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
interview and record review the facility failed to, in response to allegations of abuse, neglect, exploitation, or
mistreatment, have evidence that all alleged violations are thoroughly investigated and report the results of
all investigations to the state survey agency within five working days of the incident for one (1) (Resident
#1) of six (6) residents reviewed for abuse and neglect.The facility failed to thoroughly investigate an
alleged abuse incident reported by Resident #1 on 09/15/2025. The facility did not notify law
enforcement.This deficient practice placed all residents at risk of harm from abuse due to not having a
thorough investigation done for an alleged abuse.Findings Include: Record review of Resident #1's face
sheet, dated 09/16/2025, revealed a [AGE] year-old female who was admitted to the facility on [DATE].
Resident #1 had diagnoses which included Major Depressive Disorder ( is a mood disorder that causes a
persistent feeling of sadness and loss of interest and can interfere with your daily life.), Borderline
Personality Disorder (unstable moods, behavior, intense relationships, distorted self-image), Unspecified
Psychosis (a psychiatric diagnosis used when a person experiences symptoms of psychosis but does not
meet the full criteria for a specific psychotic disorder, such as schizophrenia or delusional disorder.) not due
to a substance or unknown physiological condition. Face sheet also reflected Resident #1 is her own
RP.Record review of Resident #1's Quarterly MDS dated [DATE] revealed Resident #1 had a BIMS score of
15 indicating no cognitive impairment. Review of Resident #1's care plan revised 05/25/2025 reflected
Resident #1 had history of trauma, history of making false allegations/inaccurate statements as evidence
by previously accusing with intervention of staff will investigate allegations/statements as per facility
policy.Review of Resident #1's progress notes written by the DON dated 09/15/2025 at 1:00 pm reflected: I
was called to patient's room by staff regarding an allegation of possible abuse. When I asked [Resident #1]
what happened, she stated that a Tall black man touched her vagina last night. She stated that the incident
occurred around 3 am last night. She reported no injury, pain or irritation to the vaginal area, I instructed
her staff nurse to do a complete skin survey. I then requested statements from staff who were present on
that hall last night. I also suspended the black aide who worked that hall pending an investigation.Review of
Resident #1's progress note written by RN A dated 9/15/2025 at 2:38 pm reflected: [MD] informed to this
nurse that [Resident #1] want to talk to you about her concern. When this nurse went to see [Resident #1],
she stated someone black aide came to my room and touched my vagina at night. This nurse informed
DON and ADON immediately. On floor NP and ADON with this nurse went to do assessment on resident.
On assessment [Resident #1] mentioned that black guy touched my upper pubis area (mons pubis) and
there were no signs of skin discoloration. [Resident #1] refused for any pain or discomfort.Review of
Resident #1's Progress notes and clinical records reflected no evidence of Resident #1 being offered to
speak to Law Enforcement and Resident #1 refused. A review in TULIP reflected on 09/15/2025 at 2:48 pm
the facility reported to HHSC: Description of the
(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:
455799
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
455799
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Austin Wellness & Rehabilitation
11406 Rustic Rock Drive
Austin, TX 78750
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
Allegation: [Resident #1] reported that a tall black man came into her room and touched her vaginal
area.Other Pertinent History: Resident has history of verbal aggression and making false
accusations.Actions and Notifications.Review of facility's in-services reflected an in-service titled Abuse and
Neglect Reporting dated 09/15/2025.Review of facility's investigation document reflected safety check of
residents on the hall with Resident #1 was completed on 09/16/2025 and it reflected no concerns regarding
abuse. A review of facility's Provider investigation Report dated 09/22/2025 reflected CNA B denied the
allegation. Assessment: Complete skin assessment was performed by the ADON, and no injury, bruising or
irritation was found.Were other parties notified? Example: physician, family, ombudsman: NP, RP, Admin,
DON, MD.Provider Action Taken Post-Investigation: in services conducted abuse, neglect, reporting
incidents, staff member suspended pending investigation.During an interview on 09/16/2025 at 11:30 am,
Resident #1 stated the other night to the morning hours, there was a tall dark man in her room, he had
grabbed her on her vagina, and she said NO! STOP! Resident #1 stated the tall dark man was wearing a
tank top and a pajamas like pants with flag on it. Resident #1 said she had never seen the tall dark guy in
the facility before, but he kept holding her vagina and about 10 minutes into it, another male voice came
from her doorway. Resident #1 stated she did not see the other male because her bathroom door was
opened and it prevented her from seeing the person at the door. Resident #1 stated she didn't tell anyone
at the time of the incident because she thought the male voice that came from the doorway had taken care
of it by reporting the incident. Resident #1 stated later that day she reported the incident and stated she
was raped but that was not the right word to use, the right terminology was she was sexually molested.
Resident #1 stated she had been raped before in the past that is why the word rape came out. Resident #1
stated RN A, the NP and the ADON came into her room and assessed her, and she explained what had
happened. Resident #1 stated she also spoke with the DON and explained the incident. Resident #1 stated
the DON had asked her to write a statement after she had already explained the incident to him and she
refused to write the statement.During an interview on 09/16/2025 at 11:55 am RN A stated she was called
by the MD to Resident #1's room due to Resident #1 having a concern. RN A stated she went into Resident
#1's room while the MD was present and Resident #1 stated a black man touched her private part and she
screamed. RN A stated she called the ADON and the DON and explained what Resident #1 had said. RN A
stated the NP was in the facility and was notified. RN A stated she, the ADON and the NP went into
Resident #1's room and assessed Resident #1. RN A stated there were no bruises, no indication of vaginal
penetration so Resident #1 was not sent to the hospital. RN A stated when they went to assess Resident
#1, Resident #1 said she was touched on the pubic area, not the vagina. During an interview on 09/16/2025
at 12:18 pm, LVN C stated she was the nurse assigned to Resident #1 on the night of the alleged abuse.
LVN C stated her assigned CNA was CNA B. LVN A stated she was not made aware of the alleged abuse
by Resident #1 who was usually vocal and was able to express her needs. LVN C stated CNA B was
wearing scrub pants with the American flag and black t-shirt on the night of the alleged abuse. LVN A said
she was called by the DON to come to the facility and write a statement regarding the incident. During an
interview on 09/16/2025 at 2:11 pm CNA B stated he worked the hall with Resident #1 on the night of the
alleged abuse. CNA B stated he worked with CNA D, they teamed up to provide care for the residents
assigned to both of them. CNA B stated during his final shift rounds by about 4am in the morning, he
checks on every resident to make sure they were still alive and breathing. CNA B stated he never went into
Resident #1's room by himself, he was with CNA D.CNA B stated he did not have to check and change
Resident #1 because she went to the restroom on her own. CNA B stated he was called by the DON to
come and write a statement and that he was suspended pending investigation.During an
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455799
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
455799
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Austin Wellness & Rehabilitation
11406 Rustic Rock Drive
Austin, TX 78750
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
interview on 09/16/2025 at 2:41 pm the DON stated he heard about the alleged abuse on the afternoon of
09/15/2025. The DON stated the MD was rounding at the time when Resident #1 made the allegation. The
DON stated RN A notified him and he immediately went to speak to Resident #1 to find out what had
happened. The DON stated the female nurses (ADON, RN A and the NP) went and assessed Resident #1
and found nothing. The DON stated he then called HR to suspend CNA B because that was his assigned
hall and Resident #1 had described the pants he was wearing the night of the allegation. The DON stated
the Administrator was out on vacation and he was responsible for completing the investigation regarding
the alleged abuse. The DON stated he had initiated an in-service on abuse and neglect, reported the
alleged allegation to HHSC, completed head-to-toe assessment on Resident #1, spoke with the night nurse
and so far, that was thorough and there was nothing else that needed to be done, even though Resident #1
has a history of false accusations. The DON stated he did not notify law enforcement/police because
Resident #1 did not describe anything other than he was touching her there, on top of her stomach. The
DON stated Resident #1 only wanted the facility to know what had happened and did not want to press
charges. The DON later stated, it was hours later, the AP was not here, I didn't necessarily believe her
[Resident #1]. During a phone interview on 09/16/2025 at 2:59 pm CNA D stated he worked the night of the
alleged abuse. CNA D stated usually he and CNA B would make rounds together on their shift but on the
night of the alleged abuse, he did not make rounds with CNA B. CNA D stated he went to help CNA B on
the morning of 9/15/2025 at about 4:30 am and CNA B was already done with Resident #1's room. CNA D
stated he did not see CNA B when he entered Resident #1's room. During an interview on 09/25/2025 at
11:45 am, Resident #1 stated, they pull down my pants, they used multiple phones flashlights to assess
me. I wanted to make a police report, but the police were not called. They did not offer or promise to call the
police after being molested by a guy.During an interview on 09/25/2025 at 12:34 pm the NP stated she, RN
A and the ADON assessed Resident #1 after Resident #1 alleged she was abused. The NP stated
Resident #1 stated that someone had touched her in her peri area. The NP stated she looked for bruising
and open areas and there were none, there was no sign that someone penetrated her, no discharge, no
bruising, no marking, nothing internal, it was external. The NP stated Resident #1 stated she didn't want
[CNA B] in her room anymore. The NP stated Resident #1 did not ask to talk to the police and she did not
hear anything about the police.During an interview on 09/25/2025 at 12:41 pm the Social Worker stated she
spoke with Resident #1 after the alleged abuse and Resident #1 stated she used the word rape which was
a strong word to use but she was angry and upset of the incident, so she said rape. The Social Worker
stated Resident #1 did not express wanting to talk to the police, if she [Resident #1], she would have called
the police. The Social worker stated she completed a safety check on 09/16/2025 with all the residents on
the hall with Resident #1 to ensure they all felt safe.During an interview on 09/25/2025 at 2:30 pm the
Administrator stated if there was an allegation the staff needed to report to him, if he was not available, the
staff needed to go to the DON. The Administrator stated, in his absence, the DON takes over investigations.
The Administrator stated when Resident #1 alleged abuse, he was on vacation. The Administrator stated if
there was an allegation of abuse, the expectation was to make sure the resident was safe, assess the
resident, interview staff and anyone with knowledge of the incident, in-service staff, ask other Residents of
anything in-appropriate, follow up on the investigation, monitor depending on what is going on, report to
HHSC, complete the 5 days investigation report. The Administrator stated the facility follows the provider
letter from HHSC regarding abuse and neglect and he was going to look at it to confirm if he was supposed
to notify law enforcement. The Administrator stated he was made aware of Resident #1 allegation of abuse,
but he did not participate in the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455799
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
455799
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Austin Wellness & Rehabilitation
11406 Rustic Rock Drive
Austin, TX 78750
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
investigation. The Administrator stated he spoke with Resident #1 on 09/18/2025, and Resident #1 stated
she didn't say it right; it was not rape. The Administrator stated Resident #1 said a tall black man came in
her room and touched her, she didn't see who it was, said she didn't like it. The Administrator stated he told
Resident #1 the facility will provide female CNAs only for her care to be safe. The Administrator stated, for
Resident #1 it was hard with her because of her delusion and hallucination. The Administrator stated the
AP was suspended pending investigation. The Administrator stated, I was not here, I don't know who was
notified, she [Resident #1] did not ask for the police, we want to investigate first before calling the police. I
did not know we had to notify law enforcement The Administrator stated the DON completed the
investigation, he looked at it after the DON had completed the investigation and he felt it was thorough.
Review of facility's policy titled Abuse Prevention and Prohibition Program dated 08/2020 reflected:
Purpose- To ensure the Facility establishes, operationalizes, and maintains an Abuse Prevention and
Prohibition Program designed to screen and train employees, protect residents, and to ensure a
standardized methodology for the prevention, identification, investigation, and reporting of abuse, neglect,
mistreatment, misappropriation of property, and crime in accordance with federal and state requirements.
Ill. The Administrator is responsible for coordinating and implementing the Facility's abuse prevention
policies, procedures, training programs, and systems.VI. InvestigationA. The Facility promptly and
thoroughly investigates reports of resident abuse, mistreatment, neglect, injuries of an unknown source, or
criminal acts.i. The Facility has protocols for investigations of theft/misappropriation of resident property
abuse. See Policy No. -AP - 11-Theft Prevention.B. If the Administrator receives a report of an incident or
suspected incident of resident abuse, mistreatment, neglect, injuries of an unknown source or crime, the
Administrator or designee may appoint a member of the Facility's management team (theInvestigator) to
investigate the alleged incident.i. If the investigation is delegated, the Administrator provides the
Investigator with any supporting documents related to the alleged incident.IX. Reporting/Response D. The
Facility will report allegations of abuse, neglect, exploitation, mistreatment, injuries of unknown source,
misappropriation of resident property, or other incidents that qualify as a crime. See AN - 01- Form E Initial Report - Facility Reported Incidents.i. Immediately, but no later than 2 hours after forming suspicion if the alleged violation involves abuse or results in serious bodily injury to the state survey agency, adult
protective services, law enforcement, and the Ombudsman (if applicable per state regulation).
Event ID:
Facility ID:
455799
If continuation sheet
Page 4 of 4