F 0583
Keep residents' personal and medical records private and confidential.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure the resident's right to personal privacy
and confidentiality of his or her personal and medical records for 10 (Residents #1, #2, #3, #4, #5, #6, #7,
#8, #9, and #10) of 13 residents reviewed for privacy and confidentiality. 1. The facility failed to ensure the
care plan for Residents #1, #2, #5 and #6 was not left in the public survey binder in the lobby of the facility.
2. The facility failed to ensure the PIR that contained the SSN and PHI of Residents #3 and #4 was not left
in the public survey binder in the lobby of the facility. 3. The facility failed to ensure that the Resident
Identifier sheet and corresponding survey containing PHI of Residents #7, #8, #9, and #10 were not left in
the public survey binder in the lobby of the facility. These failures could place the residents at risk of their
medical information being exposed to unauthorized individuals.Findings included: Record review of
Resident #1's Face Sheet, dated 12/31/2025, reflected a [AGE] year old female, admitted on [DATE]. The
resident was diagnosed with dementia (a decline in mental ability affecting memory, thinking, language and
judgement) and schizoaffective disorder, unspecified (delusions and disorganized thinking). Record review
of Resident #2's Face Sheet, dated 12/31/2025, reflected a [AGE] year old female admitted on [DATE]. The
resident was diagnosed with acute respiratory failure with hypoxia (when the lungs cannot get enough
oxygen), acute kidney failure (sudden loss of kidney function), and atrial fibrillation (rapid, irregular
heartbeat), Record review of Resident #3's Face Sheet, dated 12/31/2025, reflected a [AGE] year old
female admitted on [DATE]. The resident was diagnosed with cerebral palsy (permanent brain damage
causing movement, muscle control, posture and balance). Record review of Resident #4's Face Sheet,
dated 12/31/2025, reflected a [AGE] year old female admitted on [DATE]. The resident was diagnosed with
systemic Lupus Erythematosus (an autoimmune disease where the immune system attacks itself). Record
review of Resident #5's Face Sheet, dated 12/31/2025, reflected a [AGE] year old male admitted on [DATE].
The resident was diagnosed with diffuse traumatic brain injury with loss of consciousness greater than 24
hours without returning to pre-existing conscious level with patient surviving sequela (extensive brain
disruption with lasting deficits), and heart failure. Record review of Resident #6's Face Sheet, dated
12/31/2025, reflected a [AGE] year old male admitted on [DATE]. The resident was diagnosed with
unspecified injury at unspecified level of cervical spinal cord subsequent encounter (spinal cord injury of
unknown origin and location). Record review of Resident #7's Face Sheet, dated 12/31/2025, reflected a
[AGE] year old male admitted on [DATE]. The resident was diagnosed with autistic disorder (developmental
condition affecting communication, social interactions, and behaviors). Record review of Resident #8's Face
Sheet, dated 12/31/2025, reflected a [AGE] year old male admitted on [DATE]. The resident was diagnosed
with anoxic brain injury (brain injury caused by a lack of oxygen). Record review of Resident #9's Face
Sheet, dated 12/31/2025, reflected a [AGE] year old male admitted on [DATE]. The resident was diagnosed
with quadriplegia (paralysis of all four limbs). Record review of Resident
Residents Affected - Some
(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 2
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
01/02/2026
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 0583
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
#10's Face Sheet, dated 12/31/2025, reflected a [AGE] year old female admitted on [DATE]. The resident
was diagnosed with Type 2 diabetes mellitus with diabetic neuropathy (high blood sugar that has caused
nerve damage). Observation on 12/31/2025 at 10:00 a.m. of the public survey binder in the foyer of the
facility revealed care plans for Residents #1, #2, #5 and #6 including PHI such as SSN, health diagnoses
and treatments they were receiving. This observation further revealed the PIR dated 7/2025 submitted by
the facility which showed PHI of Residents #3 and #4 including their names, SSN, Medicaid and Medicare
numbers as well as health diagnoses. This binder also included a resident identifier sheet with a list of
resident names and numbered identifiers as well as the survey for that identifier sheet with PHI in the
survey. During an interview with the administrator on 12/31/2025 at 10:25 a.m., she stated the survey
binders were kept in the lobby for anyone who was interested to see what tags were written at the facility
and the facility's accepted plan of correction. She stated the only thing that should have been in the binder
was the tag and plan of correction. She stated a resident's care plan should not have been in the binder as
that was protected health information with diagnoses, treatment and other personal information that should
not have been readily available to the public. She stated that the PIR should also not have been in the
binder as it contained PHI. She stated that it was her and all staff's responsibility to ensure that PHI was
protected from any unauthorized people. She stated she did not know who placed the care plans, PIR, and
resident identifier sheets in the binder but those documents did not belong in the public binder. During an
interview with the DON on 1/2/2026 at 2:00 p.m., he stated PHI was information was not available to the
public as residents at the facility had a right to privacy. He stated all staff were trained to protect this
information in their new hire training as well as frequent refresher in-services throughout the year. He stated
he was in this position for a couple of weeks and would ensure staff were trained to safeguard this
information. He stated this was important so residents felt safe and that their information was kept
confidential from those without a valid reason to access this information. During an interview with the
ADON on 12/31/2025 at 2:15 p.m., she stated PHI was to be safe-guarded by all staff and that they were
trained initially on the importance of this in their onboarding process and were reminded frequently in
in-service training. She stated it was important to keep PHI protected as there was information included that
others might use to exploit the resident, such as their name, DOB, SSN, and health diagnoses as residents
had a right to privacy. The ADON stated disclosure of this information would be a violation if HIPAA. Record
review of the facility's HIPAA Policy, dated April 2025, indicated, All patient, personnel, and financial
information are considered privileged and confidential. Access should not be granted to these confidential
documents without proper authorization or in accordance with the Resident/Patient [NAME] of Rights.in
accordance with HIPAA regulations, access to personal medical information is limited to qualified,
designated personnel.your personal medical information will be maintained as confidential unless you allow
the release of the information.
Event ID:
Facility ID:
455429
If continuation sheet
Page 2 of 2