F 0610
Respond appropriately to all alleged violations.
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 have evidence that all alleged violations were
thoroughly investigated, to prevent further potential abuse or mistreatment while the investigation was in
progress, and report the result of all investigations to other officials in accordance with State law, including
to the State Survey Agency within 5 working days of the incident for 2 of 11 residents (Resident #1 and
Resident #2) reviewed for abuse.
Residents Affected - Few
The facility failed to thoroughly investigate an allegation of abuse when Resident #1 sustained bruises and
scratches to her face and fingers and redness to her hands, wrists, and chest after Resident #2 was found
standing over her on his bed and pinning her wrists down to the bed in the facility's locked memory care
unit on 11/26/2022.
The facility failed to evaluate and revise Resident #1's and Resident #2's care plans and implement
interventions to ensure residents were safe and prevent further resident-to-resident abuse.
The facility failed to accurately report the results of all investigations to HHSC when Resident #2 was found
pinning down Resident #1 on his bed in the memory care unit on 11/26/2022.
The facility failed to accurately report the details of the abuse incident between Resident #1 and Resident
#2 to their physicians.
These failures placed residents involved in abuse incidents at risk of continued abuse, further injury, pain,
and physical and emotional distress.
Findings include:
Resident #1
Record review of Resident #1's face sheet revealed she was an [AGE] year-old female who was admitted to
the facility on [DATE]. She was diagnosed with dementia (a group of thinking and social symptoms that
interfere with daily functioning), psychotic disturbance (severe mental disorder that causes abnormal
thinking and perceptions), anxiety (intense, excessive, and persistent worry and fear about everyday
situations), protein-calorie malnutrition (the state of inadequate intake of food), abnormal weight loss, and
mild cognitive impairment (an early stage of memory loss or other cognitive ability loss). Resident #1
resided in the facility's locked memory care unit.
Record review of Resident #1's MDS dated [DATE] revealed she was sometimes able to express ideas and
wants (ability was limited to making concrete requests); she rarely/never understood others; she
(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 18
Event ID:
455643
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
was rarely/never understood, so no BIMS was conducted; her cognitive skills for daily decision making were
severely impaired; she wandered daily; she required limited assistance from one staff member for bed
mobility and transfers; she required extensive assistance from one staff for dressing and personal hygiene;
she required total assistance from one staff for toilet use and bathing; she was independently ambulatory;
and she was always incontinent of bowel and bladder.
Residents Affected - Few
Record review of Resident #1's care plan updated on 03/29/2023 revealed the following care areas:
*The resident had difficulty making self-understood due to severe cognitive loss and was unable to
understand more than simple, basic, direct communication. Her speech was mumbled and mostly
non-essential to conversation. The goal was for Resident's needs to be met as evidenced by resident being
kept clean, dry, and odor free. The approaches were for staff to explain simple directions to task, observe
for non-verbal signs of distress, turn/reposition, communicate, provide peri care, assess for pain, provide
liquids/food as needed, and to anticipate needs.
*The residents also experienced wandering (moves with no rational purpose, seemingly oblivious to needs
or safety) A Goal was the Resident would wander safely within specified boundaries. The Approaches were
to assure resident has proper fitting and appropriate foot attire; maintain a calm environment and approach
to the resident; place resident in a specially designed therapeutic locked dementia unit; and remove
resident from other resident's rooms and unsafe situations.
Further review of Resident #1's care plan updated 03/29/2023 revealed no documentation regarding the
alleged physical abuse incident with Resident #2, her injuries, or any safety plan initiated to keep her safe
while Resident #2 still resided in the memory care unit after the incident on 11/26/2022.
Observation and interview with Resident #1 on 04/21/2022 at 12:26 p.m. revealed she was in bed eating
lunch. Resident #1 briefly looked up and smiled, but she did not respond to any questions. She continued to
eat her lunch and only responded at the end of the interview and said, Bye.
In an interview with the Administrator on 04/21/2023 at 12:40 p.m., he stated the facility changed
management companies on 01/01/2023, so all progress notes in the computer system prior to 01/01/2023
had to be imported from the old management company's computer system. He said any notes imported
from the old system would not indicate who authored the notes. He said the only way he could possibly
identity the writer for each progress note would be to contact the computer program company to see of they
could retrieve that information.
Record review of Resident #1's Progress Notes for November 2022 and December 2022 revealed:
On 11/27/2022 at 3:16 a.m., an unidentified nurse (the note indicated the writer's discipline was nursing)
wrote, Resident is fine, walking around the unit as usual. She does have a small bruise on her left temple
and a few scratches on her face. I have checked on her every hour through the shift and she has been
sleeping well. I spoke to her family member when she called to check on her about 7 p.m. and assured her
she was acting like herself, and that I was checking on her frequently and would do so the rest of the night.
On 11/28/2022 at 12:40 p.m., and unidentified nurse wrote, Late documentation for 11-26-22 at 12:40
(p.m.). Resident was ambulating the halls of the unit and in the dining room. Noted that she was fine with no
injuries. I had observed Resident #2's light on and he never has put his light on. So, I
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 2 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
opened the door, Resident #1 was lying on the (bed) and Resident #2 was over her with his hands on top of
hers. He jumped up and said WHAT. I pulled Resident #1 off the bed and took her to her room. We (no other
person was identified) noted a scratch on her lip and some small scratches on both hands. Took her to the
room. I did a complete exam. Her face was red and skin on her chest was red. Did not notice any other
injuries at this time. She showed no pain or discomfort. She was taken to the dining area, and she was
watched by staff. She acted the same as she usually does.
On 11/29/2022 at 6:23 a.m., an unidentified nurse wrote, 11/28/22 6pm-6am Resident resting well in bed
this shift. At the beginning of the shift resident alert and oriented x1, self, laying in bed smiling and talking
with this nurse (confused conversation, resident normal). Noted scant amount of greenish/yellow bruising to
left temple and left side of lower mouth .
On 12/05/2022 at 10:42 a.m., the NP wrote, . Chief Complaint: Bruise to head after encounter with another
resident. History of Present Illness: . It was reported by the nurse the patient was found in what seemed to
be possible physical encounter from another resident in the facility. The nurse reports they did not see the
physical encounter occur, but the patients were found together in a room. Resident #1 did not previously
have a bruise to her head. It was reported upon finding the patient she had a new bruise after the
encounter. The nurse states she reported the incident to the physician and DON . Superficial bruising of
head and neck region, contusion of unspecified part of neck . Additional notes: Spoke with Medical Director.
Medical Director updated NP later in the evening, CT negative .
On 12/05/2022 at 3:24 p.m., the Medical Director wrote, Commented in the chart by the nurse which
happened with Resident #1 and another resident, I came to see the patient. I had been called by the
(Former) DON to order a CT scan for her as well which we did, however when I came to see the patient,
she was at CT scan, and I could not see her. I was later called by the reports of the CT scan which were
negative for any intracranial bleed or other findings consistent with a bruise on her head, she had
superficial injury findings on the CT .
Record review of a hand-written note by LVN A revealed, . Saturday 11/26/22 . As I was walking up the
hallway, I noticed that Resident #2's light was on. I figured that was very awkward because he never put his
light on. Before I opened the door, I thought about Resident #1. Because she was always going in that
room. She had been in the room about a week or so before standing in front of Resident #2 while he sat on
his bed. So that is when I just opened the door. I saw Resident #2 holding her (Resident #1) down on the
bed. When I opened the door, he jumped off of her and I helped her to get out of the room. I put her
(Resident #1) in her room and got someone to watch him (Resident #2). He was cursing, fuck you, and
getting angry I took her (Resident #1). I went and got the (Former) DON. I went to her (Resident #1) room
and she had a scratch on her lip and small scratch on both hands. They both still had their clothes on . After
checking her all out, we took her to the dining area so someone could watch her. I called Resident #1's
family member. Explained what happened, she was concerned but not angry. Just wanted to know what we
were going to do. Sunday, 11/27/22. Resident #1's [family member] came in to see how Resident #1 was.
She was upset that Resident #2 was not out of the building. She told me if it would be possible to press
charges. I told her I did not know if that would work. They (unknown who they were) talked to Resident #2's
doctor and decided to send him to ER for psych evaluation. Ambulance picked him up and I called his
family member.
Record review of Resident #1's radiology report dated 11/28/2022 revealed she was taken to a local acute
care hospital for a CT scan without intravenous contrast on 11/28/2022 for assault/trauma to the head.
Findings included age-related atrophy and was negative for acute findings.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 3 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Resident #2
Level of Harm - Minimal harm
or potential for actual harm
Record review of Resident #2's face sheet revealed he was a [AGE] year-old male who was admitted to the
facility on [DATE]. He was diagnosed with unspecified focal traumatic brain injury with loss of
consciousness (a traumatic injury to the brain that occurs in a single location), altered mental status (a
change in metal function), restlessness and agitation, anxiety disorder (a mental health disorder
characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily
activities), brief psychotic disorder (sudden onset of psychotic behavior that lasts less than one month
followed by complete remission with possible future relapses), recurrent depressive disorder (at least two
depressive episodes), and oppositional defiant disorder (a frequent and ongoing pattern of anger, irritability,
arguing, and defiance). Resident #2 resided in the facility's locked memory care unit until 11/28/2022.
Residents Affected - Few
Record review of Resident #2's MDS dated [DATE] revealed he was able to make himself understood and
he understood other; he had a BIMS score of 5 (severe cognitive impairment); he exhibited verbal
behavioral symptoms directed towards others 1 to 3 days but did not exhibit physical behavioral symptoms
directed toward others; he wandered 1 to 3 days; he required supervision and set-up help only for all
activities of daily living; he was independently ambulatory; and he was always continent of bowel and
bladder.
Record review of Resident #2's care plan updated on 03/13/2023 revealed the following care areas:
*The resident was not at ease in joining other residents in activities. A Goal was for the Resident to express
satisfaction with activity involvement. The approaches were 1:1 visitation and interview the resident to
determine reason for feelings of uneasiness.
*The resident experiences wandering (moves with no rational purpose, seemingly oblivious to needs or
safety) resident use to reside on locked dementia unit. On 11/28/2022 moved off locked unit with wander
guard placed. A Goal was for the resident to wander safely within specified boundaries. Approaches were to
have a wander guard placed with check per facility policy; 11/28/2022 moved outside locked unit with
wander guard placed with to continue to assess resident; Assure resident has proper fitting and appropriate
foot attire; Avoid over-stimulation [noise, crowding, other physically aggressive resident]; and Maintain calm
environment and approach to the resident).
*Resident was at risk for adverse consequence due to receiving antipsychotic medication of Seroquel routine, as well as PRN use of Olanzapine (Zyprexa- an antipsychotic) and Haldol (an antipsychotic) A goal
was for the resident to not exhibit signs of drug related side effects or adverse drug reaction. The
Approaches were: Assess if resident's behavioral symptoms present a danger to the resident and/or others;
Intervene as needed; Attempt a gradual dose reduction [if not contraindicated]; and Quantitatively and
objectively document the resident's behavior.
*Resident has a memory/recall problem due to traumatic brain injury with deficit to date/time and shot term
loss A goal was the resident will not sustain serious injury due to memory/recall deficit. The approaches
were to ensure proper footwear, ensure resident's areas are free of hazards, and Redirect resident when
entering unsafe areas.
*Resident has verbal behavioral symptoms directed toward other (threatening others, yelling at others,
cursing at others, inappropriate verbal comments both sexual and racial) due to diagnosis of brain injury
with psychosis. A goal was the resident will not threaten, scream at, or curse at other
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 4 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
residents, visitors, and/or staff while being redirected from inappropriate verbal comments. The Approaches
were to Administer medications as ordered; Monitor and record effectiveness; Report adverse side effects;
Avoid over-stimulation; Avoid power struggles with residents; Convey and attitude of acceptance toward the
resident; Maintain a calm environment and approach to the resident; Obtain a psych consult/psychosocial
therapy; Refocus conversation when resident becomes verbally abusive; Set expectations and limits for
resident; When resident becomes verbally abusive, stop and try the task later; and Do not force the resident
to do task.
Further review of Resident #2's care plan revealed no documentation of his physical aggression on
11/26/2022 and no interventions regarding his physical aggression.
Observation and interview of Resident #2 on 04/19/2023 at 12:40 p.m. revealed he was independently
ambulatory. Resident #2 spoke every word very loud and aggressively. He answered several questions and
then he began to yell curse words and appeared to be agitated. The interview was terminated at that time.
No questions were asked regarding the abuse incident with Resident #2.
Record review of Resident #2's Progress Notes for October 2022 and November 2022 revealed the
following:
On 10/26/2022 at 5:42 p.m., an unidentified nurse wrote, Resident very agitated this am, using verbally
abusive language toward staff for trying to redirect him telling him to allow staff to finish serving all the
residents before he wants to drink 5 or more cups of coffee before they finish serving and there are times
for no apparent reason he uses verbally abusive language (towards) staff, residents, also uses
inappropriate language with staff, asking a staff (would) they marry (him) and when she responded no, he
asked if he could have sex with her, staff is very uncomfortable with resident, telephone contact with his
family members informing them of his behavior, also informed them of a new order for Haldol Q 12 hours
PRN (this order was changed to Haldol every 12 hours on 11/17/2022). Have their permission for staff to
medicate him if needed with Haldol .
On 10/27/2022 at 10:43 a.m., an unidentified nurse wrote, Resident had aggressive behavior this am for no
apparent reason, after telling resident here is his medication, he started using abusive language, after
taking his medication, he slammed the water cup on my cart spilling water on the cart and the floor, then
started asking what you gonna do? As he walked away from the cart, he continued to use abusive
language and threatening behavior towards other residents and staff. Other residents started coming out of
their rooms telling him to stop. He then started calling them names and cursing at them, also walking
towards them in a threatening way. Resident is out of control, unable to redirect him or calm him down.
Seems to have a lot of anger. He later went into his room and slammed the door. (Former) DON made
aware of resident's behavior. Will continue to monitor resident behavior and follow up as needed.
On 11/10/2022 at 1:05 p.m., an unidentified nurse wrote, Resident was very angry and upset at everyone
this am for no apparent reason. Yelling out very loudly and rude toward other residents and staff. Using very
abusive, foul Language, slamming the door to his room several times. On one occasion, he grabbed the
arm of one of the residents for no apparent reason and staff had to intervene .
On 11/18/2022 at 2:05 p.m., an unidentified nurse wrote, Resident became upset when one of the female
residents' family members was taking her out to smoke on an unscheduled smoke break, and he (Resident
#2) wanted to go. When told that smoke break was at 4:00 p.m., started stating he wanted to go now. Not
going now caused him to start calling staff and other residents bitches and niggers.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 5 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Behavior was aggressive at times walking up to staff with his finger in a gesture of the FU sign. At that time,
staff walked away, and he continued with the name calling and gesture with the finger. He went to his room
and slammed the door so hard it set off the defibrillator box on side of the wall. He walked towards one of
the staff who was walking away from him asking her what was the matter, you are scared . Resident is
getting very aggressive at times, out of control. Unable to redirect/even talk to him when he is in a rage .
Staff and other residents are very uncomfortable when resident is around. His behavior is unpredictable .
On 11/21/2022 at 7:31 a.m., an unidentified nurse wrote, 11/20/2022 6P - 6A Approximately 7:53 p.m. this
nurse knocked on Resident closed room door, announced, nursing, and entered the room. Observed
resident sitting on the side of his bed with female dementia resident facing him and standing directly in front
of him. This nurse reached for female resident's hand and directed her towards me. This resident became
very loud, hostile, and verbally aggressive towards this nurse and yelled, WHAT! WHAT! WHAT! He stood
up from the bed and continued to approach this nurse and resident. This nurse stood in front of female
resident. Handed evening medications to this resident (Haldol, Seroquel, Depakote). Resident snatched
medicine cup from this nurse, took medications by mouth and tossed medication cup at me. The cup fell
onto the floor. As this nurse redirected female resident further down the hallway, resident aggression
continues to escalate. This resident continues loud, hostile behavior following behind this (nurse) shouting,
WHAT! WHAT! You can't talk? Resident began pacing hallway. Resident returned to his room and slammed
the door so hard that the AED alarm sounded off. 7:57 p.m. This resident walked to day room where a male
dementia resident is sitting in Geri chair talking to self and asking for help. This resident becomes
confrontational/hostile/verbally aggressive and began cursing/yelling loudly at male resident. Redirection
and verbal cues non effective and resident continued behavior for approximately 1 minute .
On 11/26/2022 at 2:30 p.m., an unidentified nurse wrote, Was coming up the hall from taking dirty linen to
the linen basket when I observed this residents light on which is very unusual. As I got to the door, I thought
of Resident #1, that liked to go into that room. I rushed and opened the door, and I observed this resident
bending over the top of Resident #1. He (Resident #2) just jumped away from her, both of them still had
there. I removed Resident #1 from the room. Resident #2 no pain no injuries no adverse effects.
On 11/26/2022 at 5:14 p.m., and unidentified nurse wrote, Notified Resident #2's family member of incident
that occurred today. Informed family member that resident would be sent out to behavioral health facility as
soon as a room becomes available .
On 11/27/2022 at 3:11 a.m., an unidentified nurse wrote, Resident paced the halls for a while after I came
on shift, then went to his room. I gave him his night medications at 8:30 p.m., with an extra dose of
Haloperidol per provider orders. He did verbally abuse the CNA staff as he wanted to go out for a cigarette
and when told no, he told them FU several times and went to his room and slammed the door. He has not
come out of room the rest of the night so far and I did a bed check, and he was asleep.
On 11/27/2022 at 12:16 p.m., an unidentified nurse wrote, Attempt to contact Resident #1's family member
to request that she take resident to ER for behavioral issues, no answer, message left.
On 11/27/2022 at 1:35 p.m., an unidentified nurse wrote, Spoke with (Former) DON, per Resident #2's
doctor and Medical Director, send to ED evaluation for sexual, physical, and verbally aggressive behaviors.
Notified to transport and staff member will accompany. LVN A notified of current status and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 6 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
orders for transfer, she will notify resident's family member.
Level of Harm - Minimal harm
or potential for actual harm
On 11/27/2022 at 3:00 p.m., an unidentified nurse wrote, EMS arrived, resident cursing staff and EMS but
cooperative with getting on stretcher for transport. Clinical records given to EMS by LVN A.
Residents Affected - Few
On 11/28/2022 at 2:56 p.m., an unidentified nurse wrote, Resident was evaluated at a behavioral health
facility and ER provider, and they wanted to send him back. (Former) DON contacted the family member to
come sit with him due to his aggressive behavior and the incident that he cannot be left unattended.
Resident #2 was brought back by BCPD at 1:00 a.m. I fed him, gave him his nighttime medications and he
went to bed. His family member arrived about 1:45 a.m., she is sitting with him at this time (there was no
documentation to show what time the family member left the facility), he has yet to fall asleep.
On 11/28/2022 at 5:08 p.m., an unidentified nurse wrote, Plans to move resident to 500 hall with wander
guard, attempt to notify family member with message left on voicemail.
Record review of Provider Investigation Report dated 12/05/2022 and signed by the Administrator revealed
the following:
Incident Category: Injury of unknown origin . Unknown Injury. Incident Date: 11/28/2022. Time: 8:30 a.m.
Individual(s)/Resident(s) Involved, Including Alleged Victim(s) or Alleged Aggressor(s): Resident #1. Alleged
Perpetrator(s): N/A. Did investigation reveal the presence of a witness? No. Description of the Allegation:
On 11/28/2022 Resident #1 was noted to have bruising to the left side of head and left side of lower mouth.
Assessment: 11/28/2022 at 8:30 a.m. Description of Assessment: Resident was assessed by charge nurse,
no other injuries noted, no signs or symptoms of pain, no signs or symptoms of distress, no other adverse
effects. Provider Response: Facility notified physician, responsible party, and ombudsman. Resident sent to
local acute care hospital for CT scan, results were negative. Investigation Summary: Resident #1 was
unable to state or recall what caused the bruises to the left side of the head and the lower mouth. Resident
#1 had a history of wandering throughout the facility and is able to transfer herself without assistance . Staff
was in serviced on abuse and neglect. Based on the evidence gathered, the facility unfounded any abuse
or neglect caused the bruising.
Further review of the investigation report revealed there was no documentation of the incident between
Resident #1 and Resident #2 on 11/26/2022 and no documentation of a possible perpetrator or witness.
In a telephone interview with LVN A on 04/19/2023 at 11:50 a.m., she said she did not work at the facility
anymore. She said when she did work at the facility, she was mostly stationed in the locked memory care
unit. She said she did feel intimidated by the Administrator because of how he talked to her and because of
the way he wanted her to document an incident when he did not like the way she wrote what she saw. She
said Resident #2 was placed in the locked unit because they (she did not say who they were) were scared
he would walk off. LVN A said Resident #2's room was the first room on the hall. She said she was going to
provide care for the resident in the second room on the hall when she noticed Resident #2 had his light on.
She said she thought this was strange because Resident #2 never used his light. She said she knocked on
the closed door once and caught Resident #2 standing
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 7 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
over Resident #1 with his hands around her wrists (above Resident #1's head) on the bed and she
(Resident #1) was struggling and tried to fight Resident #2 off. She said Resident #1 was laying on the side
of Resident #2's bed with her feet on the floor. She said she grabbed Resident #1 and took her out of
Resident #2's room. She said she asked an aide to go get the Former DON. LVN A said Resident #1
wandered, so she probably went into Resident #2's room. She said after the incident, Resident #2 kept
walking back and forth constantly watching Resident #1 for a day and a half. LVN A said she made sure to
watch Resident #1 at all times. LVN A said Resident #2 was infatuated by Resident #1 because she was
very attractive for her age (she did not provide any other statements to substantiate this). She said Resident
#1's family member told them (she did not say who them was) they better get Resident #2 off the unit. She
said Resident #2 was taken out for evaluation, then brought back to the unit. LVN A said days later,
Resident #1's family member wanted her taken to the hospital to assess the bruise over her eye. LVN A
said Resident #1's hands and wrists were red. LVN A said she wrote everything she saw in her progress
notes and called the residents' families. She said in her notes, she wrote both residents were clothed. LVN
A said had she not intervened, she felt like the incident would have gone further into a sexual abuse
incident. LVN A said days after the incident (she could not recall the exact date), the Administrator called
her into the Former DON's office to talk about the incident. She said the Administrator, the Former DON,
and ADON B were present during this conversation. LVN A said she demonstrated to the Administrator how
Resident #2 had Resident #1's wrists pinned down to the bed. She said the Administrator told her he
needed her to document the incident another way because she made it sound too sexual. LVN A said she
told them (everyone in the room) she wrote what she saw. LVN A said she was intimidated by the
Administrator and ADON B into changing her statement and she began to cry. LVN A said the Former DON
kept telling the Administrator that she (LVN A) had written what she saw. LVN A said the Administrator
stood over her and instructed her on what words to remove and replace. LVN A said the Former DON was
so upset that she walked out of the room. LVN A said she was crying so hard that the Administrator told her
she could leave and ADON B would complete the note for her. LVN A said she saw it as a sexual incident
when she walked into the room. She said the Former DON told her to make sure to write that they were
both fully clothed, he was over her with hands bound to the bed, and that she was struggling to get up. She
said the Administrator and ADON B wanted her to take out that they were fully clothed. LVN A said neither
Resident #1 nor Resident #2 were talking when she walked into the room. She said she thought the call
light was on because it may have fallen to the floor during the struggle (while Resident #1 struggled to get
Resident #2 off of her). She said Resident #1 was found in Resident #2's room with him several days before
the incident, so she thought of Resident #1 when she saw Resident #2's (call) light on. LVN A stated
because of the incident, she felt like her license (nursing license) was not safe at the facility, so she had to
resign.
In an interview with ADON B on 04/19/2023 at 12:50 p.m., she stated Resident #2 had traumatic brain
injury from a motor vehicle accident. She said Resident #2 talked rough all the time, but he had never been
aggressive. She said Resident #2 had never shown an interest in any females in building. She said
Resident #2 was moved out of the locked unit because it was too restrictive and there was not enough
room for him to walk around. ADON B said she recalled they had a wanderer, Resident #1, who was very
mobile and went into Resident #2's room. ADON B said she could not recall what was said other than
Resident #1 was not wearing a bra, and she was not sure why that was said. ADON B said she thought the
progress note regarding the incident said Resident #2 was over Resident #1, not on her. ADON B said the
nurses did an assessment and they were trying to send Resident #2 out to a psychiatric center, but nobody
wanted to accept him with a brain injury.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 8 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
She said Resident #2's family member would not take responsibility or go to the facility. ADON B said they
never found anything during their internal investigation, but they did separate him from the locked unit
because of the incident. She said she could not recall who the person was who observed the incident, but
in their mind, they thought the incident was sexual. ADON B said if you looked at the facts, they did not read
in a sexual way. ADON B said she did not think the reporter was asked to change anything in their report.
She said the reporter may have missed some documentation in the incident report and was coached, but
not asked to change anything. ADON B said maybe the reporter forgot a section of the report because
there are several steps to filling out the report. ADON B said she did not think the reporter made an
allegation of sexual abuse. She said did not recall if Resident #1 went to the hospital and there were no
injuries that she could recall.
In an interview with the Administrator on 04/19/2023 at 1:30 p.m., he stated shortly after he started in
November 2022, Resident #1 was found in Resident #2's room. He said Resident #1 had previously
wandered into Resident #2's room before. The Administrator said somebody walked in and found Resident
#2 laying over Resident #1 with her on the bed. He said both residents were clothed, and no touching was
witnessed. He said Resident #1 had bruising to her fingertips, but she was unable to recall what happened.
He said Resident #1 also had bruises to the left side of her head and lower mouth. The Administrator said
he called the incident in to state. He said there was nothing sexual about the incident and his investigation
was unsubstantiated. He said Resident #1 had unknown injuries, so reported the incident as injury of
unknown origin. He said they moved Resident #2 off the unit after that and he had been fine since then. The
Administrator said nobody observed Resident #2 touching Resident #1, he was just standing over her. The
Administrator said Resident #2's name was not mentioned in the self-report because nobody reported
seeing him pinning Resident #1 down to the bed and they could not say her injuries were caused by
Resident #2. The Administrator said perhaps[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 9 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record reviews, the facility failed to be administered in a manner that enables
it to use its resources effectively and efficiently to attain or maintain highest practicable physical, mental,
and psychosocial well-being of each resident for 2 of 11 residents (Resident #1 and Resident #2) reviewed
for administration.
Residents Affected - Few
The Administrator, who was the facility's abuse coordinator and was responsible for investigating and
reporting abuse incidents, failed to thoroughly investigate and accurately report an allegation of
resident-to-resident abuse in the facility's locked memory care unit when Resident #1 sustained bruises
and scratches to her face and fingers and redness to her hands, wrists, and chest after Resident #2 was
found standing over her on his bed and pinning her wrists down to the bed and reported the incident to
HHSC as an injury of unknown origin with no witnesses or perpetrator.
The Administrator failed to ensure Resident #1's and Resident #2's care plans were evaluated/revised and
interventions were implemented to ensure residents were safe after an alleged resident-to-resident abuse
incident occurred on 11/26/2022.
The facility's administration requested LVN A to remove language from LVN's witness statement referencing
any sexual contact between Resident #2 and Resident #1 during an incident that occurred on 11/26/2022
causing an inaccurate facility document and delayed interventions to prevent Resident #2 from further
occurrences.
These failures placed residents involved in abuse incidents at risk of continued abuse, further injury, pain,
and physical and emotional distress.
Findings include:
Resident #1
Record review of Resident #1's face sheet revealed she was an [AGE] year-old female who was admitted to
the facility on [DATE]. She was diagnosed with dementia (a group of thinking and social symptoms that
interfere with daily functioning), psychotic disturbance (severe mental disorder that causes abnormal
thinking and perceptions), anxiety (intense, excessive, and persistent worry and fear about everyday
situations), protein-calorie malnutrition (the state of inadequate intake of food), abnormal weight loss, and
mild cognitive impairment (an early stage of memory loss or other cognitive ability loss). Resident #1
resided in the facility's locked memory care unit.
Record review of Resident #1's MDS dated [DATE] revealed she was sometimes able to express ideas and
wants (ability was limited to making concrete requests); she rarely/never understood others; she was
rarely/never understood, so no BIMS was conducted; her cognitive skills for daily decision making were
severely impaired; she wandered daily; she required limited assistance from one staff member for bed
mobility and transfers; she required extensive assistance from one staff for dressing and personal hygiene;
she required total assistance from one staff for toilet use and bathing; she was independently ambulatory;
and she was always incontinent of bowel and bladder.
Record review of Resident #1's care plan updated on 03/29/2023 revealed the following care areas:
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 10 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
*The resident had difficulty making self-understood due to severe cognitive loss and was unable to
understand more than simple, basic, direct communication. Her speech was mumbled and mostly
non-essential to conversation. The goal was for Resident's needs to be met as evidenced by resident being
kept clean, dry, and odor free. The approaches were for staff to explain simple directions to task, observe
for non-verbal signs of distress, turn/reposition, communicate, provide peri care, assess for pain, provide
liquids/food as needed, and to anticipate needs.
*The residents also experienced wandering (moves with no rational purpose, seemingly oblivious to needs
or safety) A Goal was the Resident would wander safely within specified boundaries. The Approaches were
to assure resident has proper fitting and appropriate foot attire; maintain a calm environment and approach
to the resident; place resident in a specially designed therapeutic locked dementia unit; and remove
resident from other resident's rooms and unsafe situations.
Further review of Resident #1's care plan revealed no documentation regarding the alleged physical abuse
incident with Resident #2, her injuries, or any safety plan initiated to keep her safe while Resident #2 still
resided in the memory care unit after the incident on 11/26/2022.
Observation and interview with Resident #1 on 04/21/2022 at 12:26 p.m. revealed she was in bed eating
lunch. Resident #1 briefly looked up and smiled, but she did not respond to any questions. She continued to
eat her lunch and only responded at the end of the interview and said, Bye.
In an interview with the Administrator on 04/21/2023 at 12:40 p.m., he stated the facility changed
management companies on 01/01/2023, so all progress notes in the computer system prior to 01/01/2023
had to be imported from the old management company's computer system. He said any notes imported
from the old system would not indicate who the writer was. He said the only way he could possibly identity
the writer for each progress note would be to contact the computer program company to see of they could
retrieve that information.
Record review of Resident #1's Progress Notes for November 2022 and December 2022 revealed:
On 11/27/2022 at 3:16 a.m., an unidentified nurse (the note indicated the writer's discipline was nursing)
wrote, Resident is fine, walking around the unit as usual. She does have a small bruise on her left temple
and a few scratches on her face. I have checked on her every hour through the shift and she has been
sleeping well. I spoke to her family member when she called to check on her about 7 p.m. and assured her
she was acting like herself, and that I was checking on her frequently and would do so the rest of the night.
On 11/28/2022 at 12:40 p.m., and unidentified nurse wrote, Late documentation for 11-26-22 at 12:40
(p.m.). Resident was ambulating the halls of the unit and in the dining room. Noted that she was fine with no
injuries. I had observed Resident #2's light on and he never has put his light on. So, I opened the door,
Resident #1 was lying on the (bed) and Resident #2 was over her with his hands on top of hers. He jumped
up and said WHAT. I pulled Resident #1 off the bed and took her to her room. We (no other person was
identified) noted a scratch on her lip and some small scratches on both hands. Took her to the room. I did a
complete exam. Her face was red and skin on her chest was red. Did not notice any other injuries at this
time. She showed no pain or discomfort. She was taken to the dining area, and she was watched by staff.
She acted the same as she usually does.
On 11/29/2022 at 6:23 a.m., an unidentified nurse wrote, 11/28/22 6pm-6am Resident resting well in bed
this shift. At the beginning of the shift resident alert and oriented x1, self, lying in bed
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 11 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
smiling and talking with this nurse (confused conversation, resident normal). Noted scant amount of
greenish/yellow bruising to left temple and left side of lower mouth .
On 12/05/2022 at 10:42 a.m., the NP wrote, . Chief Complaint: Bruise to head after encounter with another
resident. History of Present Illness: . It was reported by the nurse the patient was found in what seemed to
be possible physical encounter from another resident in the facility. The nurse reports they did not see the
physical encounter occur, but the patients were found together in a room. Resident #1 did not previously
have a bruise to her head. It was reported upon finding the patient she had a new bruise after the
encounter. The nurse states she reported the incident to the physician and DON . Superficial bruising of
head and neck region, contusion of unspecified part of neck . Additional notes: Spoke with Medical Director.
Medical Director updated NP later in the evening, CT negative .
On 12/05/2022 at 3:24 p.m., the Medical Director wrote, Commented in the chart by the nurse which
happened with Resident #1 and another resident, I came to see the patient. I had been called by the
(Former) DON to order a CT scan for her as well which we did, however when I came to see the patient,
she was at CT scan, and I could not see her. I was later called by the reports of the CT scan which were
negative for any intracranial bleed or other findings consistent with a bruise on her head, she had
superficial injury findings on the CT .
Record review of a hand-written note by LVN A revealed, . Saturday 11/26/22 . As I was walking up the
hallway, I noticed that Resident #2's light was on. I figured that was very awkward because he never put his
light on. Before I opened the door, I thought about Resident #1. Because she was always going in that
room. She had been in the room about a week or so before standing in front of Resident #2 while he sat on
his bed. So that is when I just opened the door. I saw Resident #2 holding her (Resident #1) down on the
bed. When I opened the door, he jumped off of her and I helped her to get out of the room. I put her
(Resident #1) in her room and got someone to watch him (Resident #2). He was cursing, fuck you, and
getting angry I took her (Resident #1). I wet and got the (Former) DON. I went to her (Resident #1) room
and she had a scratch on her lip and small scratch on both hands. They both still had their clothes on . After
checking her all out, we took her to the dining area so someone could watch her. I called Resident #1's
family member. Explained what happened, she was concerned but not angry. Just wanted to know what we
were going to do. Sunday, 11/27/22. Resident #1's family member came in to see how Resident #1 was.
She was upset that Resident #2 was not out of the building. She told me if it would be possible to press
charges. I told her I did not know if that would work. They (unknown who they were) talked to Resident #2's
doctor and decided to send him to ER for psych evaluation. Ambulance picked him up and I called his
family member.
Record review of Resident #1's radiology report dated 11/28/2022 revealed she was taken to a local acute
care hospital for CT scan without intravenous contrast on 11/28/2022 for assault/trauma to the head.
Findings included age-related atrophy and was negative for acute findings.
Resident #2
Record review of Resident #2's face sheet revealed he was a [AGE] year-old male who was admitted to the
facility on [DATE]. He was diagnosed with unspecified focal traumatic brain injury with loss of
consciousness (a traumatic injury to the brain that occurs in a single location), altered mental status (a
change in metal function), restlessness and agitation, anxiety disorder (a mental health disorder
characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily
activities), brief psychotic disorder (sudden onset of psychotic behavior that lasts
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 12 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
less than one month followed by complete remission with possible future relapses), recurrent depressive
disorder (at least two depressive episodes), and oppositional defiant disorder (a frequent and ongoing
pattern of anger, irritability, arguing, and defiance). Resident #2 resided in the facility's locked memory care
unit until 11/28/2022.
Record review of Resident #2's MDS dated [DATE] revealed he was able to make himself understood and
he understood other; he had a BIMS score of 5 (severe cognitive impairment); he exhibited verbal
behavioral symptoms directed towards others 1 to 3 days but did not exhibit physical behavioral symptoms
directed toward others; he wandered 1 to 3 days; he required supervision and set-up help only for all
activities of daily living; he was independently ambulatory; and he was always continent of bowel and
bladder.
Record review of Resident #2's care plan updated on 03/13/2023 revealed the following care areas:
*The resident was not at ease in joining other residents in activities. A Goal was for the Resident to express
satisfaction with activity involvement. The approaches were 1:1 visitation and interview the resident to
determine reason for feelings of uneasiness.
*The resident experiences wandering (moves with no rational purpose, seemingly oblivious to needs or
safety) resident use to reside on locked dementia unit. On 11/28/2022 moved off locked unit with wander
guard placed. A Goal was for the resident to wander safely within specified boundaries. Approaches were to
have a wander guard placed with check per facility policy; 11/28/2022 moved outside locked unit with
wander guard placed with to continue to assess resident; Assure resident has proper fitting and appropriate
foot attire; Avoid over-stimulation [noise, crowding, other physically aggressive resident]; and Maintain calm
environment and approach to the resident).
*Resident was at risk for adverse consequence due to receiving antipsychotic medication of Seroquel routine, as well as PRN use of Olanzapine (Zyprexa- an antipsychotic) and Haldol (an antipsychotic) A goal
was for the resident to not exhibit signs of drug related side effects or adverse drug reaction. The
Approaches were: Assess if resident's behavioral symptoms present a danger to the resident and/or others;
Intervene as needed; Attempt a gradual dose reduction [if not contraindicated]; and Quantitatively and
objectively document the resident's behavior.
*Resident has a memory/recall problem due to traumatic brain injury with deficit to date/time and shot term
loss A goal was the resident will not sustain serious injury due to memory/recall deficit. The approaches
were to ensure proper footwear, ensure resident's areas are free of hazards, and Redirect resident when
entering unsafe areas.
*Resident has verbal behavioral symptoms directed toward other (threatening others, yelling at others,
cursing at others, inappropriate verbal comments both sexual and racial) due to diagnosis of brain injury
with psychosis. A goal was the resident will not threaten, scream at, or curse at other residents, visitors,
and/or staff while being redirected from inappropriate verbal comments. The Approaches were to
Administer medications as ordered; Monitor and record effectiveness; Report adverse side effects; Avoid
over-stimulation; Avoid power struggles with residents; Convey and attitude of acceptance toward the
resident; Maintain a calm environment and approach to the resident; Obtain a psych consult/psychosocial
therapy; Refocus conversation when resident becomes verbally abusive; Set expectations and limits for
resident; When resident becomes verbally abusive, stop and try the task later; and Do not force the resident
to do task.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 13 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Further review of Resident #2's care plan revealed no documentation of his physical aggression on
11/26/2022 and no interventions regarding his physical aggression.
Observation and interview of Resident #2 on 04/19/2023 at 12:40 p.m. revealed he was independently
ambulatory. Resident #2 spoke every word very loud and aggressively. He answered several questions and
then he began to yell curse words and appeared to be agitated. The interview was terminated at that time.
No questions were asked regarding the abuse incident with Resident #2.
Record review of Resident #2's Progress Notes for October 2022 and November 2022 revealed:
On 10/26/2022 at 5:42 p.m., an unidentified nurse wrote, Resident very agitated this am, using verbally
abusive language toward staff for trying to redirect him telling him to allow staff to finish serving all the
residents before he wants to drink 5 or more cups of coffee before they finish serving and there are times
for no apparent reason he uses verbally abusive language (towards) staff, residents, also uses
inappropriate language with staff, asking a staff (would) they marry (him) and when she responded no, he
asked if he could have sex with her, staff is very uncomfortable with resident, telephone contact with his
family members informing them of his behavior, also informed them of a new order for Haldol Q 12 hours
PRN (this order was changed to Haldol every 12 hours on 11/17/2022). Have their permission for staff to
medicate him if needed with Haldol .
On 10/27/2022 at 10:43 a.m., an unidentified nurse wrote, Resident had aggressive behavior this am for no
apparent reason, after telling resident here is his medication, he started using abusive language, after
taking his medication, he slammed the water cup on my cart spilling water on the cart and the floor, then
started asking what you gonna do? As he walked away from the cart, he continued to use abusive
language and threatening behavior towards other residents and staff. Other residents started coming out of
their rooms telling him to stop. He then started calling them names and cursing at them, also walking
towards them in a threatening way. Resident is out of control, unable to redirect him or calm him down.
Seems to have a lot of anger. He later went into his room and slammed the door. (Former) DON made
aware of resident's behavior. Will continue to monitor resident behavior and follow up as needed.
On 11/10/2022 at 1:05 p.m., an unidentified nurse wrote, Resident was very angry and upset at everyone
this am for no apparent reason. Yelling out very loudly and rude toward other residents and staff. Using very
abusive, foul Language, slamming the door to his room several times. On one occasion, he grabbed the
arm of one of the residents for no apparent reason and staff had to intervene .
On 11/18/2022 at 2:05 p.m., an unidentified nurse wrote, Resident became upset when one of the female
residents' family members was taking her out to smoke on an unscheduled smoke break, and he (Resident
#2) wanted to go. When told that smoke break was at 4:00 p.m., started stating he wanted to go now. Not
going now caused him to start calling staff and other residents bitches and niggers. Behavior was
aggressive at times walking up to staff with his finger in a gesture of the FU sign. At that time, staff walked
away, and he continued with the name calling and gesture with the finger. He went to his room and
slammed the door so hard it set off the defibrillator box on side of the wall. He walked towards one of the
staff who was walking away from him asking her what was the matter, you are scared . Resident is getting
very aggressive at times, out of control. Unable to redirect/even talk to him when he is in a rage . Staff and
other residents are very uncomfortable when resident is around. His behavior is unpredictable .
On 11/21/2022 at 7:31 a.m., an unidentified nurse wrote, 11/20/2022 6P - 6A Approximately 7:53 p.m.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 14 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
this nurse knocked on Resident closed room door, announced, nursing, and entered the room. Observed
resident sitting on the side of his bed with female dementia resident facing him and standing directly in front
of him. This nurse reached for female resident's hand and directed her towards me. This resident became
very loud, hostile, and verbally aggressive towards this nurse and yelled, WHAT! WHAT! WHAT! He stood
up from the bed and continued to approach this nurse and resident. This nurse stood in front of female
resident. Handed evening medications to this resident (Haldol, Seroquel, Depakote). Resident snatched
medicine cup from this nurse, took medications by mouth and tossed medication cup at me. The cup fell
onto the floor. As this nurse redirected female resident further down the hallway, resident aggression
continues to escalate. This resident continues loud, hostile behavior following behind this (nurse) shouting,
WHAT! WHAT! You can't talk? Resident began pacing hallway. Resident returned to his room and slammed
the door so hard that the AED alarm sounded off. 7:57 p.m. This resident walked to day room where a male
dementia resident is sitting in Geri chair talking to self and asking for help. This resident becomes
confrontational/hostile/verbally aggressive and began cursing/yelling loudly at male resident. Redirection
and verbal cues non effective and resident continued behavior for approximately 1 minute .
On 11/26/2022 at 2:30 p.m., an unidentified nurse wrote, Was coming up the hall from taking dirty linen to
the linen basket when I observed this residents light on which is very unusual. As I got to the door, I thought
of Resident #1, that liked to go into that room. I rushed and opened the door, and I observed this resident
bending over the top of Resident #1. He (Resident #2) just jumped away from her, both of them still had
there. I removed Resident #1 from the room. Resident #2 no pain no injuries no adverse effects.
On 11/26/2022 at 5:14 p.m., and unidentified nurse wrote, Notified Resident #2's family member of incident
that occurred today. Informed family member that resident would be sent out to behavioral health facility as
soon as a room becomes available .
On 11/27/2022 at 3:11 a.m., an unidentified nurse wrote, Resident paced the halls for a while after I came
on shift, then went to his room. I gave him his night medications at 8:30 p.m., with an extra dose of
Haloperidol per provider orders. He did verbally abuse the CNA staff as he wanted to go out for a cigarette
and when told no, he told them FU several times and went to his room and slammed the door. He has not
come out of room the rest of the night so far and I did a bed check, and he was asleep.
On 11/27/2022 at 12:16 p.m., an unidentified nurse wrote, Attempt to contact Resident #2's family member
to request that she take resident to ER for behavioral issues, no answer, message left.
On 11/27/2022 at 1:35 p.m., an unidentified nurse wrote, Spoke with (Former) DON, per Resident #2's
doctor and Medical Director, send to ED evaluation for sexual, physical, and verbally aggressive behaviors.
Notified to transport and staff member will accompany. LVN A
notified of current status and orders for transfer, she will notify resident's family member.
On 11/27/2022 at 3:00 p.m., an unidentified nurse wrote, EMS arrived, resident cursing staff and EMS but
cooperative with getting on stretcher for transport. Clinical records given to EMS by LVN A.
On 11/28/2022 at 2:56 p.m., an unidentified nurse wrote, Resident was evaluated at a behavioral health
facility and ER provider, and they wanted to send him back. (Former) DON contacted the family member to
come sit with him due to his aggressive behavior and the incident that he cannot be left
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 15 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
unattended. Resident #2 was brought back by BCPD at 1:00 a.m. I fed him, gave him his nighttime
medications and he went to bed. His family member arrived about 1:45 a.m., she is sitting with him at this
time (there was no documentation to show what time the family member left the facility), he has yet to fall
asleep.
On 11/28/2022 at 5:08 p.m., an unidentified nurse wrote, Plans to move resident to 500 hall with wander
guard, attempt to notify family member with message left on voicemail.
Record review of Provider Investigation Report dated 12/05/2022 and signed by the Administrator revealed,
Incident Category: Injury of unknown origin . Unknown Injury. Incident Date: 11/28/2022. Time: 8:30 a.m.
Individual(s)/Resident(s) Involved, Including Alleged Victim(s) or Alleged Aggressor(s): Resident #1. Alleged
Perpetrator(s): N/A. Did investigation reveal the presence of a witness? No. Description of the Allegation:
On 11/28/2022 Resident #1 was noted to have bruising to the left side of head and left side of lower mouth.
Assessment: 11/28/2022 at 8:30 a.m. Description of Assessment: Resident was assessed by charge nurse,
no other injuries noted, no signs or symptoms of pain, no signs or symptoms of distress, no other adverse
effects. Provider Response: Facility notified physician, responsible party, and ombudsman. Resident sent to
local acute care hospital for CT scan, results were negative. Investigation Summary: Resident #1 was
unable to state or recall what caused the bruises to the left side of the head and the lower mouth. Resident
#1 was a history of wandering throughout the facility and is able to transfer herself without assistance . Staff
was in serviced on abuse and neglect. Based on the evidence gathered, the facility unfounded any abuse
or neglect caused the bruising.
Further review of the investigation report revealed no documentation of the incident between Resident #1
and Resident #2 on 11/26/2022 and no documentation of a possible perpetrator or witness.
In a telephone interview with LVN A on 04/19/2023 at 11:50 a.m., she said she did not work at the facility
anymore. She said when she did work at the facility, she was mostly stationed in the locked memory care
unit. She said she did feel intimidated by the Administrator because of how he talked to her and because of
the way he wanted her to document an incident when he did not like the way she wrote what she saw. She
said Resident #2 was placed in the locked unit because they (she did not say who they were) were scared
he would walk off. LVN A said Resident #2's room was the first room on the hall. She said she was going to
provide care for the resident in the second room on the hall when she noticed Resident #2 had his light on.
She said she thought this was strange because Resident #2 never used his light. She said she knocked on
the closed door once and caught Resident #2 standing over Resident #1 with his hands around her wrists
(above Resident #1's head) on the bed and she (Resident #1) was struggling and tried to fight Resident #2
off. She said Resident #1 was laying on the side of Resident #2's bed with her feet on the floor. She said
she grabbed Resident #1 and took her out of Resident #2's room. She said she asked an aide to go get the
Former DON. LVN A said Resident #1 wandered, so she probably went into Resident #2's room. She said
after the incident, Resident #2 kept walking back and forth constantly watching Resident #1 for a day and a
half. LVN A said she made sure to watch Resident #1 at all times. LVN A said Resident #2 was infatuated
by Resident #1 because she was very attractive for her age (she did not provide any other statements to
substantiate this). She said Resident #1's family member told them (she did not say who them was) they
better get Resident #2 off the unit. She said Resident #2 was taken out for evaluation, then brought back to
the unit. LVN A said days later, Resident #1's family member wanted her taken to the hospital to assess the
bruise over her eye. LVN A said Resident #1's hands and wrists were red. LVN A said she wrote everything
she saw in her progress notes and called the residents' families. She said in her notes, she wrote both
residents were clothed. LVN A said had she not intervened, she felt like the incident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 16 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
would have gone further into a sexual abuse incident. LVN A said days after the incident (she could not
recall the exact date), the Administrator called her into the Former DON's office to talk about the incident.
She said the Administrator, the Former DON, and ADON B were present during this conversation. LVN A
said she demonstrated to the Administrator how Resident #2 had Resident #1's wrists pinned down to the
bed. She said the Administrator told her he needed her to document the incident another way because she
made it sound too sexual. LVN A said she told them (everyone in the room) she wrote what she saw. LVN A
said she was intimidated by the Administrator and ADON B into changing her statement and she began to
cry. LVN A said the Former DON kept telling the Administrator that she (LVN A) had written what she saw.
LVN A said the Administrator stood over her and instructed her on what words to remove and replace. LVN
A said the Former DON was so upset that she walked out of the room. LVN A said she was crying so hard
that the Administrator told her she could leave and ADON B would complete the note for her. LVN A said
she saw it as a sexual incident when she walked into the room. She said the Former DON told her to make
sure to write that they were both fully clothed, he was over her with hands bound to the bed, and that she
was struggling to get up. She said the Administrator and ADON B wanted her to take out that they were
fully clothed. LVN A said neither Resident #1 nor Resident #2 were talking when she walked into the room.
She said she thought the call light was on because it may have fallen to the floor during the struggle. She
said Resident #1 was found in Resident #2's room with him several days before the incident, so she
thought of Resident #1 when she saw Resident #2's light on. LVN A stated because of the incident, she felt
like her license (nursing license) was not safe at the facility, so she had to resign.
In an interview with ADON B on 04/19/2023 at 12:50 p.m., she stated Resident #2 had traumatic brain
injury from a motor vehicle accident. She said Resident #2 talked rough all the time, but he had never been
aggressive. She said Resident #2 had never shown an interest in any females in building. She said
Resident #2 was moved out of the locked unit because it was too restrictive and there was not enough
room for him to walk around. ADON B said she recalled they had a wanderer, Resident #1, who was very
mobile and went into Resident #2's room. ADON B said she could not recall what was said other than
Resident #1 was not wearing a bra, and she was not sure why that was said. ADON B said she thought the
progress note regarding the incident said Resident #2 was over Resident #1, not on her. ADON B said the
nurses did an assessment and they were trying to send Resident #2 out to a psychiatric center, but nobody
wanted to accept him with a brain injury. She said Resident #2's family member would not take
responsibility or go to the facility. ADON B said they never found anything during their internal investigation,
but they did separate him from the locked unit because of the incident. She said she could not recall who
the person was who observed the incident, but in their mind, they thought the incident was sexual. ADON B
said if you looked at the facts, they did not read in a sexual way. ADON B said she did not think the reporter
was asked to change anything in their report. She said the reporter may have missed some documentation
in the incident report and was coached, but not asked to change anything. ADON B said maybe the
reporter forgot a section of the report because there are several steps to filling out the report. ADON B said
she did not think the reporter made an allegation of sexual abuse. She said did not recall if Resident #1
went to the hospital and there were no injuries that she could recall.
In an interview with the Administrator on 04/19/2023 at 1:30 p.m., he stated suddenly recalled the incident.
He said shortly after he started in November 2022, Resident #1 was found in Resident #2's room. He said
Resident #1 had previously wandered into Resident #2's room before. The Administrator said somebody
walked in and found Resident #2 laying over Resident #1 with her on the bed. He said both residents were
clothed, and no touching was witnessed. He said Resident #1 had
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455643
If continuation sheet
Page 17 of 18
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
455643
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Bay City
700 12th St
Bay City, TX 77414
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 0835
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
bruising to her fingertips, but she was unable to recall what happened. He said Resident #1 also had
bruises to the left side of her head and lower mouth. The Administrator said he called the incident in to
state. He said there was nothing sexual about the incident and his investigation was unsubstantiated. He
said Resident #1 had unknown injuries, so reported the incident as injury of unknown origin. He said they
moved Resident #2 off the unit after that and he had been fine since then. The Administrator said nobody
observed Resident #2 touching Resident #1, he was just standing over her. The Administrator said
Resident #2's name was not mentioned in the self-report because nobody reported seeing him pinning
Resident #1 down to the bed and they could not say her injuries were caus[TRUNCATED]
Event ID:
Facility ID:
455643
If continuation sheet
Page 18 of 18