F 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide pharmaceutical services to meet the needs of each resident and employ or obtain the services of a
licensed pharmacist.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to provide pharmaceutical services (including
procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and
biologicals) to meet the needs of each resident for 1 of 6 (Resident #43) reviewed for pharmacy services.
The facility failed to provide Resident #43's naproxen (anti-inflammatory medication) 250 mg tablet ordered
to be given two times a day from 1/4/2025-4/8/2025 per physician's orders.
This failure could place residents who received administered medications at risk of not receiving the
intended therapeutic benefit of their medications.
Findings included:
Record review of a face sheet for Resident #43 dated 4/8/2025 indicated she admitted to the facility on
[DATE] and was [AGE] years old with diagnoses of heart failure (heart is not able to pump enough blood to
the body), ankylosing spondylitis in spine (anti-inflammatory disease that causes pain and stiffness in the
spine), and spinal stenosis (narrowing of the spine).
Record review of a Quarterly MDS assessment dated [DATE] for Resident #43 indicated she had moderate
impairment in thinking with a BIMS of 12. She required substantial/maximal assistance with eating, oral
hygiene and upper body dressing and was dependent with all other ADL's. She received scheduled pain
medication regimen during the 5 day look back period and had pain frequently with pain intensity of a 5
(moderate pain) out of 10 on a 1-10 pain scale.
Record review of a care plan for Resident #43 dated 3/24/2025 indicated she had pain in right shoulder.
Interventions included to administer medications per MD order.
Record review of a MAR for Resident # 43 dated 4/1/2025-4/8/2025 indicated an order for naproxen 250
mg twice a day to be given at 8 am and 8 pm with a start date of 1/4/2025 revealed from April 1-April 8,
2025, the medication was given as ordered with initials present.
Record review of active physician orders for Resident #43 dated 4/8/2025 indicated an order for naproxen
250 mg twice a day to be given at 8 am and 8 pm with a start date of 1/4/2025.
During an observation and interview on 4/8/2025 at 8:58 AM, revealed MA C was in the process of
administering medications to Resident #43. MA C pulled a bottle of OTC naproxen that was 220 mg from
(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 13
Event ID:
675217
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
the medication cart and said all the facility had available was for 220 mg tablets and the MAR for Resident
#43 had an order that started on 1/4/2025 for naproxen 250 mg to be given twice daily. He said he had
been giving naproxen 220 mg since the order was given by the physician in January 2025. He said he did
not notice the order being incorrect until being observed by the Surveyor that day (4/8/2025). He did not
give the medication and said he would notify the charge nurse. He said he was instructed to look at the
medication before administering to be sure it was for the right person, the right dosage, the right time, the
right medication, the right site, and the right route. He said if they did not follow those things, it could cause
sickness, or a possible reaction and they would have to let the family and physician know. He said a
resident could have a reaction to the medicine. He said he should have paid more attention. He immediately
called for the charge nurse who came to the medication cart and told her that the order in the chart for
Resident #43's naproxen was 250 mg and all available in the facility was an over-the-counter supply of 220
mg tablets. LVN D said she would contact the physician.
Record review of clinical competency: medication pass for MA C dated 11/1/2024 indicated he was
satisfactory with observing the seven rights of administration that included the right dose/dosage form.
During an interview on 4/8/2025 at 9:09 AM, LVN D said she was the charge nurse for that day. She said
she was not aware of the order for naproxen 250 mg for Resident #43 before being notified by MA C and all
that was available in the cart was naproxen 220 mg tablets. She said staff should verify the medication with
the order for the milligrams before administering. She said if they did not then it was a medication error, and
residents could have side effects of an overdose or not get enough of the medication that was needed. LVN
D said she contacted the NP and received an order for naproxen 220 mg to be given twice daily. She said
the order was a data entry error as the facility only had 220 mg of naproxen OTC available.
Record review of a MAR for Resident #43 dated 4/1/2025-4/8/2025 indicated an order for Aleve (naproxen)
OTC 220 mg twice a day with a start date of 4/8/2025.
Record review of active physician orders for Resident #43 dated 4/8/2025 indicated an order for Aleve
(naproxen) OTC 220 mg twice a day with a start date of 4/8/2025.
During an interview on 4/9/2025 at 8:43 AM, the DON said she was not aware of Resident #43's order for
naproxen not matching what was in the medication cart. She said staff should look at the order and
compare to the bottle of medication and if not correct it should be reported. She said with each medication
to be administered they should check the order against the MAR. She said if they did not check, there could
be a medication error. She planned to in-service staff to make sure they checked to make sure orders were
entered correctly. She said there was health risk to the residents if staff did not follow the physician orders
for medications.
Record review of an in-service dated 4/8/2025 conducted at the facility on Medication Administration and
MA C was in attendance with his signature present.
During an interview on 4/9/2025 at 9:40 AM, the Administrator said the DON was responsible for ensuring
physician's orders were entered correctly. He said dosages could be mistaken and residents could receive
the wrong medications if they were not accurate. He said he expected all medications to be entered
correctly and accurately.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 2 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0755
Level of Harm - Minimal harm
or potential for actual harm
Record review of a facility policy titled Administering Medications dated April 22, 2022, indicated,
.Medications shall be administered in a safe and timely manner as prescribed. 8. The individual
administering the medication must check the label three (3) times to verify the right resident, right
medication, right dosage, right time, and right method (route) of administration before giving the medication
.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 3 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0805
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Ensure each resident receives and the facility provides food prepared in a form designed to meet individual
needs.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure each resident received and the facility
provided food prepared in a form designed to meet individual needs for 4 of 4 (Resident #6, Resident #28,
Resident #40, and Resident #41) residents reviewed for puree diets.
The facility failed to prepare the pureed diet to the consistency required for Residents #6, Resident #28,
Resident #40, and Resident #41.
This failure could place residents who received pureed meat and vegetables at risk of not having nutritional
needs met by consuming foods that could cause choking and decreased meal intakes.
Findings included:
Record review of face sheet dated 04/08/25 for Resident #6 indicated she admitted to the facility on [DATE]
and was a [AGE] year-old female with diagnoses of diabetes (high glucose levels in the blood) and muscle
weakness.
Record review of a physician's order summary dated 04/08/25for Resident #6 indicated an order for regular
pureed diet and thin liquids dated 11/23/20.
Record Review of face sheet dated 04/08/25 for Resident #28 indicated she admitted to the facility on
[DATE] and was [AGE] year-old female with diagnoses of dysphagia (difficulty swallowing) and dementia
unspecified (decline in cognitive abilities)
Record review of a physician's order summary dated 04/08/25 for Resident #28 dated 04/08/25 indicated
an order for enhanced regular diet, pureed texture dated 12/02/2024.
Record review of face sheet dated 04/08/25 for Resident #40 indicated he admitted to the facility on [DATE]
and was [AGE] year-old male with diagnoses of dysphagia (difficulty swallowing) and muscle wasting.
Record review of a physician's order summary dated 04/08/25 for Resident #40 dated 04/08/25 indicated
an order for pureed double portion enhanced with nectar thick liquids dated 01/02/2025.
Record review of face sheet dated 04/08/25 for Resident #41 indicated she admitted to the facility on
[DATE] and was [AGE] year-old female with diagnoses of dysphagia (difficulty swallowing) and muscle
weakness.
Record review of a physician's order summary dated 04/08/25 for Resident #41 indicated an order for
enhanced regular pureed diet with thin liquids dated 02/04/2025.
During an observation on 04 /08/25 at 12:00 PM the [NAME] pureed the meat loaf, green beans, roasted
potatoes and roll without a recipe. She added milk to all items and then added thickener to obtain a pudding
consistency. The [NAME] did not taste test the items for consistency. The [NAME] said she did not routinely
check to see if the foods fully blended . All foods were plated for lunch service to resident#6, Resident #28,
Resident #40, and Resident #41.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 4 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0805
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
During an observation on 04 /08/25 at 12:20 PM revealed a sample test tray from the pureed meal for lunch
of meat loaf, green beans, roasted potatoes, and roll. The meatloaf and roasted potatoes contained chunks
and was not at pudding consistency as required. The DM tested the puree tray along with surveyors and
agreed the meal contained chunks, not pudding consistency. The DM said the Robot Coupe had stopped
working over a year ago and they had been blending the puree foods with a blender. She said certain foods
were hard to process with the blender the facility was using. The DM said the risk to the residents was
possible choking and a decreased dining experience.
During an interview on 04/08/25 at 2:30 PM the RD said that she had started working for the facility as a
consultant the end of February 2025 and she watched puree processes while she was at the facility but did
not sample the pureed foods to determine if the texture was smooth. The RD said pureed foods should be
nutritional and palatable and a smooth consistency. She said the risk to the residents was choking if the
puree diet was not at the required consistency.
During an interview on 04/09/25 09:37 AM the Administrator said he had obtained a bid for a new Robot
Coupe and would be replacing the blender. The Administrator said pureed foods should be nutritional and
palatable and a smooth consistency. He said if the foods were not blended to pudding consistency there
could be a risk of choking. He said if the pureed foods were not prepared correctly the resident would not
get the full nutritional value of the food.
Record review of an undated Lifestyle Diet Manual . Page 9 .Based on the foods served on the Regular Diet
plan blended to a consistency of mashed potatoes or pudding. The Pureed Diet may be used for residents
with oral, esophageal, or stomach disorders that are unable to tolerate solid food. Conditions such as
dysphasia (difficulty swallowing), stroke, cancer of the head or neck, or lack of chewing ability may warrant
this diet prescription.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 5 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review the facility failed to store and distribute food in accordance with
professional standards for food service safety in 1 of 1 kitchen reviewed for kitchen sanitation.
1. The facility failed to store and label foods in accordance with professional standards.
2. The facility failed to ensure there were no gaps under the air conditioning unit beside the handwashing
sink.
3. The facility failed to maintain clean air vents on the air conditioner located near the clean dish station.
These failures could place residents who ate the food from the kitchen at risk for food-borne illness and/or
transmission-based infections.
Findings include:
During an observation on 04/07/25 at 09:20 AM revealed the dry storage area had clear plastic bins of bulk
granulated sugar, breadcrumbs, bulk powdered sugar, flour, and corn meal with no best by date or
expiration dates on the bins. A box of dry pinto beans was open to air, not sealed.
During an observation interview on 04/07/2025 at 09:30 AM revealed a gap approximately 1 inch x 18
inches at the bottom of a window unit , located beside the employee handwashing station, with the outside
visible. The window AC unit located above the clean dish station was noted to have dirty lint and black
buildup on the vents. The DM said the prior maintenance man was aware of the gap but she had not
reported the gap to the new maintenance man that started working at the facility two weeks ago.
During an observation and interview on 04/07/2025 at 09:35 AM revealed containers of spiked/opened juice
concentrate connected to the juice dispenser (apple, pink lemonade, fruit punch, orange, cranberry) on the
bottom shelf with no open dates. The DM said the juice was delivered every other week and had a shelf life
of 7 days after being opened.
During an interview on 04/07/24 at 9:45 AM the DM stated she was responsible for training all dietary staff
and dietary staff were trained on kitchen sanitation to include cleaning vents on the air conditioners,
reporting the gap underneath the air conditioner, dating items when they were opened and use by dates,
when to discard those items per the guidelines of that item. She stated she would begin retraining all staff
because of the sanitary risks and expected all staff to follow all kitchen sanitation rules.
During an interview on 04/08/25 08:16 AM the Registered Dietician said the bulk granulated sugar, bulk
powdered sugar, flour, and corn meal stored in bins in the dry storage should be dated with the use by date
as well as the open date. She said she was not sure when the 5 boxes of concentrated juices expire but all
items should be labeled when opened. She said that if cleaning, sanitation, and proper storage measures
were not followed in the kitchen, it could cause resident illness and contamination.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 6 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0812
Level of Harm - Minimal harm
or potential for actual harm
During an interview on 04/08/24 at 11:30 AM the Administrator said the DM was responsible for oversight of
kitchen sanitation, cleanliness, labeling and storage, as well as the training for the dietary staff. He said that
if cleaning, sanitation, and proper storage measures were not followed in the kitchen, it could cause
resident illness and contamination. He stated he expected all dietary staff to follow the regulations for
cleaning the kitchen, maintaining sanitation and proper storage of all foods.
Residents Affected - Many
Record review of a facility policy dated 4/18/2022 titled Food Safety in Receiving and Storage indicated,
.Food will be received and stored by methods to minimize contamination and bacterial growth; 7. check
expiration dates and use by dates to assure the dates are within acceptable parameters .
Record review of a facility policy dated 10/01/2018 titled General Kitchen Sanitation indicated, .The facility
recognizes that food borne illness has the potential to harm the elderly and frail residents. All nutrition and
service employees will maintain clean, sanitary kitchen .
Record review of https://www.fda.gov/media/164194/download, accessed 04/08/2025 indicated .Labeling
3-602.11 Food Labels. (A) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as specified
in LAW, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.
(B) Label information shall include: (1) The common name of the FOOD, or absent a common name, an
adequately descriptive identity statement; (2) If made from two or more ingredients, a list of ingredients and
sub ingredients in descending order of predominance by weight, including a declaration of artificial colors,
artificial flavors and chemical preservatives, if contained in the FOOD; (3) An accurate declaration of the net
quantity of contents; (4) The name and place of business of the manufacturer, [NAME], or distributor; and
(5) The name of the FOOD source for each MAJOR FOOD ALLERGEN contained in the FOOD unless the
FOOD source is already part of the common or usual name of the respective ingredient.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 7 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0813
Have a policy regarding use and storage of foods brought to residents by family and other visitors.
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 maintain and ensure safe and sanitary
storage of residents' food items, per facility policy, for 1 of 3 resident's (Resident #2) personal refrigerators
reviewed for food and nutrition services.
Residents Affected - Few
The facility failed to ensure a plastic bag of sliced cheese and sandwich meat was labeled and dated in a
personal refrigerator on 4/7/2025 and 4/8/2025 for Resident #2.
These failures could place residents at risk for food borne illnesses.
Findings include:
Record review of a face sheet for Resident #2 dated 4/8/2025 indicated she admitted to the facility on
[DATE] and was [AGE] years old with diagnoses of PVD (narrowing or blockage in the blood vessels),
disorganized schizophrenia (impairment in daily activities and communication), and acute ischemic heart
disease (heart damage caused by narrowed heart arteries).
Record review of an Annual MDS Assessment for Resident #2 dated 3/14/2025 indicated she had
moderate impairment in thinking with a BIMS score of 12. She required set up or clean up assistance with
eating.
Record review of a care plan dated 4/11/2023 for Resident #2 indicated she was at risk for nutritional deficit
related to her IDD. Interventions included to provide set up assistance with meals.
During an observation on 4/7/2025 at 9:36 AM, revealed Resident #2 was not in her room. A personal
refrigerator was present that had a plastic bag of sliced cheese and sandwich meat that was not labeled or
dated.
During an observation on 4/8/2025 at 10:00 AM, revealed Resident #2 was not in her room. The plastic bag
of sliced cheese and sandwich was still in her personal refrigerator not dated or labeled.
During an interview on 4/8/2025 at 10:03 AM, the HSK Supervisor said all housekeeping staff were
responsible for checking the temperatures of the personal refrigerators in the resident rooms. She said the
nursing staff were to check them daily for expired foods.
During an observation and interview on 4/8/2025 at 10:05 AM, revealed the HSK Supervisor observed the
refrigerator in the room of Resident #2 and said the plastic bags of sliced cheese and sandwich meat
should have dates on them. She said the Administrator would purchase Resident #2 meat and cheese from
the local market sometimes but was not sure when he bought them. She said she would remove them.
During an interview on 4/8/2025 at 10:07 AM, the Administrator said he did purchase meat and cheese for
Resident #2 one day last week but did not put the dates that they were purchased on them. He said he
would start putting dates on the items if he purchased them for the resident.
During an interview on 4/9/2025 at 8:42 AM, CNA E said the nurse aides were not responsible for checking
the personal refrigerators. She said the housekeeping staff were.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 8 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0813
Level of Harm - Minimal harm
or potential for actual harm
During an interview on 4/9/2025 at 8:43 AM, the DON said housekeeping staff were responsible for
checking the personal refrigerators for unlabeled and expired foods. She said staff were in-serviced on
4/8/2025 and instructed them if food was brought in by family or visitors to make sure the foods were
labeled and dated. She said residents could get sick if they ate foods that were not labeled or dated
because they would not be aware of how long they had been in the refrigerator.
Residents Affected - Few
During an interview on 4/9/2025 at 9:42 AM, the Administrator said the facility currently had the
housekeeping staff check to make sure temperatures were correct in the personal refrigerators. He said
they also had other staff that included guardian angels (staff assigned to resident rooms) and himself to
check. He said he was not sure when the foods were put in the refrigerator of Resident #2, and they should
be labeled and dated. He said the refrigerators should be checked daily and residents could get sick if they
ate old food.
Record review of a facility policy titled Resident Refrigerators dated 10/2021 indicated, .For safe and
sanitary storage, handling, and consumption of food items purchased by residents from an outside vendor
or other food items brought to residents by non-facility employees. 3. Food stored in a residents' room
refrigerator will be labeled with a date. 4. A facility employee will inspect resident refrigerators on a weekly
basis to ensure there are no expired foods and cleanliness is maintained. Housekeeping may discard food,
drink, and perishables .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 9 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0908
Keep all essential equipment working safely.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview, and record review the facility failed to maintain all essential equipment in
safe operating condition, for 1 of 1 stove in the kitchen reviewed for food service in that:
Residents Affected - Few
The facility did not ensure the gas stove was in working order. Two of six gas stove burners (rear middle
and font middle) did not light automatically, when the knob was turned, the pilot light on the burners would
not light and both burners had black hard carbon buildup from spilled foods.
This failure could place residents who eat out of the kitchen at risk for injury and under cooked food.
Findings include:
During an observation and interview on 04/07/25 at 9:15 am the Dietary Manager demonstrated both
middle burners on the gas stove did not light and were noted to have black hard carbon build up from
spilled foods from spill foods on them The Dietary Manager stated the kitchen staff were responsible for
cleaning the stove burners and the burners had not worked in a long time. The Dietary Manager said the
previous maintenance director and the Administrator were aware of the middle burners not staying lit. She
said the burners not working correctly could be a fire hazard. She said she had not notified the current
Maintenance Director to look at the stove.
During an interview on 04/07/24 at 1:01 PM the Maintenance Director said he had been employed at the
facility for two weeks. He said the kitchen staff were responsible for cleaning the stove burners and he
performed maintenance to the gas stove if needed. He stated he was not aware of the burners not lighting,
there was no request in the maintenance request book but would clean the burners and ensure the stove
would light properly.
During an interview on 04/08/24 at 10:45 AM the Administrator stated the dietary staff were responsible for
everyday cleaning of the stove and the maintenance director was responsible for maintaining the equipment
from carbon buildup and ensuring the equipment was working fully. He stated if equipment was not
maintained it could cause an adverse event or be a fire hazard. He stated he expected all essential
equipment to be maintained in proper working order.
Record review of the maintenance request binder revealed no entry's found for the burners not lighting on
the gas stove from the dietary department staff for the last 3 months.
Record review of a facility policy dated 10/01/2018 titled Range and Grill indicated, .the facility will maintain
the range in a clean manner to minimize the risk of food hazard; 2. scrape off burned particles and grease .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 10 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0919
Make sure that a working call system is available in each resident's bathroom and bathing area.
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 be adequately equipped to allow residents to
call for staff through a communication system which relayed the call directly to a staff member or to a
centralized staff work area from toilet and bathing facilities for 2 of 9 residents (Residents #4 and #6)
reviewed for call lights.
Residents Affected - Few
The facility failed to ensure Residents #4 and #6's bathrooms had a call light pull cord on 04/07/2025.
This failure could place residents at risk of injury, pain, hospitalization, and a diminished quality of life.
Findings included:
1. Record review of a facility face sheet revealed Resident #4 was a [AGE] year-old male that admitted to
the facility on [DATE] with diagnosis of traumatic brain injury.
Record review of a Quarterly MDS assessment dated [DATE] revealed Resident #4 had a BIMS of 6
indicating moderately impaired cognition and was dependent on staff for toileting and supervision of staff
for toilet transfers.
Record review of a comprehensive care plan dated 11/4/2024 revealed Resident #4 was at risk for injuries
related to falls and to provide toileting assistance, resident to call for assist and keep call light in reach.
During an observation and interview on 04/07/25 at 9:33 am revealed Resident #4's bathroom call light box
was not attached to the wall. The light would activate with the touch of the button, but the pull cord did not
work. Resident #4's best friend said he used his bathroom and would pull on the cord breaking the box. She
said the Maintenance Director fixed the box last week, but it broke again sometime after she left on Friday
04/04/25. Resident # 4 said he would yell if he needed help.
2. Record review of a facility face sheet revealed Resident #6 was a [AGE] year-old female that admitted to
the facility on [DATE] with diagnosis of heart failure.
Record review of a Quarterly MDS assessment dated [DATE] revealed Resident #6's BIMS was not
completed. Further review revealed a SAMS was completed and indicated severely impaired cognitive skills
for daily decision-making.
Record review of a comprehensive care plan dated 10/24/2023 revealed Resident #6 was at risk for injuries
related to falls and would remain free from injuries.
During an observation on 04/07/25 at 9:45 am revealed Resident #6's bathroom call light box was not
attached to the wall. The light would activate with the touch of the button, but the pull cord did not work.
Resident #6 was not able to be interviewed.
During an interview on 04/07/25 at 9:47 am CNA A said she worked on Saturday 4/05/25. She said
Resident #4's and Resident #6's lights were not broken but noticed them being broken this morning. She
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 11 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0919
Level of Harm - Minimal harm
or potential for actual harm
said Resident #4 sometimes used his bathroom and Resident #6 used her bathroom daily. She said there
was a maintenance log to notify the supervisor of broken things, but she had not put it in the log yet today.
She said if the call light was broken, residents could not call for help, and they could get hurt.
During an observation on 04/07/25 at 10:00 am revealed Resident #6 was in the bathroom toileting.
Residents Affected - Few
During an interview on 04/07/25 at 10:18 am the Maintenance Director said he was responsible for broken
call lights. He said he was not aware of Resident #6's call light box being off the wall and the pull cord not
working. He said he fixed Resident #4's bathroom call light on 04/04/25 and it must have broken again over
the weekend. He said there was a log, but the staff usually verbally reported to him, and he would fix the
problem. He said a broken call light cord could result in a resident not getting help if they need it.
During an observation on 04/07/2025 at 11:25 am revealed large bells were in Resident #4's and Resident
#6's bathrooms.
During an interview on 04/07/2025 at 11:30 am the Maintenance Director said he could not fix the pull
cords on the bathroom lights for Resident #4 and Resident #6 until the parts were delivered. He said each
resident was provided a bell to use for emergencies.
During an interview on 04/09/25 at 9:44 am the Administrator said the call lights should be checked by all
staff each shift and by maintenance as needed to ensure they are in full working order. He said the staff
should be reported immediately any broken call lights to the maintenance director or himself. He said there
was a maintenance log, and they could report verbally. He said if a call light was not in full working order
and the cord did not work the resident could have a delayed response in care.
Record review of a facility policy dated September 21, 2022 titled Answering the Call Light revealed, .6.
report all defective call lights to the nurse supervisor promptly .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 12 of 13
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/09/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Elkhart
214 Jones Rd
Elkhart, TX 75839
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 0926
Have policies on smoking.
Level of Harm - Minimal harm
or potential for actual harm
Based on observations, interviews, and record review, the facility failed to follow established policy
regarding smoking areas, and smoking safety for the 1 of 2 (secured unit smoking area) smoking areas
reviewed.
Residents Affected - Few
The facility failed to ensure the paper trash and cigarette butts were disposed of separately in the ashtrays
and red fire can on 04/07/25.
This failure could place residents who smoke at risk of physical harm and lead to an unsafe smoking
environment.
Findings include:
During an observation on 04/07/25 at 9:57 AM revealed the smoking area located outside the secured unit
had one ashtray with cigarette butts and empty cigarette boxes and the red fire can had paper trash and
cigarette butts. The paper trash was observed as burned ash.
During an interview on 04/07/25 at 10:03 AM CNA A said that there should not be any paper in the
ashtrays or cans because of fire. She said housekeeping was responsible for cleaning out the ashtrays and
red fire can daily. She said that residents were supervised when smoking and staff supervising should also
make sure paper trash was not disposed of in the ashtrays and red can to prevent fires.
During an interview on 04/07/25 at 10:15 am Housekeeper B said she was not aware the smoking area
outside the secured unit was her responsibility to clean. She said she started a month ago and was only
cleaning inside the facility. She said she would see that the smoking area trash was removed from the cans,
so a fire did not happen.
During an interview on 04/07/25 at 10:30 AM the Housekeeping Supervisor said the housekeeping
department was responsible for the smoking area and should be checking the area daily. She said there
should not be any paper trash in the ashtrays or red fire can because of fires. She said she had a turnover
of staff and will retrain staff maintaining the smoking area to prevent fires.
During an interview on 04/07/25 at 9:55 am the Administrator said the smoking areas were to be
maintained by housekeeping and maintenance. He said the areas should be checked daily and the
supervising staff with each smoke break should ensure the area was clean, maintained, and no paper trash
was mixed with cigarette butts. He said that not properly disposing of cigarette butts and trash could result
in a fire.
Record review of an undated facility document titled Smoking Area Monitoring Schedule revealed .daily
schedule of responsible department to include maintenance and housekeeping schedule to ensure all ash
trays are emptied, ensure trash and cigarette butts are being kept in separate containers and red cans are
emptied daily .
Record review of an undated facility policy titled Smoking Policy - Residents revealed, .this facility shall
establish and maintain safe smoking practices .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
If continuation sheet
Page 13 of 13