F 0552
Ensure that residents are fully informed and understand their health status, care and treatments.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview, and record review the facility failed to ensure residents/resident representatives were informed in
advance, by the physician or other practitioner or professional, of the risks and benefits of proposed care, of
treatment and treatment alternatives or treatment options and to choose the alternative or option he or she
prefers for 1 of 2 Residents (Resident #1) reviewed for resident rights in that:
Residents Affected - Few
The facility failed to notify Resident #1's Medical Power of Attorney or emergency contact after a behavioral
incident when the resident did not have the cognitive ability to make informed medical decision before
before receiving psychiatric services.
This failure could place residents and their resident representatives at risk for not being informed about
care and treatments that may affect the resident's well-being.
The findings included:
Review of a resident's face sheet dated 11/30/2023 indicated Resident #1 was an 82 - year- old initially
admitted on [DATE] with diagnoses that included but not limited to the following: myopathy (disease that
affects the muscled that control voluntary movement in the body), Cerebral infarction ( stroke due to
disrupted blood flow in the brain), and diabetes ( disease that results in too much sugar in the blood).
Review of Resident #1's MDS assessment dated [DATE] revealed Resident #1 had a BIMS of 2 indicating
severe cognitive impairment.
Review of a incident report dated 08/31/2023 at 1:02 pm revealed an unidentified resident was sitting at
their usual dining table when another resident reported to a staff member that Resident #1 slapped a
different resident in the face during lunch. Camera was reviewed by the SW and revealed the incident
occurred.
During an interview on 11/29/2023 at 11:30 a.m the Social Worker stated she did not call Resident #1's
Medical Power of Attorney or emergency contact after determining Resident #1 slapped another resident in
the face or before initiating and scheduling behavioral health services by a contracted entity and she should
have. She explained that would usually be involved in assisting with tasks related to such events were not in
the building at the time, therefore she was completing additional tasks and did not make the family
notification. The Social Worker said it was a resident's right to have their family member contacted when
there is a change of condition and in this case the resident's rights were not respected.
(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 4
Event ID:
455732
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
455732
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/30/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Kirkwood Manor
2590 Loop 337 N
New Braunfels, TX 78130
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0552
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During an interview on 11/29/2023 at 4:00 p.m. the DON explained she was not in the facility at the time of
the behavioral incident with Resident #1, but learned of the incident in a joint conference call with the
Administrator while they were both at an out of town meeting on the day of the incident. The DON stated
she was made aware after the incident the resident's family was not notified of the incident or the behavior
intervention services provided on the day of the incident, but could not give an exact date of when she
became aware. The DON went on to say it was the resident's right to have such events reported to the state
and their representative. The DON stated, the family should have been notified by facility staff and I should
have called the family or made sure they were notified.
During an interview on 11/30/2023 at 11:32 a.m. the Administrator stated Resident #1's family was not
called on the date Resident #1 slapped another resident in the face and was then enrolled in psychiatric
behavioral health services and The Administrator stated the family should have been contacted by a staff
member from the facility but was not. The Administrator stated he did not know why the incident was not
reported to Resident #1's family at the time and said a staff member should have contacted Resident #1's
family.
Review of the facility's policy provided prior to exit by the Administrator, Resident Rights, Notification,
Physician or Responsible Party revealed it is the policy of this facility to promptly notify the resident, his/her
attending physician, and/or family/responsible party of changes in their resident's condition and/or status; 2
(B) There is a significant change in the residents physical, mental or psychosocial status (C) There is a
need to alter the resident's treatment significantly.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455732
If continuation sheet
Page 2 of 4
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
455732
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/30/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Kirkwood Manor
2590 Loop 337 N
New Braunfels, TX 78130
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, the facility failed to report the results of all investigations to the State Survey agency within 5
working day of the incident for 1 of 3 residents (Resident #1) reviewed for abuse and neglect.
The facility did not provide the state agency with a provider investigation within 5 working days.
This failure could place residents at risk of injury, abuse and neglect.
Findings included:
A face sheet dated 11/30/2023 indicated Resident #1 was an [AGE] year old initially admitted on [DATE]
with diagnoses that included but not limited to the following: myopathy (disease that affects the muscled
that control voluntary movement in the body), Cerebral infarction (stroke due to disrupted blood flow in the
brain), and diabetes (disease that results in too much sugar in the blood).
An MDS dated [DATE] revealed Resident #1 had a BIMS of 2 indicating severe cognitive impairment.
An incident report dated 08/31/2023 at 1:02 pm revealed an unidentified resident was sitting at their usual
dining table, when resident reported to a staff member that Resident #1 slapped a different resident in the
face during lunch. Camera was reviewed by the SW and revealed the incident occurred.
During an interview on 11/30/2023 at 9:30 a.m. the Activity Director reported on 8/31/2023 she overheard
resident talking about Resident #1 slapping another resident in the face at the dining table so she went and
told the Social Worker immediately. The Activity Director stated she was told later the incident was
confirmed by the Social Worker after she watched the video tape from one of the facility camera's.
During an interview on 11/29/2023 at 11:30 a.m the Social Worker reported she revealed the playback of
the facility camera and saw that Resident #1 slapped another resident after the Activity Director reported
over hearing residents talk about Resident #1 slapping another resident. The Social Worker stated she first
called the Administrator and DON, who were out of the facility at a training, after being told of the incident.
The Social Worker said the incident should have been reported to the state and further stated she did not
know at the time, the incident but received education from the facility after the incident.
During an interview on 11/29/2023 at 4:00 p.m. the DON stated she was not in the facility at the time of the
incident, but was called in a joint conference call with the Administrator, by the Social Worker and told it had
been discovered after video tape in the facility was reviewed, Resident #1 slapped another resident at the
dining table. The DON stated the incident was not reported to a stated agency and no family notification
regarding the incident was made to Resident #1's family members. The DON stated at the time of the
incident she was unaware such an incident should have been reported to the Stated Agency, but later
learned it should have been reported. The DON went on to say it is the resident's right to have such an
event reported to the state.
During an interview on 11/30/2023 at 11:32 a.m. the Administrator stated the incident should have
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455732
If continuation sheet
Page 3 of 4
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
455732
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/30/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Kirkwood Manor
2590 Loop 337 N
New Braunfels, TX 78130
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
been reported to the State Agency by himself but was not. The Administrator said at the time of the incident
he was unaware he should have reported the incident as the resident that was slapped had a BIMS of 15
and did not want the incident reported because the resident said they were friends, and it was a
disagreement between friends.
Review of the facility policy, undated, titled Abuse: Prevention of and Prohibition Against revealed section H.
Reporting/Response 2. Allegations of abuse, neglect, misappropriation of resident property, or exploitation
will be reported outside the Facility and to the appropriate State or Federal agencies in the applicable
timeframes, as per this policy and applicable regulations.
Event ID:
Facility ID:
455732
If continuation sheet
Page 4 of 4