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Inspection visit

Health inspection

Avir at Rose TrailCMS #4554291 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

This survey cited 1 deficiency. The full statement and the facility’s plan of correction follow, verbatim from the federal record.

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

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Citations

1 citation recorded*CMS

What do CMS severity letters mean?

Serious (G-L). Actual harm to a resident, or immediate jeopardy. Codes G through I indicate actual harm; J through L indicate immediate jeopardy to resident health or safety.

General (A-F). No actual harm found, or harm that is minimal. The facility must still submit a Plan of Correction. Most CMS citations land here.

Each letter combines severity with scope: how many residents the deficiency affected.

  • 0583GeneralS&S Epotential for harm

    F583 - Privacy and Confidentiality

    Keep residents' personal and medical records private and confidential.

FAQ · About this visit

Common questions about this visit

What happened during the January 2, 2026 survey of Avir at Rose Trail?

This was a inspection survey of Avir at Rose Trail on January 2, 2026. The surveyor cited 1 deficiency, recorded on the federal Form 2567 statement of deficiencies.

Were any deficiencies cited at Avir at Rose Trail on January 2, 2026?

Yes, 1 deficiency was cited, each with a CMS Scope and Severity grade. The first was: "Keep residents' personal and medical records private and confidential."

What type of survey was this?

This was a inspection survey conducted by state surveyors under federal Centers for Medicare & Medicaid Services (CMS) oversight. Findings are published on CMS Care Compare.

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Next steps

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Data from CMS Care Compare public records. Dataset last refreshed . If you believe any information is inaccurate, report it here.