F 0607
Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews, and record review, the facility failed to implement their written policies and procedures that
prohibit and prevent the abuse of residents for one (Resident #1, 2, 3, 4, 5, and 6) of six residents reviewed
for abuse.
Residents Affected - Few
The facility failed to ensure the Abuse and Neglect Policy was implemented by the facility's staff member,
when monitoring tech (MT A) abused Resident #1 and M T B, who witnessed this abuse failed to intervene
and report it.
This failure could place residents at risk of abuse, neglect, physical harm, pain, mental anguish, emotional
distress, and serious harm.
Findings included:
Record review of Resident #1's (R#1) admission Record dated 06/28/24, indicated R#1 was a [AGE]
year-old male, who was admitted to the facility on [DATE] with diagnoses of pneumonia (infection that
inflames air sacs in one or both lungs, which may fill with fluid), cognitive communication deficit (difficulty
paying attention to a conversation, responding accurately), unspecified symbolic dysfunctions (language
impairments that are caused by underlying medical conditions), mood disorder due to known physiological
condition (a mental health condition that primarily affects your emotional status), bipolar disorder (a
disorder associated with episodes of mood swings ranging from depressive lows to manic highs),
depression (a group of conditions associated with the elevation or lowering of a person's mood, such as
depression or bipolar disorder), generalized anxiety disorder (Severe, ongoing anxiety that interferes with
daily activities), Parkinsonism (a disorder of the central nervous system that affects movement, often
including tremors), and mild cognitive impairment of uncertain or unknown etiology (the stage between the
unexpected decline in memory and thinking that happens with age).
Record review of R#1's Quarterly Minimum Data Set (MDS) dated [DATE], indicated R#1 had a Brief
Interview for Mental Status score of 6, which indicated he was severely impaired. This MDS's GG section
for Self-Care indicated R#1 was dependent with toileting hygiene, required set-up or clean-up assistance
with eating, substantial maximal assistance with oral hygiene, shower/bathe self, upper and lower body
dressing, putting, or taking off footwear, and personal hygiene. This MDS's GG section for mobility indicated
R#1 could independently roll left to right on his bed, sit to lying, lying to sitting, and sit to stand. This MDS
indicated R#1 could independently walk 10 feet, once standing, in a room, corridor, or similar space, could
walk 50 feet with two turns, once standing, and could walk 150 feet, once standing, in a corridor or similar
space.
(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:
675019
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
675019
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/28/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Apex Secure Care Brownfield
1101 E Lake St
Brownfield, TX 79316
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Record review of R#1's current Care Plan (triggered items) indicated on 06/10/24 R#1 stated a staff
member pushed him down; however, staff reported no falls were observed.
Review of MT B's written statement indicated the incident dated 06/10/24 involved MT A being aggressive
to R#1 by rush walking him and like adding force just to get him on the bed.
Residents Affected - Few
Review of MT A's statement dated 06/10/24 indicated MT B redirected R#1 to his room, and they both
called for assistance from the nursing staffs (LVN H, and CNA I). MT A said to his knowledge R#1 never fell.
Record review of MT A's Employee Disciplinary Report Action dated 06/10/24 indicated he was suspended
pending investigation.
Record review of MT A's Employee Disciplinary Report Action dated 06/11/24 indicated he was discharged
due to date of infraction on 06/09/24.
Record review of MT B's Employee Disciplinary Report Action dated 06/10/24 indicated he was suspended
due to date of infraction on 06/09/24.
Record review of MT B's Employee Disciplinary Report Action dated 06/11/24 indicated he was discharged
due to date of infraction on 06/09/24.
During an interview on 06/26/24 at 10:19 am with the MS C indicated on 06/10/24, he was reviewing the
facility's videos when he discovered Hall B had a video with the date stamped 06/09/24 at 9:26 pm. This
video revealed monitoring techs (MT A and MT B) were walking past Resident #1 (R#1), who was standing
next to the handrail and holding on the hall's handrail with his right hand. MT A and MT B stopped next to
R#, MT B grabbed R#1's left arm and MT A walked to R#1's right side and pulled and jerked his hand from
the rail that he was holding. Afterwards, MT A and MT B walked R#1 to his room and closed the door. MS C
said he was interviewing MT B because R#2 alleged he had called her a bitch. That was when MT B asked
why he was being investigated, when they should be investigating MT A. MT B said on 06/09/24, he
witnessed MT A push R#1 down in his room, after MT B and MT A escorted him to his room. MS C said
this video revealed MT A was too aggressive with R#1, when he pulled on his arm and jerked his hand from
the handrail. MT A said this video revealed MT A was walking too fast for R#1, because R#1, who walks
very slowly, was being pulled by MT A towards his room.
During an interview on 06/26/24 at 2:30 pm MT B said he saw R#1 walking around B Hall and he was not
supposed to walk around because he was a fall risk. MT B said he was walking past R#1 with MT A, when
they stopped and redirected R#1 to go to his room. That was when MT A directed MT B to grab his left arm
and he complied, while MT A grabbed his right arm and hand, MT B stated MT A had to pull and jerk R#1's
hand and arm, because R#1 was holding on to the handrail. Then MT A and MT B took R#1 by his arms to
his room, but MT B had to direct MT A to slow down because R#1 could not keep up. Upon entering the
room, MT B said MT A shoved R#1 from behind causing him to fall onto the floor, and they tried to pick him
up but were unable to because of his size. MT B said he directed MT A to notify Licensed Vocational Nurse
(LVN F) and he complied. MT B said once the nurses entered the room, they were informed R#1 had fallen
and the nurses said they should not try to pick up the resident, instead they should notify the nurse first. MT
B said he reported this incident to MS C the following day when questioned about another incident. MT B
said he did not report this incident immediately after it happened because this was the first time, he has
seen this happen, and it was his first time working in this type of facility.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675019
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
675019
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/28/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Apex Secure Care Brownfield
1101 E Lake St
Brownfield, TX 79316
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During an interview on 06/27/24 at 8:25 am R#1 indicated a man at the facility pushed him in his room and
he did not want to return to the facility because he was afraid of this man.
During an interview on 06/28/24 at 10:49 am with MS C indicated as soon as he observed the video
involving MT A being too aggressive with R#1 as he and MT B took him to his room, he showed the video
to the Administrator. Afterwards, MS C said he and the Administrator called MT A and suspended him over
the phone pending an investigation.
During an interview on 06/28/24 at 11:51 am with Nurse Practitioner (NP D) indicated staff should not have
taken R#1 from the hallway and into his room, if he was not displaying a behavior or was unsteady on his
feet. If R#1 was unsteady, staff should have provided him with a wheelchair, gently redirect him, and not
make him leave the area, where he was standing and holding to the handrail.
During an interview on 06/28/24 at 12:53 pm with LVN E indicated R#1's original Care Plan dated 03/13/24
included wandering and aggression that would be addressed by guiding away the source of distress,
engaging him calmly in conversation, and if aggressive, staff were to walk away and respond later. LVN E
said the plan did not include pulling R#1 away from the handrail and making him go to his room.
During an interview on 06/28/24 at 1:28 pm with the Director of Nurses (DON) indicated R#1's Incident
Report dated 06/07/24 at 5:12 pm R#1 revealed he had sustained a witnessed fall and had no new injuries,
and this was the last noted fall.
During an interview on 06/28/24 at 2:26 pm with LVN F indicated she was working on 06/09/24 and
witnessed R#1 place himself on the floor and was not complying with redirection. During this shift, MT A
asked her to go the R#1's room because R#1 was on the floor. LVN F said she entered R#1's room and
saw him sitting on his bottom upright in front of his bed. LVN F said she it was never reported to her that
R#1 had fallen or slipped off his bed. LVN F said she had asked the monitoring techs to redirect R#1
behaviors, turn him around, and guide him to his room, but never to force him away from the handrail or to
his room. LVN F said if R#1 was noncompliant with redirection, the monitoring techs should report this to
the nurse or leave him alone until he calms down or is easily redirected.
During an interview on 06/26/24 at 9:34 am with Resident #3 indicated she had not been mistreated by any
monitoring techs.
During an interview on 06/27/24 at 2:20 pm with Resident #4 indicated she had not been mistreated by any
monitoring techs.
During an interview on 06/28/24 at 5 pm with Resident #4 indicated she had not been mistreated by any
monitoring techs.
During an interview on 06/28/24 at 5:43 pm with Resident #4 indicated she had not been mistreated by any
monitoring techs.
During an interview on 07/01/24 at 11:53 am with the hospital's Social Worker indicate R#1 was refusing to
return to the facility because someone there had hurt him. The Social Worker said they were in the process
of making a discharge plan to another facility, per his request.
The facility's policy for Abuse Prevention Program dated December 2016 indicated Our residents have
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675019
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
675019
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/28/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Apex Secure Care Brownfield
1101 E Lake St
Brownfield, TX 79316
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
the right to be free from abuse, neglect, misappropriation of resident property and exploitation. This
includes but is not limited to freedom from corporal punishment, involuntary seclusion, verbal, mental,
sexual, or physical abuse, and physical or chemical restraint not required to treat the resident's symptoms.
This program included as part of the resident abuse prevention, the administration will: protect residents
from abuse by anyone including, but not necessarily limited to facility staff, other residents, consultants,
volunteers, staff from other agencies, family members, legal representatives, friends, visitors, or any other
individual. This program included staff training/orientation programs that include such topics as abusive
prevention, identification and reporting of abuse, stress management, and handling verbally or physically
aggressive resident behavior.
The facility's policy for Recognizing Signs and Symptoms of Abuse/Neglect dated January 2011, indicated
Our facility will not condone any form of resident abuse or neglect. To aid in abuse prevention, all personnel
are to report any signs and symptoms of abuse/neglect to their supervisor or to the Director of Nursing
Services immediately. This policy included examples of abuse/neglect and signs and symptoms of
abuse/neglect that should be promptly reported. However, this listing was not all-inclusive. Other signs and
symptoms or actual abuse/neglect may be apparent. When in Doubt, report it. The signs of actual physical
abuse included welts or bruises; abrasion or lacerations; fractures, dislocation, or sprains of questionable
origin; black eyes or broke teeth; improper use of restraints.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675019
If continuation sheet
Page 4 of 4