F 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Provide basic life support, including CPR, prior to the arrival of emergency medical personnel , subject to
physician orders and the resident’s advance directives.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review the facility failed to provide basic life support, including CPR to a
resident requiring emergency care prior to the arrival of emergency medical personnel and subject to
related physician orders and the residents advanced directives for 1 of 4 residents reviewed for emergency
care ( Resident #1)
The facility failed to assess and immediately initiate CPR when Resident #1, who was a full code, was
found unresponsive in the dining room on 08/11/24 at 7:10 a.m. CPR was not initiated until EMS arrived (12
minutes after the resident was found unresponsive). Resident #1 was transported to the hospital, found to
have large amounts of solid food in his airway, and pronounced deceased on [DATE] at 9:18 a.m.
An Immediate Jeopardy (IJ) was identified on 08/15/24. The IJ template was provided to the facility on
[DATE] at 6:10 p.m. While the IJ was removed on 08/16/24, the facility remained out of compliance at a
scope of isolated and a severity level of potential for more than minimal harm that is not immediate
jeopardy due to the facility's need to complete in-service training and evaluate the effectiveness of the
corrective systems.
These deficient practices could place residents at risk for not receiving immediate emergency services
(CPR) and death.
Findings included:
Review of Resident #1's face sheet with undated indicated he was a [AGE] year-old male initially admitted
to the facility on [DATE] and his last readmission date was 4/9/24. Some of his diagnoses were stroke,
cognitive communication deficit, and seizure disorder.
Record review of quarterly MDS dated [DATE] indicated Resident #1's cognitive status was severely
impaired with a BIMS score of 5. He required substantial to maximal assist with eating, and oral hygiene.
He was dependent for all other ADLs.
Record review of Resident #1's care plan dated 7/17/24 indicated the following care areas:
*At risk for choking related to seizure disorder requiring medications problem start date of 5/11/23 and last
edited on 8/2/24 . The approaches were to monitor the resident frequently throughout the shift following
seizure activity. To assess the resident after seizures, the time, length, level of consciousness, activity, and
respiratory activity if a seizure occurred.
(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 10
Event ID:
455963
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
*A mechanical soft diet due to a history of stroke with residual effects and contractors to bilateral hands
problem start date of 10/11/22 . The approaches may have clothes protector during meals if desired, ensure
a bedside table was provided in the ding area with meals for easy reach. Report problems to charge nurse
such as choking or difficulty chewing. Someone to assist with feeding on days he had difficult feeding
himself.
Residents Affected - Few
*An advance directive problem start date of 10/11/22 and last edited 7/10/24. The approach was full code.
Record review of Resident #1's computerized physician orders indicated the following:
*dated 4/9/24 for Full Code Status.
*dated 4/24/24 for regular diet, mechanical soft with thin fluids.
Record review of an EMS report dated 8/11/24 indicated at 7:16 a.m. dispatch received a call. The EMS
were in route at 7:17 a.m. and arrived on the scene at 7:20 a.m. The report indicated they were at the
patient at 7:22 a.m. and departed the scene at 7:30 a.m. The report indicated they were at the hospital at
7:37 a.m. The report indicated the Resident's primary impression was cardiac arrest with a reported-on set
of 7:10 a.m. and a duration of 12 minutes. The report indicated on arrival on the scene they asked for
directions to the patient, and the nursing staff pointed to a resident sitting in a wheelchair. The nurse who
gave report stated he had breakfast at about 6:30 a.m. and when she approached him at 7:10 a.m. he was
not responsive. There was no CPR initiated prior to EMS arrival. At 7:22 a.m. initial contact with the resident
showed he was unresponsive, pulseless, and warm to touch.
Record review of hospital records dated 8/11/24 indicated Resident #1 arrived at 7:38 a.m. with a diagnosis
of Cardiac arrest with pulseless electrical activity. Resident #1's airway was assessed per guided scope and
found to have large amounts of solid food throughout visible airway. The food products were noted in King
airway( a tube used for intubation for advanced airway management) as well. Attempts to clear the airway
via mechanical and suction removal. EMS stated the patient was sitting in a wheelchair at the nurse's
station unresponsive with no CPR in progress when they arrived. The patent had just eaten breakfast. The
exact down time is unknown. We were unable to replace the laryngeal mask airway ( LMA a medical device
that keeps a patient's air way open while they are unconscious) due to the amount of food in his trachea.
(Windpipe ). The patient was pulseless from the time of arrival to the time the MD pronounced him
deceased . Compressions were stopped at 8:45 a.m. and he was pronounced by the physician at 9:18 a.m.
as deceased .
Record review of Resident #1's nursing note dated 8/11/24 with a time of 7:50 a.m. but was created on
8/11/24 at 3:41 p.m. indicated, Resident #1 was up in his Geri-chair in the dining room for breakfast
between 6:30 a.m. and 7:00 a.m. He was sitting up joking with the other residents in his usual manner. He
consumed about 90 percent of his meal which consisted of oatmeal, eggs, and a biscuit. Kitchen Stall D,
Kitchen Staff E and LVN B remained in the dining area while this nurse (LVN A) assisted another resident to
his room. When nurse returned to the dining area Kitchen Staff D was loudly calling Resident #1's name
and tapping him. The nurse performed a sternum rub and he did not respond. He had a significant history
of seizures, hypoglycemia, and cardiac arrest. The nurse asked Kitchen Staff D to get LVN B and call 911
for help. LVN B called 911 and came to assist this nurse. The nurse proceeded to check the code status( to
determine If he was a do not resuscitate or to perform CPR) and gather items needed to assess the
resident while LVN B pushed the resident to the nursing
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 2 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
station. Resident #1 was a Full Code( indicated the resident wished for the facility to provide every possible
effort to save his life in a medical emergency including CPR). The nurse was unable to get vitals or arose
the resident per verbal or tactile stimulation. EMS arrived and initiated CPR. The note indicated the
responsible party was notified at 7:19 of the transfer to the hospital. and another entity was notified at 7:18
a.m. The note was written by LVN A.
Record review of a nursing note dated 8/11/24 at 9:20 a.m. indicated the facility contacted the family for a
report on Resident #1 and as informed the resident had expired.
Record review of a timeline provided by the facility on 8/15/24 at 3:40 p.m. by the administrator undated
indicated on 8/11/24 between 6:30 a.m. and 7:00 a.m. breakfast was served. LVN A was located in the
dining room until 6:50 a.m. when she left to walk a resident back to his room and check on another
resident. LVN B was in the dining room until approximately 7:00 a.m. and then gathered smokers to take
them out to smoke. At 6:50 a.m. Kitchen Staff D and Kitchen Staff Kitchen Staff were eating their breakfast
in the dining room. At 7:10 a.m. smokers came back inside, and Resident #1 appeared to be sleeping.
Kitchen staff D went to Resident #1 to take him to the lobby and could not get him to respond. Staff loudly
called his name, and LVN A overheard Kitchen Staff D talking to Resident #1 and walked into the dining
room. At 7: 14 a.m. LVN A told LVN B to call 911. LVN B dial 911 and handed the phone to CNA C. Then
LVN B returned to the dining room with LVN A. LVN A went to the nurse's station to verify Resident #1's
code status and get things to check Resident #1's vitals. LVN B then pushed Resident #1 to the nurse's
station after she was unable to get vital signs and he did not respond to a sternal rub. EMS arrived at
approximately 7:20 a.m. and left the facility at approximately 7:28 a.m. with CPR in progress. Verbal
statements from the staff indicated CNA C said she was asked by LVN B to speak with 911 between 7:10
a.m. and 7:14 a.m. During interviews Kitchen Staff D and Kitchen Staff E said between 6:30 a.m. and 7:00
a.m. they served breakfast. They said that LVN A was in the dining room sitting with residents. They said
that LVN B took the smokers out to smoke between 7:00 a.m. and 7:10 a.m. Kitchen Staff D said she went
over to Resident #1 to push him to the lobby to help nurses out like she always did while Kitchen Staff E
went back into the kitchen. Kitchen Staff D said she could not arouse Resident #1. She said she called his
name loudly and LVN A came in the dining room. LVN A said she asked Kitchen Staff D to get LVN B and to
call 911. LVN A said EMS arrived at approximately 7:15 a.m. to 7:20 a.m. Resident #2 said Resident #1 was
sitting up and talking and joking like he always did. She said she went out with the smokers at 7:00 a.m. for
smoke break. She said when she returned from smoking Resident #1 appeared to be sleeping. She said
Kitchen Staff D was standing with him, calling his name, and shaking him and LVN A came into the dining
room. There was no signature on the typed note.
During an interview on 8/14/24 at 4:50 p.m. a concerned citizen said the facility failed to put life saving
measures in place to prevent Resident #1 from dying. They said on 8/11/24 at about 7:30 a.m. EMS arrived,
and a full code resident was sitting in a chair, with nurses standing around not performing CPR. They said
EMS was informed by a nurse Resident #1 had been unresponsive since 7:10 a.m. They said Resident #1
was still in the chair and facility staff did not perform CPR to try and save the resident's life.
During an interview on 8/15/24 at 7:47 a.m. the Dietary Manager said she worked 8/11/24 as a CNA. She
said she heard Kitchen Staff D calling for LVN A. She said Kitchen Staff D told her Resident #1's lips were
blue when she approached him. The Dietary Manager said the two kitchen aides that worked on 8/11/24
Kitchen Staff D and Kitchen Staff E She said when she walked up front on the morning of 8/11/24 someone
had brought Resident #1 up to the front and CNA C was on the phone with 911. She said LVN B had the
Resident #1 in the Geri-chair and LVN A was behind the nurse's station.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 3 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
During an interview on 8/15/24 at 7:55 a.m. LVN A said Resident #1 was found in the dining room
unconscious. She said she was headed back to the dining room when she heard Kitchen Aide D screaming
and calling her name. She said when she went into the dining room Resident #1 was unresponsive, she
shook him, did a sternal rub, and did not get a response. LVN A said she asked Kitchen Staff D to get LVN
B. She said LVN B called 911. LVN A said she did not notice Resident #1's color or take his pulse. When
LVN B arrived, she went to check his code status she did not want to initiate CPR if he was a DNR. She
said they did not call for the crash cart. While she was at the nurse's station about 2 minutes, LVN B
brought Resident #1 up to the nurse's station. She said just about that time EMS walked in the facility. EMS
took Resident #1 out of his chair, put him on the gurney, and initiated CPR. LVN A said Resident #1 was a
Full Code. She said Resident #1 did not require assistance with eating, but he had a mechanical soft meat.
She said he was sitting at the table by himself with a tray table sit up just for him. She said Breakfast stated
about 6:30 a.m. and she left about 6:50 a.m. to go and assist another resident to his room. She said
Resident #1 had a history of heart attacks. She said he was in a Geri chair, and she checked the status by
looking in her book at the nurse's station. She said the crash cart was located on hall 3, but she never sent
for it. She said LVN B checked Resident #1's pulse. LVN A said when EMS arrived it was 4 or 5 EMS
workers, and they asked when the last time Resident #1 was responsive. She said she told them it was
about 7:10 a.m. She said she was behind the nurse's station when EMS arrived and LVN B handed
Resident #1 off to EMS. LVN A said she called the ADON/RN on the way to the nurse's station to let her
know what was going on. LVN A said she had been a nurse for less than a year, Resident #1 was her first
medical emergency. She said ADON/RN had educated them on doing CPR no matter what. LVN A said she
was not sure of the exact time frame because everything appeared to go so fast, but it was at least 5
minutes maybe 10 minutes form the time she saw the resident in the dining room until EMS arrived.
During an interview on 8/15/24 at 8:15 a.m. the Administrator said they had completed a timeline regarding
Resident #1. They had investigated the incident and taken statements from staff. She said their
investigation did not determine any abuse or neglect, so they had not called the incident into the state. She
said they had tried to get hospital records but were unable to do so. She said the EMS company was right
down the road less than 5 minutes from the facility and they arrived almost immediately after being called.
During an interview and observation on 8/15/24 at 8:17 a.m. LVN B said on 8/11/24 most residents had
finished eating and had left the dining room or been taken to their rooms. She said LVN A left the dining
room to take a resident back to his room. She said around 7:00 a.m. there were only two residents left in
the ding room, Resident #1, and Resident #2. LVN B said at about 7:00 a.m. someone wanted her to take
them out to smoke. She said when she walked outside Resident #1 was drinking his coffee. She said he
had a little food on his plate. LVN B said when she came back inside after about 10 minutes, she did not
really look at Resident #1. She said she had one resident to push inside, and she had the cigarette box.
She said she was at the nurse's station, and she heard Kitchen Staff D yelling for her. LVN B said as she
was on her way, she heard LVN A and heard both say come here. She said LVN A called for her, heard her
say call 911. LVN B said she called 911 and had CNA C to hold the phone with EMS. She said when she
arrived in the dining room Resident # 1 was laid back in his Geri chair, she did see a blue [NAME] to his
lips. She said LVN A went to get blood pressure cup and pulse ox. LVN B said she did a sternal rub, she
checked Resident #1's pulse at his wrist and neck, and he did not have a pulse. She said she was probably
with the resident about 2 minutes after LVN A left. She said LVN A did not return. She said she did not
initiate CPR. LVN B said she took Resident #1 to the nurse's station in his Geri chair. LVN B pointed out
where the resident was in the dining
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 4 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
room which was close to the exit door for the smokers.
Level of Harm - Immediate
jeopardy to resident health or
safety
Observations and interview indicated it was about 100 feet across the dining room to the door and about 5
to 7 feet from the door to the nurse's station. LVN B said the whole process took 5 to 6 minutes. She said no
one got the crash cart and she did not request the cart. She said when she got Resident #1 to the nurse's
station EMS arrived. LVN B said EMS pulled Resident #1 out of the chair put on gurney and started doing
compression right there in the hallway. She said EMS did not ask her any questions, they asked LVN A for a
face sheet. LVN B said at school she was taught you did not start CPR until after you verified code status.
She said she had been a nurse since January 2024, and this was her first job. She had done CPR but only
on a dummy, and Resident #1 was her first code. LVN B said she was in serviced after the incident on
8/11/24 by ADON/RN who said you start CPR first and then check the code status.
Residents Affected - Few
During an interview on 8/15/24 at 8:28 a.m. LVN A said she noted Resident #1's color was off, she did not
note anything about his lips being discolored.
During an interview on 8/15/24 at 8:30 a.m., ADON/RN said she came to the facility on 8/11/24 after the
Resident #1 was taken to the hospital. She said she got a call from LVN A on 8/11/24. She said her
telephone log indicated that call was received at 7:18 a.m. and she was on the phone about two minutes
with LVN A. She said when she arrived at the facility, she did in services on emergency procedures and
providing CPR. ADON/ RN said she could not say that anyone did anything wrong she just felt that the staff
needed education.
During an interview on 8/15/24 at 9:00 a.m. CNA C said she worked at the facility for 20 years, and was at
the facility on 8/11/24. She said she was coming the hall brings something to the dining room. She said she
heard Kitchen Staff D yell for LVN A to come to the dining room and run. CNA C said when she made it to
the nurse's station LVN B was running to nurse station to call 911. She said LVN B gave the phone to her
and told her what to tell dispatch. She said LVN B said they had a resident that was unresponsive, and he
was in the dining room. CNA C said while she was still on the phone LVN A came to the Nurses station to
see if Resident #1 was full code or DNR. She said LVN A looked on the computer. CNA C said LVN A was
on her cell phone talking to ADON/RN. She said she did not know how long LVN A was at the nurse's
station, she turned her back while still on the phone with EMS dispatch. She said LVN B brought Resident
#1 to the nurse's station still in the Geri chair. CNA C said LVN B asked her to take him to his room while
she was still on the phone. CNA C said when Resident #1 was brought to the nurse's station she did not
see his color, and no one asked her to get the crash cart. She said after calling EMS they arrived about 5
minutes later. CNA C said it might have been 10 minutes form the time of Kitchen Staff D was screaming to
EMS got to the facility. CNA C said LVN A was behind the nurse's station at that point. She said when EMS
arrived, LVN B pointed to Resident #1 in the Geri chair. CNA C said EMS asked a few questions, they put
Resident #1 on the stretcher, and initiated CPR. She said she did not write a statement; she did not see
anyone taking vitals.
During an interview and observation on 8/15/24 at 11:05 a.m. LVN A revealed a book at the nurse's station.
Observation of the book showed a couple of pages dated 8/14/24 with full code residents on the first page
and DNR residents on the second page. LVN A said they just updated the list yesterday and that was the
book she used to determine if Resident #1 was a full code. She said she did not know how long she
remained at the nurse's station after checking but before she could get back to the dining room, LVN B had
brought Resident #1 to the nursing station. LVN A said just about that time EMS walked in. She said that
she had not taken Resident #1's pulse or checked his mouth to see if there was any food or blockage.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 5 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
During an interview and observation on 8/15/24 at 11:07 a.m. with the ADON/LVN . The crash cart was
located on hall 6 in a storage room. The cart had all the required supplies and on the crash cart was a list of
Resident and their code status. The ADON/LVN said the list has always been on the crash cart. The ADON
said the AED was located on the wall behind the nurse's station. Observation of the AED showed it was on
the wall with the pads right beside it. Also, a battery check of the AED showed it was in working order.
During an interview on 8/11/24 at 11:25 a.m. Resident #2 said she was in the dining room on the morning
of 8/11/24. She said Resident #1 was his usually joking self. She said they went out to smoke about 7:00
a.m. and he asked for another cup of coffee right before they left. Resident #2 said when they came back
inside about 10-15 minutes later, Resident #1 was sitting in his chair and appeared to be asleep. Resident
#2 said she spoke to Resident #1, but he did not speak back. She said it looked like he ate all his food, and
sometimes he chokes when he eats, and he made noises in his throat when he ate. She said Kitchen Staff
D went over to him and she could not get him to awaken so she started screaming. She said LVN A and
LVN B came running. She heard them say something about code status, and they could not find a pulse.
She said after a few minutes they took him out of the dining room.
During a telephone interview on 8/11/24 at 11:43 a.m. Kitchen Staff D said that she and Kitchen Staff E
were in the kitchen with the door closed. She said around 6:50 a.m. they went out to eat their breakfast in
the dining room. She said when they first went into the dining room LVN B was there but had gone to get
the smoking box for the residents. Then she took them out to smoke. Resident #1 was sitting at the table,
and he looked like he was sleeping. She had gone to take him out of the dining room, she said she
normally helped the aides get some of the residents out. She said when she had gone over, she could not
get Resident #1 to respond, and his color was off. She called his name several times and she guessed LVN
A heard her, she did not remember calling her name. Kitchen Staff D said the nurse came and told her to
get LVN B. She said LVN B called 911. She did not know what happened after that she said it was 2 or
three minutes and they had him up front and she knew the paramedics came and she went back into the
kitchen.
During a telephone interview on 8/11/24 at 11:50 a.m. Kitchen Staff E said she and Kitchen Staff D came
out of the kitchen around 6:50 a.m. when they arrived in the dining room LVN A got up to take a resident
back to their room. She said LVN B went to take the residents out to smoke. She said the whole time they
ate their breakfast Resident # 1 appeared asleep. She said she left to go back in the kitchen at about 7:10
a.m. when she finished eating and Kitchen Staff D went to take Resident #1 out of the dining room. Kitchen
Staff E said she did not hear any commotion and was only aware of the situation when Kitchen Staff D
came back into the kitchen.
During an interview on 8/15/24 at 2:22 p.m. the Administrator and ADON/RN were informed of the concerns
about the resident choking and no CPR being provided prior to EMS arrival. They said that EMS company
was right down the street, and it did not take them long to arrive at the facility, about 5 minutes. The
Administrator said staff acted appropriately, they called 911. The staff did what they were supposed to do.
During an interview on 8/15/24 at 2:55 p.m. LVN B said she did not look in Resident #1's mouth. She said
when they went out to smoke, he had a little food on his plate. She said there was a spoon or two of
oatmeal and a small piece of biscuit. She did not look at his plate when they returned, or the plate may
have been removed. She said the resident did cough on occasion when he ate but she had never seen him
choke.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 6 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
During an interview on 8/15/24 at 3:00 p.m. CNA C said Resident #1 coughed a lot it did not matter if he
was eating or not. Sometimes he did cough when he was eating and cleared his throat quite a bit. She said
he had done that for a long time, and it was nothing new.
During an interview on 8/15/24 at 3:05 p.m. p.m. CNA F said Resident #1 had a deep cough that would
startle you. She said he did cough when he ate occasionally.
Residents Affected - Few
During an interview on 8/15/24 at 3:10 p.m. LVN A said she did not look in Resident #1's mouth on the
morning of 8/11/24. She had gone to get the supplies to complete his vitals. She had told EMS he had been
unresponsive 5 to 10 minutes before they arrived.
During a telephone interview on 8/15/24 at 3:15 p.m. with the DON and ADON/RN, LVN A and the
Administrator was present. The DON said the nurses saw Resident #1 unresponsive and tried to arise him.
She said LVN A went to the nurse's station to get supplies. She said the resident had a history of seizures
and she likely thought he had a seizure.
The DON said she stood behind her staff, the resident was unresponsive, and they called 911. She said
that was what they were supposed to do, EMS arrived in about 5 minutes, and they did not have time to
initiate CPR. The DON asked LVN A what she thought might have happened with Resident #1. LVN A said
she did not know what she thought. LVN A said she was going back to the dining room to check Resident
#1's blood sugars because she had not had time to do so prior to breakfast. She said when she found
Resident #1 unresponsive, she did not check his blood sugar either. LVN A said it was her first code ever,
and her first emergency. She said Resident #1 did have a change in the tone of his skin. She said his skin
was usually a light brown but was more of a whiter tone.
During an interview on 8/15/24 at 3:40 p.m. the DON and the Administrator said Resident #1 could have
had a seizure. The Administrator said they called 911 and EMS at the facility within 6 minutes. The DON
said the nurse did a sternal rub, and that was the first part of an assessment, and then they called 911. The
Administrator said their timeline correlated with EMS.
During an interview on 8/15/24 at 4:45 p.m. the ADON/RN said the book that contacted the codes had
always been at the nurse's station with code status and the code status were always on the crash cart.
They update them every Monday and put them in the book and on the cart.
During an interview on 8/1524 at 5:31 p.m. ADON/RN said regarding care plan Resident #1 wanted to be
more independent and they allowed him to do so by feeding himself. When he first came to the facility he
could hardly move or do anything for himself, but he gotten better. She said he did have days when he
required assistance with eating.
During a telephone interview on 8/19/24 at 4:05 p.m. an EMS worker said they were notified by dispatch on
the morning of 8/11/24 there was a resident at the facility in cardiac arrest. The worker said the dispatch
said Resident #1 was in the dining room. The EMS worker said when they arrived it was four of them that
entered the facility at 7:22 a.m. and were directed to a resident sitting beside the nurse's station in a
laid-back chair. They were told this was the resident in distress. The EMS worker said an assessment of
Resident #1 showed him to be pulseless and they removed him from the chair and began CPR. He said the
nurse told him at 7:10 a.m. Resident #1 was unresponsive. The EMS worker said there had never been a
time when they had gone to a facility and nurses were just standing around not providing CPR to a resident
in need. The worker said there were at least two people behind the nurse's station and one holding on to
Resident #1's chair. The EMS worker said it was over 10
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 7 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
minutes and no CPR was being performed. The EMS worker said when they got the resident to the
hospital, they found food in his airway. The facility staff said he had just eaten breakfast but gave no
indication he could have choked.
Record review of in service dated 8/11/24 was provided to the investigator on 8/15/24 at 8:30 a.m. indicated
staff were educated on Emergency Procedure policy. Record review of facility emergency
procedure/cardiopulmonary resuscitation policy last revised, June 2019. [The policy statement indicated
personnel have completed training on the initiation of CPR and basic life support, including defibrillation, for
victims of sudden cardiac arrest. The chances of surviving a sudden cardiac arrest may be increased if
CPR is initiated immediately upon collapse. The delivery of shock with the defibrillator plus CPR within 3 to
5 minutes of collapse can further increase chances of survival. If the resident's DNR status is unclear, CPR
will be initiated until it is determined that there is a DNR or physicians order not to administer CPR.
Emergency procedures indicated if an individual is found unresponsive, briefly check for abnormal or
absence of breathing. If sudden cardiac arrest is likely begin CPR. Staff member to activate the emergency
response system code and dial 911. Instructed staff member to retrieve the automatic external defibrillator.
Verify or instruct the staff member to verify the DNR or code status of the individual. Initiate the basic life
support sequence of events, continuous CPR and basic life support until emergency medical personnel
arrive.]
The Administrator and were notified on 08/15/24 at 6:10 p.m. that an Immediate Jeopardy situation was
identified due to the above failures. The Administrator was provided the Immediate Jeopardy template on
08/15/24 at 6:10 p.m. and a Plan of Removal was requested.
The facility's Plan of Removal was accepted on 08/16/24 at 12:40 p.m. and included:
[Plan of Removal:
678: Cardio-Pulmonary Resuscitation (CPR)
The facility failed to fully monitor the Resident #1 while he was eating to prevent possible choking. The
resident was found unresponsive by a dietary staff. The facility failed to immediately assess the resident or
check for a pulse, when finding him unresponsive. They failed to initiate CPR within the first 6 to 16 minutes
of finding Resident #1 unresponsive. They failed to follow the facility policy on CPR.
1. Immediate Actions Taken for Those Residents Identified:
Action: Resident #1 was noted as unresponsive in the dining room, 911 called, EMTs initiated CPR (not the
facility), resident left the home with EMTs in the same condition as noted in the dining room (unresponsive).
Resident #1 was later pronounced as deceased outside the nursing home.
Person(s) Responsible: Charge Nurse
Date: 8/11/2024
2. How the Facility Identified Other Possibly Effected Residents:
Action: Completed a DNR and Full Code audit:
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 8 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Reviewed Physician orders, vs the face sheet, vs the care plan, vs the Out of Hospital DNR (if applicable)
to ensure all are matching and correct.
Person(s) Responsible: Director of Clinical Operations, Clinical Resource Nurse, and/or Designee
Date: 8/15/2024
Residents Affected - Few
Action: Audit staff CPR cards to ensure proper number of certified employees present each shift.
Person(s) Responsible: Human Resources, Administrator, and/or Designee
Date: 8/15/2024
3. Measures Put into Place/System Changes to remove the immediacy, and what date these actions
occurred:
Action: Ensured the crash cart has an updated list of full code and DNR residents.
Person(s) Responsible: Administrator and/or Designee
Date: 8/15/2024
Action: The facility will be updating their CPR policy to take out:
If the resident's DNR status is unclear, CPR will be initiated per the below procedure until it is determined
that there is a DNR or a physician's order not to administer CPR.
The facility will be updating their CPR policy to now reflect:
If the staff assigned to check the resident's code status is unable to verify if the resident is a Full Code or
DNR, CPR will be initiated, per the procedure lined out below, until it is determined that there is a DNR in
place, a physician's order to stop CPR, and/or the Emergency Medical Technician/Paramedics take control
of the event.
Person(s) Responsible: Chief Nursing Officer
Date: 8/16/2024
Action:
Administrator and Director of Nursing educated regarding the Emergency Management Code Procedure
Policy and meal supervision expectations by the Director of Regulatory Compliance and meal service
supervision (training the trainer).
All Nurses educated regarding Emergency Management Code Procedure Policy (Updated on 8/16/2024) to
include the following, in which would be the response in an emergency situation for a full code resident
requiring CPR:
1. If an individual is found unresponsive, the nurse to first arrive to the resident will briefly
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 9 of 10
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
455963
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/16/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Carthage
701 S Market St
Carthage, TX 75633
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 0678
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
assess for abnormal or absence of breathing. If sudden cardiac arrest is likely, begin CPR: The first
responding nurse will- Instruct a staff member to activate the emergency response system (code) and call
911.
The first responding nurse will- Instruct a staff member to retrieve the automatic external defibrillator.
The first responding nurse will- Verify or instruct a staff member to verify the DNR or code status of the
individual.
Initiate the basic life support (BLS) sequence of events.
2. The BLS sequence of events is referred to as C-A-B (chest compressions, airway, breathing).
3. Chest compressions: Following initial assessment, begin CPR with chest compressions.
Push[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
455963
If continuation sheet
Page 10 of 10