she
already completed an assessment earlier and was not going to do it again. Resident #1''s family member
told LVN C, it's obvious Resident #1 is having difficulty breathing - can you assess him. LVN C stated, and
then what do you want me to do after I assess him - you are not a nurse - where do you work? Resident #1
was observed in his bed exhibiting abdominal retractions (a sign of respiratory distress) and gurgling was
audible during the video. LVN C argued with Resident's #1's family member and refused to assess Resident
#1's respiratory status. LVN C continued to argue and refused to provide tracheal suction. LVN C exited
Resident #1's room without the necessary care provided. During an interview on 09/30/25 at 2:26 PM, LVN
C stated she normally worked 6 AM - 2 PM shift on Monday through Friday. LVN C stated tracheostomy
care and suctioning was a sterile procedure and sterile technique was required. LVN C stated she did not
always have sterile tracheostomy care kits. LVN C stated sometimes she had to perform tracheostomy care
without PPE or sterile supplies. LVN C stated supplies were unavailable on a regular basis. LVN C stated it
was important to ensure sterile technique was used to prevent infection. LNV C stated everyone had issues
with Resident #1's family member. LVN C
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 8 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
stated on 09/24/25 she went into Resident #1's room during her morning rounds. LVN C stated she had
performed a respiratory assessment, tracheostomy care, and suctioning. LVN C stated Resident #1 had
some wet sounds that cleared after he was suctioned. LVN C stated later on the family called her in the
room and stated Resident #1 had a temperature. LVN C stated she checked his temperature which was
approximately 97.1. LVN C stated she attempted to remove the sheet, but did not perform another
respiratory assessment as she was busy with another resident. LVN C stated she did not notice if Resident
#1 was having trouble breathing. LVN C stated she did not obtain vital signs or an oxygen level. LVN C
stated she notified the Interim DON because the family did not want her in the room. LVN C stated she
notified the doctor, and a chest x-ray was ordered STAT (immediately). LVN C stated the family believed
Resident #1 needed to be sent to the emergency room, so she called the doctor back and he gave the
order to send to the emergency room. LVN C stated she was unable to recall if she called emergency
transport. LVN C stated there was a lot going on that day. LVN C stated the Interim DON provided care to
Resident #1 after she was asked to leave the room. During an observation on 09/29/25 at 02:19 PM of a
video, date stamped 09/24/25 at 09:54 AM, the Interim DON and Resident #1's family member entered
Resident #1's room. The Interim DON performed an assessment by taking Resident #1's temperature,
checked his oxygen levels with the pulse oximetry (device use the measure the amount of oxygen in the
blood), and listened to his lungs. The Interim DON removed the suction catheter from the bedside table
drawer and suctioned Resident #1. Resident #1's family member asked the Interim DON why she was not
using sterile gloves. The Interim DON said, the facility did not have the correct size to fit her hands in stock.
The Interim DON did not apply sterile gloves or use sterile technique for the suctioning procedure. During
an interview on 09/30/25 at 2:08 PM, the Interim DON stated tracheostomy care and suctioning was
considered a sterile procedure. The Interim DON stated sterile technique was required. The Interim DON
stated it was important to maintain sterile technique during tracheostomy care and suctioning to decrease
the risk of infection. The Interim DON stated on 09/24/25 she performed unsterile tracheostomy suctioning
because the facility did not have any sterile gloves that fit her. The Interim DON stated Resident #1 needed
to be assessed and had obvious signs of respiratory distress. The Interim DON stated Resident #1's family
had reported that LVN C refused to assess Resident #1, which was why she was in the room. The Interim
DON stated she expected the nursing staff to perform a focused assessment for any change of condition.
The Interim DON stated she expected the nurses to utilize the nursing judgment and prioritize care. The
Interim DON stated airway and breathing were the two top priorities. The Interim DON stated an
assessment was performed to ensure patient safety and maintain well-being. 2. Record review of a face
sheet dated 09/30/25 indicated Resident #2 was a [AGE] year-old male initially admitted to the facility on
[DATE] with diagnoses which included anoxic (lack of oxygen) brain damage acute respiratory failure, and
tracheostomy (surgical procedure that creates an opening in the front of the neck (trachea) and inserts a
tube to help a person breath). Record review of the Quarterly MDS assessment dated [DATE] indicated,
Resident #2 was rarely able to make himself understood and was rarely understood by others. The MDS
assessment indicated Resident #2 did not have BIMS score, which indicated Resident #2 was unable to
complete the assessment. The MDS assessment indicated Resident #2 was dependent on staff for all
ADLs. The MDS assessment indicated Resident #2 had a tracheotomy. Record review of Resident #2's
care plan [dated 06/29/25 with a target date of 10/14/25 indicated he had a tracheotomy with a goal of he
would be relieved of secretions and congestion within five minutes of suctioning and no occurrence of
infection. Record review of Resident #2's Order Summary Report dated 09/30/25 indicated: Change
tracheotomy dressing with tracheotomy care every shift with a start date of 06/25/25. Record review of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 9 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
Resident #2's Infection Screening Evaluation dated 07/29/25 indicated recent chest x-ray showing new
infiltrates consistent with pneumonia. Record review of Resident #2's Infection Screening Evaluation dated
09/02/25 indicated recent chest x-ray showing new infiltrates consistent with pneumonia. Record review of
Resident #2's Infection Screening Evaluation dated 09/10/25 indicated recent chest x-ray showing new
infiltrates consistent with pneumonia. Record review of Resident #2's chest x-ray dated 09/10/2025
indicated pneumonia (infection of the lungs). Increased opacity is present at the left lung base representing
either infiltrate or plural effusion. There has been no improvement with a prior chest x-ray performed on
09/02/25. Record review of SBAR communication Form written by RN B dated 09/29/25, indicated Resident
#2 was experiencing a fever with low oxygen sat of 77%. O2 increased to 10 liters and O2 now 93%.
Record review of progress note dated 09/29/25 at 2:29 PM written by RN B indicated the physician ordered
an x-ray related to fever. Record review of progress note dated 09/30/35 at 12:48 PM written by RN B
indicated, Resident #2 had worsening pneumonia on the left side. Also reported that he has developed a
temp of 101.8 along with O2 having to be increased to 10 Liters to keep oxygen saturations over 90%.
Resident is on day 8 of 14 of his Bactrim. Secretions have become very thick, green in color and has a very
foul odor. New order received to send resident out to ER for assessment. [family member] informed and
agrees with plan.During an observation on 09/29/25 at 4:17 PM, the Treatment Nurse prepared Resident
#2's bedside table for tracheostomy care. The Treatment Nurse placed a piece of wax paper on the table,
on the wax paper she placed the following: *two unopened bottles of sterile water, *a tracheostomy care kit,
which was slightly opened, *unopened suction tubing, and *4 x 4 unsterile gauze pads from a multiuse
package. RN B rearranged the items and positioned the bedside table for use. RN B washed her hands,
then applied her sterile gloves, using sterile technique. RN B immediately picked up the unopened suction
tubing package and opened it, which contaminated her sterile gloves. RN B then grabbed the unopened
bottles of sterile water, opened it, and poured it into the sterile field. RN B then picked up the unsterile 4 x 4
gauze pads and placed them into sterile water. RN B did not reapply sterile gloves, after she contaminated
her sterile gloves, and used the same gloves during the following care activities. RN B took the
cotton-tipped applicators from the tracheostomy kit and then cleaned around the stoma (opening in the
neck). RN B used the 4 x 4 gauze pads that were soaked in sterile water to clean around Resident #2's
neck. RN B then cleaned inside the tracheostomy tubing with the 4 x 4 gauze pads. RN B removed her
gloves and applied hand sanitizer. RN B replaced her gloves and replaced the tracheostomy neck ties.
During an interview on 09/29/25 at 5:06 PM, RN B stated tracheostomy care was a sterile procedure. RN B
stated the packaging should have been opened prior to applying her sterile gloves. RN B stated the outside
packaging was not sterile. RN B stated everything completed after the sterile gloves were contaminated
would not have been considered sterile. RN B stated she had not realized she broke sterile field during the
procedure. RN B stated using sterile techniques during tracheostomy care was important to prevent the
introduction of bacteria into the airway to prevent infections. RN B stated Resident #2 was currently being
treated for pneumonia [TT15] (lung infection). During an interview on 09/30/25 at 11:44 AM, the Medical
Director stated, nothing to do with tracheostomy care and suction was a sterile procedure The Medical
Director stated the throat was not sterile and tracheostomy care and suctioning was a dirty procedure. The
Medical Director stated nurses were required to be certified and competent to perform tracheostomy care
and suctioning. The Medical Director stated staff should have received frequent in-service training from a
certified respiratory therapist. The Medical Director stated there was a minimal risk for improperly
performing tracheostomy care and suctioning. The Medical Director stated there was no risk of infection.
The Medical Director stated having a
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 10 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
tracheostomy placed residents at risk for bacterial infections from their own flora (bacteria) from their skin.
During an interview on 09/30/25 at 12:46 PM, ADON K stated she was unable to locate the competency
nurse check offs for sterile tracheotomy care and suctioning. ADON K stated the DON was responsible for
completing competency checks for the nurses. ADON K stated the DON left a few weeks ago. During an
interview on 09/30/25 at 1:53 PM, the Administrator stated tracheostomy care and suctioning was
considered a sterile procedure and sterile technique was required. The Administrator stated she expected
the nurses to ensure sterile technique was used during tracheostomy care and suctioning. The
Administrator stated sterile supplies were always available. The Administrator stated it was important to
ensure sterile technique was maintained during tracheostomy care and suctioning to protect the residents
from infection. Record review of in service dated 08/12/25 with a subject of tracheotomy care and
suctioning using sterile technique indicated twelve nursing staff signatures including LVN C, the Interim
DON, RN B. Record review of the following staff competency nurse check offs for sterile tracheotomy care
and suctioning included:Interim DON dated 02/25/2025RN B dated 07/16/2025. Record Review of the
facility's undated policy titled Suctioning the Tracheostomy Tube, indicated, The purpose of this procedure is
to remove secretions, maintain a patent airway, and prevent infection of the lower respiratory tract.b.
Suctioning the lower airway is a sterile procedure. Record Review of the facility's undated policy titled
Tracheostomy Care, indicated, The purpose of this procedure is to guide tracheostomy care.2. Gloves must
be used on both hands during any or all manipulation . sterile gloves must be used during performing these
procedures. Record review of the NCBI Bookshelf (A service of the National Library of Medicine and
National Institutes of Health) in Chapter 22 Tracheostomy Care & Suctioning reflected .Tracheostomy
suctioning uses a sterile catheter that is inserted through the surgical opening into the neck to the trachea
to create an artificial airway. always review and follow agency policy regarding this specific skill.put on
sterile gloves.the dominant hand will manipulate the catheter and must remain sterile.tracheostomy care
provided with sterile technique. The Administrator was notified on 09/30/25 at 04:38 PM that an Immediate
Jeopardy situation was identified due to the above failure. The Administrator provided the Immediate
Jeopardy template on 09/30/25 at 04:38 PM and a Plan of removal; (POR) was requested. The following
plan of removal was submitted by the facility and accepted on 10/01/25 at 04:30 PM and included the
following: Problem: Respiratory/Tracheostomy Care and SuctioningAlleged Issues: The facility failed to
ensure LVN C assessed resident #1 when he exhibited abdominal retractions while breathing (a sign of
respiratory distress), on 9/24/25The facility failed to ensure LVN A, LVN C, LVN D, and the Interim Don, use
sterile technique while performing tracheotomy sectioning on resident number one.The facility failed to
ensure RN B used sterile technique while performing tracheotomy care on resident #2 on 9/29/25.The
facility failed to follow the tracheotomy care suctioning policy and procedureThe facility failed to provide
competency check offs for LVN A, LVN C, LVN D on tracheotomy care and suctioning. Goal: Facility will be
in compliance with federal health, safety, and/or quality regulations. Its employees or service providers are
to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental
anguish or emotional distress. Approaches: RN/DON A, Regional Nurse Consultant, and VP of Clinical
Operations will deliver all following in service education to nurses one on one. RN/DON A was in serviced
by Facility Respiratory Therapist with documented competencies on file at the facility. The Administrator is
not clinical but is aware of all in-services per the VP of Clinical Operations 1. Nursing staff will be
in-serviced on the proper procedure tracheostomy care and suctioning. This in-service was initiated on
09/30/2025 by the RN/DON A. All nursing staff will be in-serviced prior to them arriving to the facility for
their next shift. RN A, trained by the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 11 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
facility respiratory therapist RN A was trained July 16, 2025, and will deliver all following in service
education to nurses one on one. Return demonstration by all nurses will be documented, and competency
checklists will be kept in diners in the DON / Administrator's offices at the facility. All nurses will be trained
before they accept residents for their next scheduled shift in Tracheostomy care and suctioning. 2. The
regional nurse consultant will provide education regarding assessment of residents if changes in condition.
This education will be provided to each nurse prior to the start of their next shift on the floor. This education
will begin on 09/30/25 and continue until all staff are educated. An in-service on Respiratory assessments
will be taught and any changes in condition will be documented and the physician will be notified of those
changes. Changes in condition will include but not limited to shortness of breath; changes in respiratory
status; using accessory muscles to breathe; drainage from trach; or decrease in 02 saturation. If provider
orders transfer resident will be sent to the hospital via EMS transport as soon as possible. The facility
respiratory therapist will be in the facility to provide further education with return demonstration, and
competency checklists completed for facility nurses and interim DON on 10/1/2025. The Respiratory
Therapist will visit monthly to ensure competency. 3. The facility medical Director was informed of the IJ on
09/30/25 in person, by the Facility Administrator. 4. Resident #1 is in the hospital 09/30/25. 5. Resident #2 is
currently being treated with antibiotics for active infection. Resident #2 assessment was completed and
resident sent to the hospital per physician orders. Resident #2 assessed on 9/29 /25 E interact change in
condition form was completed and entered into the EMR. Resident was sent to the hospital on
9/30/25.Resident #3 assessment was completed on 10/1/2025; Resident #4 assessment was completed on
10/01/2025. 6. RN/DON A, Regional Nurse Consultant, and VP of Clinical Operations will deliver all
following in service education to nurses one on one. All nursing staff will be in service prior to them arriving
to the facility for their next shift. This will begin immediately, 09/30/2025. 7. Both the Administrator and DON
will review new hire orientation packets to ensure these above in services are completed, and competency
checklists are on file at the facility, prior to the first shift on the floor, including tracheostomy competencies
including tracheostomy care per sterile technique and suctioning of the tracheostomy per sterile technique.
RN/DON A who has been trained by the facility respiratory therapist and by the facility respiratory therapist
provided this in-service to all facility nurses on staff at the time of the immediate jeopardy, nurses coming
on shift at 10pm on 09/30/25 and all nurses coming on shift at 6am on 10/01/2025. The facility respiratory
therapist will continue training on 10/01/2025 for any nurses who did not attend training, prior to their next
scheduled shift on the floor. VP of Clinical will in-service the Administrator on this process ensuring all
nurses will be trained on tracheostomy care and suctioning prior to their first shift on the floor caring for
residents. DON and or RN trained by RT will complete the required tracheostomy training for nurses prior to
their first shift on the floor, the administrator will ensure this training is completed. 8. All residents with
enhanced barrier precautions were reviewed by the Don, ADON, and administrator, to ensure proper PPE
was available outside the resident room. Monitoring:The DON, or designee will perform random in person
audits with nursing staff to ensure they understand the tracheostomy suctioning/care via sterile technique
procedure, at least 3 nursing staff weekly X1 month. This process will begin 10/03/2025. DON/ADON's will
make rounds daily M-F, the weekend RN supervisor will round on all residents on the weekend, on all
residents in facility to ensure nurses are properly performing trach care/suctioning per sterile technique.
This process will be ongoing effective 09/30/2025. Assessment: All nurses on staff at the time of the
immediate jeopardy were educated on tracheostomy suctioning and care of tracheostomy, with return
demonstration by RN DON A is a
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 12 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
DON from a sister facility assisting with training who has been trained by the facility respiratory therapist,
with competency checklist on file at the facility on 09/30/25. QAPI Committee review: An interim QAPI
committee meeting was completed on 09/30/25. IDT will review for compliance monthly in QAPI X3 months.
On 10/02/25 the surveyor confirmed the facility implemented their plan of removal sufficiently to remove the
immediate jeopardy (IJ) by: 1. Record review of DON GG ‘s competency, dated 07/16/25, reflected DON
GG was competent with tracheostomy care and suctioning. DON GG was the DON from a sister facility who
provided education to the facility nurses' on tracheostomy care and suctioning, including a competency
check off and return skilled demonstration. 2. Record review of the in-service training report, dated
10/01/25, reflected the nurses were provided education on the proper procedure for tracheostomy care and
suctioning. There were 11 nurse signatures. 3. Record review of the competency checkoffs dated between
09/30/25 and 10/01/25 reflected LVN A, LVN C, LVN D, LVN Y, LVN Z, LVN BB, RN B, RN X, RN AA, ADON
K, ADON V, the Treatment Nurse, the MDS Coordinator, and the Interim DON were provided competency
checks off with a return demonstration. The competencies reflected the nurses were competent with
tracheostomy care and suctioning. 4. Record review of the in-service training report, dated 09/30/25,
reflected nurses were provided education on how to perform a respiratory assessment, when it should be
performed, notifying the physician, and implementing interventions. There were 5 nurse signatures. 5.
During an interview on 10/02/25 at 4:01 PM, the Medical Director stated he was informed of the IJ from the
Administrator at the facility. 6. Record review of Resident #1's hospital records, printed 09/29/25, reflected
he was admitted on [DATE] with a diagnosis of bacteremia (blood infection). 8. Record review Resident #2's
progress notes, dated 09/30/25, reflected Spoke with [Medical Director] after sending him the x-ray that
resulted today showing worsening pneumonia on the left side. Also reported that he has developed a
[temperature] of 101.8 along with [oxygen] having to be increased to 10 liters to keep oxygen saturations
over 90%. Resident [2] is on day 8 of 14 of his [antibiotic]. Secretions have become very thick, green in
color and has a very foul odor. New order received to send resident [#2] out to the [emergency room] for
assessment. [Family member] informed and agrees with plan. 9. Record review of Resident #3's progress
notes, dated 10/01/25 reflected [Resident #3] up to wheelchair with Foley catheter draining with amber
color urine. No [complaints of] pain or discomfort at this time. No nausea or vomiting noted or reported.
Resident continues on [antibiotics]. 10. Record review of Resident #4's progress notes, dated 10/01/25,
reflected Skilled nurse assessed [Resident #4]. [Resident #4] bed at 45 degrees. [Respirations] 20,
[Temperature] 98.0, [Blood Pressure] 132/87, saturation 95. Trach patent in place and air open. Secretions
thin and clear. No odor at this time. No nasal flaring, no wheezing or grunting. No chest retractions. No
coughing at this time. [Resident #4] rests at this time. 11.During an observation on 10/02/25 at 10:15 AM of
PPE supplies outside the doors of all enhanced barrier precautions of the appropriate residents. Signage
outside their door indicated the required PPE to be worn inside the room. There were isolation carts outside
the rooms, which had face shields, isolation gowns, and gloves with hand sanitizer on top. The hand
sanitizer dispensers were noted down the hallway. A staff member was dressed in an isolation gown and
gloves and was preparing to enter Resident #4's resident room. 12.During an observation on 10/02/25 at
02:45 PM of proper sterile tracheostomy care and suction performed by RN B for Resident # 4. 13. During
interviews on 10/02/25 conducted between 2:01 PM and 4:52 PM, LVN A, LVN C, LVN Y, LVN Z, LVN BB,
RN B, RN X, RN AA, the Treatment Nurse, the MDS Coordinator, ADON K, ADON V, the Interim DON, and
Administrator were able to verbalize sterile technique was required during tracheostomy care and
suctioning. The nurses said tracheostomy care and suctioning should not have been performed without the
proper supplies or equipment, which included
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 13 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
sterile gloves and care kits. The nurses verified they were provided education and competency checkoffs on
tracheostomy care and suctioning. The nursing managers were able to verbalize that monitoring will
continue during rounds daily and checkoff competencies will be completed for new hires and nursing staff
prior to working their next scheduled shift. 16. Record review of the Quality Assessment and Performance
Improvement Plan, dated 09/30/25, reflected an impromptu meeting was conducted and 9 staff members
were in attendance. The Administrator was informed the IJ was removed on 10/02/25 at 05:13 PM. The
facility remained out of compliance at a scope of patterned and a severity level of no actual harm with a
potential for more than minimal harm that is not immediate jeopardy due to the facility's need to evaluate
the effectiveness of the corrective systems that were put into place.
Event ID:
Facility ID:
455429
If continuation sheet
Page 14 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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 - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record review the facility failed to establish and maintain an infection
prevention and control program designed to provide a safe, sanitary, and comfortable environment and to
help prevent the development and transmission of communicable diseases and infections for 5 of 5
residents (Resident's #1, # 2, #3) reviewed for infection control practices. The facility failed to ensure LVN A,
LVN C, LVN D, and the Interim DON used sterile technique while performing tracheotomy suctioning on
Resident #1. The facility failed to ensure RN B used sterile technique while performing tracheotomy care on
Resident #2 on 09/29/25. The facility failed to follow the tracheotomy care and suctioning policy and
procedure. The facility failed to ensure LVN A, LVN C, LVN D, the interim ADON, LVN G and CNA H wore
enhanced barrier precautions while performing care on Resident #1, who had a feeding tube, tracheostomy
tube, wound, and Foley catheter. The facility failed to ensure CNA E and CNA F wore enhanced barrier
precautions while providing care to Resident #3 who had a Foley Catheter. The facility failed to ensure the
nursing staff knew how to access PPE and sterile supplies for enhanced barrier precautions. Immediate
jeopardy (IJ) was identified on 09/30/25 at 04:00 PM. The IJ template was provided to the facility on [DATE]
at 04:38 PM. While the IJ was removed on 10/02/25 at 05:13 PM, the facility remained out of compliance at
a scope of a patterned and a severity level of no actual harm with potential for more than minimal harm that
is not immediate jeopardy because all staff had not been provided education on providing sterile
tracheotomy care and suctioning and enhanced barrier precautions. These failures could place residents
and staff at risk for cross contamination and serious injury, harm, impairment, and death from the spread of
an infectious disease.Findings included: 1. Record review of a face sheet dated 09/29/25 indicated
Resident #1 was a [AGE] year-old male initially admitted to the facility on [DATE] and re-admitted on [DATE]
with diagnoses which included autistic disorder (difficulties in social communication and interaction, strong
preference for routine, sensory processing differences, focused interest and repetitive behaviors),
schizoaffective disorders (symptoms of delusional, hallucinations, depressed episodes followed by manic
periods of high energy), anemias, and neuromuscular dysfunction of the bladder (problem due to disease
or injury of the central nervous system or nerves involved in the control of urination), tracheostomy status,
encounter for attention to gastrostomy (feeding tube). Record review of the Comprehensive MDS
assessment dated [DATE] indicated, Resident #1 was rarely able to make himself understood and was
rarely understood by others. The MDS assessment indicated Resident #1 did not have BIMS score, which
indicated Resident #1 was unable to complete the assessment. The MDS assessment indicated Resident
#1 was dependent on staff for all ADLs. The MDS assessment indicated Resident #1 had a tracheotomy.
Record review of Resident #1's care plan with a target date of 10/21/25 indicated he had a tracheotomy
with a goal of he would be relieved of secretions and congestion within five minutes of suctioning and no
occurrence of infection. Record review of Resident #1's Order Summary Report dated 09/29/25 indicated:
Change tracheotomy dressing with tracheotomy care every day and PM with a start date of 06/27/25.
Record review of Complaint/Grievance dated 08/12/25 indicated Resident #1's family member complained
the staff was not providing tracheotomy care and suctioning using sterile technique. The grievance
indicated the resolution was all nurses on North Hall were in serviced on tracheotomy care and suctioning
using sterile technique. Record review of the admission hospital records dated 09/25/25 indicated Resident
#1 was admitted with chronic respiratory failure with tracheostomy in place. Laboratory results indicated
Resident #1 had bacteremia (bacteria is present in the bloodstream), staph hominis (gram positive bacteria
in the bloodstream), and pseudomonas (gram positive bacteria found in lungs, skin, ears) 2. Record
Residents Affected - Some
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 15 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
review of a face sheet dated 09/30/25 indicated Resident #2 was a [AGE] year-old male initially admitted to
the facility on [DATE] with diagnoses which included anoxic (lack of oxygen) brain damage, flaccid
neuropathic bladder (central nervous system or nerves involved in the control of urination) , anemia,
epilepsy (seizures), mild protein-calorie malnutrition, cerebral infarction due to embolism (stroke), acute
respiratory failure, tracheostomy (surgical procedure that creates an opening in the front of the neck
(trachea) and inserts a tube to help a person breath). Record review of the Quarterly MDS assessment
dated [DATE] indicated, Resident #2 was rarely able to make himself understood and was rarely
understood by others. The MDS assessment indicated Resident #4 did not have BIMS score, which
indicated Resident #4 was unable to complete the assessment. The MDS assessment indicated Resident
#4 was dependent on staff for all ADLs. The MDS assessment indicated Resident #4 had a tracheotomy.
Record review of Resident #2's care plan with a target date of 10/14/25 indicated he had a tracheotomy
with a goal of he would be relieved of secretions and congestion within five minutes of suctioning and no
occurrence of infection. Record review of Resident #2's Order Summary Report dated 09/30/25 indicated:
Change tracheotomy dressing with tracheotomy care every shift with a start date of 06/25/25. Record
review of Resident #2's Infection Screening Evaluation dated 07/29/25 indicated current active infection
related to chest x-ray showing new infiltrates consistent with pneumonia. Record review of Resident #2's
Infection Screening Evaluation dated 09/02/25 indicated a current active infection related to chest x-ray
showing new infiltrates consistent with pneumonia. Record review of Resident #2's Infection Screening
Evaluation dated 09/10/25 indicated current active infection related to chest x-ray showing new infiltrates
consistent with pneumonia. Record review of Resident #2's chest x-ray dated 09/10/2025 indicated
pneumonia (infection of the lungs). Increased opacity is present at the left lung base representing either
infiltrate or plural effusion. There has been no improvement with a prior chest x-ray performed on 09/02/25.
Record review of SBAR communication Form dated 09/29/25, indicated Resident #2 was experiencing a
fever with low oxygen sat of 77%. O2 increased to 10 liters and O2 now 93%. Record review of Resident #2
progress note dated 09/29/25 at 14:29 PM, indicated the physician ordered an x-ray related to a fever.
Record review of progress note dated 09/30/35 at 12:48 PM indicated, Resident #2 had worsening
pneumonia on the left side. Also reported that he has developed a temp of 101.8 along with O2 having to
be increased to 10 Liters to keep oxygen saturations over 90%. Resident is on day 8 of 14 of his Bactrim.
Secretions have become very thick, green in color and has a very foul odor. New order received to send
resident out to ER for assessment. Wife informed and agrees with plan. Record review of in service dated
08/12/25 with a subject of tracheotomy care and suctioning using sterile technique indicated twelve nursing
staff signatures including LVN C, the Interim DON, RN B. Record review of the following staff competency
nurse check offs for sterile tracheotomy care and suctioning included:Interim DON dated 02/25/2025RN B
dated 07/16/2025 During an observation on 09/29/25 at 2:19 PM of a video, date stamped 09/15/25 at
09:20 PM, CNA H and LVN G entered Resident #1's room wearing a mask, CNA H and LVN G donned
gloves and repositioned Resident #1, provided incontinent care and adjusted the bed covers. CNA H and
LVN G did not wear a gown for enhanced barrier precautions. During an observation on 09/29/25 at 2:19
PM of a video, date stamped 09/16/25 at 05:09 AM, LVN A entered Resident #1's room wearing gloves and
carrying a pitcher of water. LVN A flushed Resident #1's PEG tube (a feeding tube inserted into the
abdomen into the stomach) and then provided incontinent care. LVN A did not change gloves or perform
hand hygiene. LVN A proceeded to grab the suction catheter from the bedside table and suctioned
Resident #1. LVN A did not change her gloves or use sterile technique during the suctioning procedure.
LVN A repositioned Resident #1 in the bed, took off her gloves and exited the room. LVN A did not wear a
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 16 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
gown for enhanced barrier precautions. During an observation on 09/29/25 at 2:19 PM of a video, date
stamped 09/23/25 at 11:09 AM, LVN C entered into Resident #1's room and put on non-sterile gloves. LVN
C repositioned Resident #1's bedcovers. LVN C did not change her gloves or perform hand hygiene. Then
LVN C grabbed the suction catheter from the bedside table drawer and unraveled Resident #1's TV control
cord from the suction tubing. LVN C proceeded to suction Resident #1. LVN C took off her gloves and exited
Resident #1's room. LVN C did not apply sterile gloves or use sterile technique for the suctioning procedure.
LVN C did not wear a gown for enhanced barrier precautions. During an observation on 09/29/25 at 02:19
PM of a video, date stamped 09/23/25 at 09:30 PM, LVN D was in Resident #1's room and had a sterile
field set up on the bedside table. LVN D appeared to be wearing sterile gloves. LVN D touched the
suctioning machine with her dominant hand and proceed to suction Resident #1. After LVN D touched the
suction machine contaminating her dominant hand. LVN D failed to follow sterile technique for the
suctioning procedure. LVN D removed her gloves, discarded the used supplies and exited the room. LVN D
did not wear a gown for enhanced barrier protection. During an observation on 09/29/25 at 02:19 PM of a
video, date stamped 09/24/25 at 09:54 AM, the Interim DON and Resident #1's family member entered
Resident #1's room. The Interim DON performed an assessment by taking Resident #1's temperature,
checked his oxygen levels with the pulse oximetry (device use the measure the amount of oxygen in the
blood), and listened to his lungs. The Interim DON removed the suction catheter from the bedside table
drawer and suctioned Resident #1. Resident #1's family member asked the Interim DON why she was not
using sterile gloves. The Interim DON said, the facility did not have the correct size to fit her hands in stock.
The Interim DON did not apply sterile gloves or use sterile technique for the suctioning procedure. The
Interim DON did no wear a gown for enhanced barrier protection. During an observation on 09/29/25 at
4:17 PM, the Treatment Nurse prepared Resident #2's bedside table for tracheostomy care. The Treatment
Nurse placed a piece of wax paper on the table, then placed the following on the wax paper: two unopened
bottles of sterile water, a tracheostomy care kit, which was slightly opened, unopened suction tubing, and 4
x 4 unsterile gauze pads from a multiuse package. RN B rearranged the items and positioned the bedside
table for use. RN B washed her hands, then applied her sterile gloves, using sterile technique. RN B
immediately picked up the unopened suction tubing package and opened it, which contaminated her sterile
gloves. RN B then grabbed the unopened bottles of sterile water, opened it, and poured it into the sterile
field. RN B then picked up the unsterile 4 x 4 gauze pads and placed them into sterile water. RN B did not
reapply sterile gloves, after she contaminated her sterile gloves, and used the same gloves during the
following care activities. RN B took the cotton-tipped applicators from the tracheostomy kit and then cleaned
around the stoma (opening in the neck). RN B used the 4 x 4 gauze pads that were soaked in sterile water
to clean around Resident #2's neck. RN B then cleaned inside the tracheostomy tubing with the 4 x 4 gauze
pads. RN B removed her gloves and applied hand sanitizer. RN B replaced her gloves and replaced the
tracheostomy neck ties. During an interview on 09/29/25 at 5:06 PM, RN B stated tracheostomy care was a
sterile procedure. RN B stated the packaging should have been opened prior to applying her sterile gloves.
RN B stated the outside packaging was not sterile. RN B stated everything completed after the sterile
gloves were contaminated would not have been considered sterile. RN B stated she had not realized she
broke sterile field during the procedure. RN B stated using sterile techniques during tracheostomy care was
important to prevent the introduction of bacteria into the airway to prevent infections. RN B stated Resident
#2 was currently being treated for pneumonia (lung infection).During an interview on 09/30/25 at 11:44 AM,
the Medical Director stated nothing to do with tracheostomy care and suction was a sterile procedure. The
Medical Director stated the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 17 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
throat was not sterile and tracheostomy care and suctioning was actually a dirty procedure. The Medical
Director stated nurses were required to be certified and competent to perform tracheostomy care and
suctioning. The Medical Director stated staff should have received frequent in-service training from a
certified respiratory therapist. The Medical Director stated there was minimal risk for improperly performing
tracheostomy care and suctioning. The Medical Director stated there was no risk of infection. The Medical
Director stated having a tracheostomy placed residents at risk for bacterial infections from their own flora
(bacteria) from their skin. During an interview on 09/30/25 at 12:46 PM, ADON K stated she was unable to
locate the competency nurse check offs for infection control. ADON K stated the DON was responsible for
completing competency checks for the nurses. ADON K stated the DON left a few weeks ago. During an
interview on 09/30/25 at 1:13 PM, LVN A stated enhanced barrier precautions should have been used on
any resident with a gastrostomy tube, Foley catheter, wounds, or a tracheostomy tube. LVN A stated
enhanced barrier precautions was PPE, that included: an isolation gown, gloves, and shoe covers. LVN A
stated hand hygiene should have been performed between patient care, or when visibly soiled. LVN A
stated gloves should have been changed and hand hygiene performed between different procedures. LVN
A stated tracheostomy care and suctions was considered a sterile procedure. LVN A stated the
tracheostomy was direct airway into the lungs. LVN A stated the night of 09/15/25 into the morning of
09/16/25 was her last days as full time at the facility. LVN A stated she was unable to remember the care
she provided to Resident #1. LVN A stated the PPE required for enhanced barrier precautions were not
always available for use by the staff. LVN A stated she was unable to recall if it was available for use on the
morning of 09/16/25. LVN A stated if the PPE was not available, she was probably in a hurry to get
everything completed. LVN A stated it was important to ensure enhanced barrier precautions were used
and sterile technique was maintained during tracheostomy care and suctioning to protect the staff and
residents from infection. During an interview on 09/30/25 at 1:53 PM, the Administrator stated she expected
direct care staff to ensure enhanced barrier precautions were worn into residents' room as required. The
Administrator stated tracheostomy care and suctioning was considered a sterile procedure and sterile
technique was required. The Administrator stated she expected the nurses to ensure sterile technique was
used during tracheostomy care and suctioning. The Administrator stated sterile supplies and PPE supplies
were always available. The Administrator stated it was important to ensure enhanced barrier precautions
were used and sterile technique was maintained during tracheostomy care and suctioning to protect the
residents from infection. During an interview on 09/20/25 at 2:08 PM, the Interim DON stated enhanced
barrier precautions were utilized for residents with a tracheostomy, Foley catheter, or infection. The Interim
DON stated the PPE required for enhanced barrier precautions included: face shield, mask, gown, gloves,
and sometimes goggles. The Interim DON stated she expected PPE to be utilized, when it is available. The
Interim DON stated she had issues with PPE supplies being unavailable. The Interim DON stated when
PPE supplies was unavailable, she attempted to find it or borrow it from the nursing facility next door. The
Interim DON stated it was reported to the person who reorders supplies. The Interim DON stated
tracheostomy care and suctioning was considered a sterile procedure. The Interim DON stated sterile
technique was required. The Interim DON stated it was important to maintain sterile technique during
tracheostomy care and suctioning to decrease the risk of infection. The Interim DON stated not having the
appropriate equipment and PPE supplies could have contributed to Resident #1, Resident #2, and
Resident #4's infections. The Interim DON stated on 09/24/25 she performed unsterile tracheostomy
suctioning because the facility did not have any sterile gloves that fit her. The Interim DON stated Resident
#1 needed to be assessed and had obvious signs of respiratory distress.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 18 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
The Interim DON stated Resident #1's family had reported that LVN C refused to assess Resident #1,
which was why she was in the room. The Interim DON stated she expected the nursing staff to perform a
focused assessment for any change of condition. The Interim DON stated she expected the nurses to utilize
the nursing judgment and prioritize care. The Interim DON stated airway and breathing were the two top
priorities. The Interim DON stated an assessment was performed to ensure patient safety and maintain
well-being. During an interview on 09/30/25 at 2:26 PM, LVN C stated she normally worked 6 AM - 2 PM
shift on Monday through Friday. LVN C stated enhanced barrier precautions were utilized for resident's who
had wounds or infections, a tracheostomy tube, a Foley catheter, or a feeding tube. LVN C stated a gown,
gloves, mask, and goggles as needed should have been worn when providing care. LVN C stated
tracheostomy care and suctioning was a sterile procedure and sterile technique was required. LVN C stated
she did not always have access to the PPE supplies or sterile tracheostomy care kits. LVN C stated
sometimes she had to perform tracheostomy care without PPE or sterile supplies. LVN C stated supplies
were unavailable on a regular basis. LVN C stated it was important to ensure sterile technique was used to
prevent infection. 3. Record review of a face sheet dated 10/01/25 indicated Resident #3 was a [AGE]
year-old male initially admitted to the facility on [DATE] and re-admitted on [DATE] with diagnoses which
included paraplegia (medical condition characterized by the partial or complete loss of motor and sensory
function in the lower half of the body including both legs), chronic cystitis without hematuria (bladder
infections), infection and inflammatory reaction due to indwelling urethral catheter, anemias, and
neuromuscular dysfunction of the bladder (problem due to disease or injury of the central nervous system,
or nerves involved in the control of urination), traumatic amputation at level between left hip and knee,
colostomy status (surgical procedure creates opening in the abdominal wall through which the large
intestine is brought to the surface of the body). Record review of the Comprehensive MDS assessment
dated [DATE] indicated, Resident #3 was able to make himself understood and was able to understand
others. The MDS assessment indicated Resident #3 had a BIMS score of 14, which indicated Resident #3
was cognitively intact. The MDS assessment indicated Resident #3 was dependent on staff for transfers,
showers, toileting and dressing and required assistance for eating and personal hygiene. The MDS
assessment indicated Resident #3 had a Foley catheter colostomy and wounds Record review of Resident
#3's care plan with a target date of 09/28/2025 indicated he had indwelling Foley catheter with a goal of
resident #3 would remain free from any catheter related trauma. Record review of Resident #3's Order
Summary Report dated 10/01/2025 indicated: EBP: Staff must use gowns and gloves during high contact
resident care activities that could possibly result in transfer of MDROs to hands and clothing of staff.
Enhanced Barrier Precautions are recommended for residents known to be colonized or infected with a
MDRO as well as those who are not confirmed to have an MDRO (e.g., residents with wounds or indwelling
medical devices). every shift for EBP Precautions with a start date of 04/16/2025. Record review of
Resident #3's Infection Screening Evaluation dated 09/13/25 indicated a current active diagnosis of
infection related to new or increasing purulent drainage. Record review of Resident #3's nursing progress
note dated 09/13/2025 indicated during wound care, noted resident wound to the sacrum increasing slough
and drainage. Physician notified and new orders received. During an observation on 09/27/25 at 03:33 PM,
CNA E and CNA F entered Resident #3's room. CNA E and CNA F donned gloves. CNA E and CNA F
transfer Resident #3 from wheelchair to bed. CNA E and CNA F reposition Resident #3 once he was placed
into the bed. CNA E and CNA F adjust bed covers. CNA E and CNA F exit Resident #3's room. During an
interview on 09/27/25 at 04:15 PM, CNA E stated she should have put on a gown due to enhanced barrier
precautions because Resident #3 has a wound and has a Foley catheter. CNA E said it was important to
use
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 19 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
enhanced barrier precautions to protect the residents from risk of infections. During an interview on
09/27/25 at 04:35 PM, CNA F stated she had forgotten to grab a gown when she transferred Resident #3.
CNA F stated the importance of wearing the gown for enhanced barrier precautions was to prevent the
spread of bacteria between residents during close contact. Record review of the facility's Infection
Surveillance Monthly Report as of September 30. 2025 indicated 13 total infections and 5 confirmed
infections. 4. Record review of a face sheet dated 09/29/25 indicated Resident #4 was a [AGE] year-old
male initially admitted to the facility on [DATE] with diagnoses which included acute kidney failure, chronic
respiratory failure, diffuse traumatic brain injury with loss of consciousness, disturbances of salivary
secretions, neuromuscular dysfunction of the bladder (problem due to disease or injury of the central
nervous system or nerves involved in the control of urination), tracheostomy status, encounter for attention
to gastrostomy (feeding tube). Record review of the Quarterly MDS assessment dated [DATE] indicated,
Resident #4 was rarely able to make himself understood and was rarely understood by others. The MDS
assessment indicated Resident #4 did not have BIMS score, which indicated Resident #4 was unable to
complete the assessment. The MDS assessment indicated Resident #4 was dependent on staff for all
ADLs. The MDS assessment indicated Resident #4 had an indwelling catheter. Record review of Resident
#4's care plan did not indicate he had an indwelling catheter Resident #1's care plan did not address
securing his Foley catheter. Record review of Resident #4's Order Summary Report dated 09/29/25
indicated: Foley catheters care every shift and as needed and may use leg strap to secure Foley tubing with
a start date of 07/26/25. EBP: Staff must use gowns and gloves during high contact resident care activities
that could possibly result in the transfer of MDROs to hands and clothing of staff. Enhanced Barrier
Precautions are recommended for residents known to be colonized or infected with a MDRO as well as
those who are not confirmed to have an MDRO (e.g., residents with wounds or indwelling medical devices).
every shift for EBP Precautions with a start date of 07/25/25. Record review of Resident #4's hospital
admission record dated 07/08/25 indicated a diagnoses of septic shock bronchopneumonia due to
Escherichia coli. Record review of Resident #4's hospital admission record dated 08/12/25 indicated a
diagnosis of catheter associated urinary tract infection. Record review of Resident #4's nursing progress
note dated 09/26/25 indicated Resident #4 has developed a fever with increased respiratory effort. A new
order was received for a chest x-ray. 5. Record review of a face sheet dated 10/0/25 indicated Resident #5
was a [AGE] year-old female initially admitted to the facility on 05/2020 and a readmission date of 09/27/25
with diagnoses which included type 2 diabetes , neuromuscular dysfunction of the bladder (problem due to
disease or injury of the central nervous system or nerves involved in the control of urination), dehydration,
abnormal weight loss, anxiety disorder (excessive worry), insomnia, encounter for attention to gastrostomy
(feeding tube), colostomy status Record review of the Quarterly MDS assessment dated [DATE] indicated,
Resident #5 was able to make herself understood and was able to understand others. The MDS
assessment indicated Resident #5 had a BIMS score of 9, which indicated Resident #5 was moderately
cognitively impaired. The MDS assessment indicated Resident #5 was dependent on staff for transfers,
toileting, showering, with set up assistance needed for eating and personal hygiene. The MDS assessment
indicated Resident #5 had a colostomy and indwelling catheter Record review of Resident #5's care plan
did not indicate he had an indwelling catheter Resident #1's care plan did not address securing his Foley
catheter. Record review of Resident #4's Order Summary Report dated 09/29/25 indicated: Foley catheter
care every shift and as needed and may use leg strap to secure Foley tubing with a start date of 06/03/25.
Colostomy care every shift and as needed with a start date of 02/03/25. EBP: Staff must use gowns and
gloves during high contact resident care activities that could possibly
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 20 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
result in transfer of MDROs to hands and clothing of staff. Enhanced Barrier Precautions are recommended
for residents known to be colonized or infected with a MDRO as well as those who are not confirmed to
have an MDRO (e.g., residents with wounds or indwelling medical devices). every shift for EBP Precautions
with a start date of 02/03/2025 Record review of Resident #5's hospital Discharge summary dated 09/2725
indicated a diagnosis of E Coli bacteremia, urinary tract infection secondary to ESBL producing E Coli upon
admission.[TT3] Record Review of the facility's undated policy titled Suctioning the Tracheostomy Tube,
indicated, The purpose of this procedure is to remove secretions, maintain a patent airway, and prevent
infection of the lower respiratory tract.b. Suctioning the lower airway is a sterile procedure. Record Review
of the facility's undated policy titled Tracheostomy Care, indicated, The purpose of this procedure is to guide
tracheostomy care.2. Gloves must be used on both hands during any or all manipulation . sterile gloves
must be used during performing these procedures. Record review of the NCBI Bookshelf (A service of the
National Library of Medicine and National Institutes of Health) in Chapter 22 Tracheostomy Care &
Suctioning reflected .Tracheostomy suctioning uses a sterile catheter that is inserted through the surgical
opening into the neck to the trachea to create an artificial airway. always review and follow agency policy
regarding this specific skill.put on sterile gloves.the dominant hand will manipulate the catheter and must
remain sterile.tracheostomy care provided with sterile technique. Record Review of the facility's undated
policy titled. Enhanced Barrier Precautions, indicated, Enhanced Barrier Precautions refers to an infection
control intervention designed to reduce the transmission of multidrug-resistant organism that employs
targeted gown and glove used during high contact resident care activities.Enhanced Barrier Precautions
are indicated for residents with wounds and/or indwelling medical devices. The Administrator was notified
on 09/30/25 at 04:38 PM that an Immediate Jeopardy situation was identified due to the above failure. The
Administrator provided the Immediate Jeopardy template on 09/30/25 at 04:38 PM and a POR was
requested. The following plan of removal was submitted by the facility and accepted on 10/01/25 a 04:30
PM and included the following: Problem: Infection ControlAlleged Issues: The facility failed to Implement the
infection control policy and procedure for tracheostomy care/suctioning and enhanced barrier
precautions.The facility failed to ensure LVN A, LVN C, LVN D, and the interim [NAME] used sterile
technique while performing tracheostomy suctioning on resident number one.The facility failed to ensure
RN B used sterile technique while performing tracheostomy care on resident #2 on 9/29/25.The facility
failed to ensure LVN A, LVN C, LVN D, the interim Don, LVN G and C NA H wore enhanced barrier
precautions while performing care on resident #1, who had a feeding tube, tracheostomy tube, wound, and
Foley catheter.The facility failed to ensure LVN E LVN F wore enhanced barrier precautions while providing
care to resident #3 who had a Foley catheter and wound.The facility failed to ensure the nursing staff knew
how to access PPE and sterile supplies for enhanced barrier precautions and tracheostomy
care/suctioning. Goal: Facility will be in compliance with federal health, safety, and/or quality regulations. Its
employees or service providers are to provide goods and services to a resident that are necessary to avoid
physical harm, pain, mental anguish or emotional distress. Approaches: RN/DON A, Regional Nurse
Consultant, and VP of Clinical Operations will deliver all following in service education to nurses one on
one. RN/DON A was serviced by Facility Respiratory Therapist with documented competencies on file at
the facility and kept in binders in the DON's office and Administrator's office. The Administrator is not clinical
but is aware of all in-services per the VP of Clinical Operations.Nursing staff will be in-serviced on the
proper procedure for enhanced barrier precautions and the policy and procedure for enhanced barrier
precautions. This in-service was initiated on 09/30/2025 by the RN/DON A. All nursing staff will be
in-serviced prior to them
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455429
If continuation sheet
Page 21 of 22
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
455429
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Rose Trail
930 S Baxter
Tyler, TX 75701
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
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
arriving to the facility for their next shift. The Director of Nursing, Regional nurse consultant, and VP of
Clinical Operations will deliver all following in service education to nurses one on one. All facility staff will
receive training on enhanced barrier precautions on 09/30/2025. Any staff who did not receive training on
enhanced barrier precautions on 09/30/2025 will receive this education prior to their next scheduled shift on
the floor caring for residents. The facility medical Director was informed of the IJ on 09/30/25 by the VP of
Clinical Operations.1. Resident #1 is in the hospital 09/30/25. 2. Residents #2 was assessed on 9/29/2025;
resident #3 was assessed on 8/21/25 & 9/13/25, resident #4 was assessed on 9/26/25; resident #5was
assessed on 9/18/25. All are currently being treated with antibiotics for active infections. The Interim DON
performed new assessments on 10/01/25 for residents 3, 4, and 5 on 10/01/2025. No further complications
identified. Resident #1 is currently in the hospital. 3. All nurses will be trained in suctioning and care of
tracheostomy per sterile technique and suctioning of tracheostomy by RN/DON A who has been trained by
the facility respiratory therapist and by the facility respiratory therapist, on 09/30/2025. All nurses will be
trained before they accept residents for their next scheduled shift. 4. RN/DON A, Regional Nurse
Consultant, and VP of Clinical Operations will deliver all following in service education to nurses one on
one. All nursing staff will be in-serviced prior to them arriving at the facility for their next shift. This will begin
immediately, 09/30/2025. All facility staff will receive training on enhanced barrier precautions on
09/30/2025. Any staff who did not receive training on enhanced barrier precautions on 09/30/2025 will
receive this education prior to their next scheduled shift on the floor cari
Event ID:
Facility ID:
455429
If continuation sheet
Page 22 of 22