F 0725
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in
charge on each shift.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review the facility failed to provide sufficient nursing staff to provide
nursing and related services to assure resident safety and attain or maintain the highest practicable
physical, mental, and psychosocial well-being of each resident, as determined by resident assessments
and individual plans of care and considering the number, acuity and diagnoses of the facility's resident
population in accordance with the facility assessment for 6 of 6 resident hallways (Halls #1, #2, #3, #4, #5,
and #6) reviewed for sufficient staffing in that:The facility failed to ensure sufficient nursing staff when
multiple residents and family members reported slow or no call light response.The facility failed to provide
an additional support nurse to assist the charge nurse on 8/4/25, 8/5/25, and 8/6/25.This failure could place
all residents who required assistance from staff at risk for loss of dignity, injury, and hospitalization. Findings
included: 1.Review of an undated admission Record for Resident #1 indicated she was an [AGE] year-old
female readmitted to the facility on [DATE] with diagnoses of Unspecified Dementia (altered cognition),
Macular Degeneration (loss of vision), and muscle wasting. Record review of a significant change MDS
dated [DATE] indicated she had moderately impaired cognition with a BIMS score of 12. She required
moderate assistance with toileting hygiene; lower body dressing, putting on/taking off footwear, and
personal hygiene; she required supervision with oral hygiene; she required setup/cleanup assistance with
eating. She was frequently incontinent of bowel and bladder.Record review of a comprehensive care plan
dated 11/17/23 indicated Resident #1 had an ADL deficit and required varying assistance with ADLs as
needed. Appropriate interventions were in place including do not rush resident, instruct in use of
walker/wheelchair, and provide setup cueing assistance for bed mobility, toileting, and eating.Review of an
undated admission Record for Resident #2 indicated she was a [AGE] year-old female admitted to the
facility on [DATE] with diagnoses of coronary artery disease (heart disease), fracture of left humerus (upper
arm bone), repeated falls, and osteoarthritis (loss of bone density). Record review of a significant change
MDS dated [DATE] indicated Resident #2 had a BIMS score of 10 which indicated moderate cognitive
impairment. She required total assistance for putting on/taking off footwear, toileting hygiene, and lower
body dressing; she required maximum assistance with upper body dressing, shower/bathing; she required
supervision for oral hygiene; she required setup/cleanup assistance with eating. She was always
incontinent of bowel and bladder. Record review of a comprehensive care plan dated 2/12/25 indicated
Resident #2 was at high risk for falls related to diagnosis of peripheral vascular disease (affects blood flow
to lower extremities), muscle weakness, and lack of coordination. Appropriate interventions were in place
including reporting changes in endurance, ambulation, and transfers, monitor frequently, reposition for
comfort and safety, encourage call light usage, place call light within reach and answer promptly, assess for
medication contributing factors, and assess for proper fitting clothing.Review of an undated admission
Record for Resident #3 indicated
(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:
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
08/06/2025
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 0725
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
she was a [AGE] year-old female readmitted to the facility on [DATE] with diagnoses of senile degeneration
of the brain (age-related cognitive decline), Chronic Kidney Disease, and Metabolic encephalopathy
(altered cognition related to metabolic imbalances). Record review of a significant change MDS dated
[DATE] indicated Resident #3 had a BIMS score of 3 which indicated severe cognitive impairment. She
required total assistance with toileting hygiene and showering/bathing; she required maximum assistance
with lower body dressing and taking off/putting on footwear; she required moderate assistance with upper
body dressing; she required supervision with oral hygiene and personal hygiene; she required
setup/cleanup assistance with eating. She was always incontinent of bowel and bladder. Record review of a
comprehensive care plan dated 2/27/24 indicated Resident #3 had an ADL functional deficit related to
unsteady gait and confusion. Appropriate interventions were in place including assistance with dressing,
grooming, bathing, and bed mobility.During an interview on 8/4/25 at 10:40 a.m., Resident #1's RP said she
had concerns about slow call light response times. She said she put a camera in Resident #1's room and
saw her on several occasions, dates unknown, banging on the wall to get staff attention because no one
was answering her call light. She said she thought the new ADM would resolve the issues.During an
observation on 8/4/25 at 10:45 a.m. of a photograph taken from the camera in Resident #1's room Resident
#1 appeared to be banging on the wall. The photograph was dated 4/30/25 at 7:43 a.m.During an interview
on 8/4/25 at 11:10 a.m., Resident #1 said call lights were always answered slowly. She said she usually did
not use her call light because staff never answered it. She said she had to bang on the walls and yell for
help on multiple occasions, dates unknown. She said staff responded quickly when she banged on the
walls and hollered for help.During an observation and interview on 8/4/2025 at 11:34 a.m., Resident #2 was
sitting in her wheelchair in her room beside her bed. She appeared to be clean and well-groomed with no
offensive odors. There were no visible marks, skin tears, or bruises. Her call light cord was sticking out from
under the fitted sheet on her mattress. She said a CNA came in and made her bed in a rush. Resident #2
said it typically took an estimated 20 to 30 minutes for staff to respond to call lights. Resident #2 said both
she and her roommate have had to yell for staff assistance (dates unknown) due to slow staff response
times to call lights. She said staff responded faster when she yelled out for assistance.During an
observation and interview on 8/4/25 at 11:45 a.m., Resident #4 , who was Resident #2's roommate, was
lying in her bed in her room. She appeared clean and well-groomed with no offensive odors. She had no
visible skin tears, marks, or bruising. She was receiving supplemental oxygen via nasal canula at 2L .
Resident #4 said she frequently used her call light for assistance and staff response time was an estimated
average 15-20 minutes. Resident #4 said she has had to yell for assistance once before, unknown date,
due to slow staff response. She said staff came quickly when she yelled for help.During an interview on
8/4/25 at 12:24 p.m., CNA D said she did not always have time to complete all resident care timely when
she was the only CNA assigned to work on the memory care unit.During an interview on 8/4/25 at 2:05
p.m., LVN B said CNAs were expected to round on residents at least every 2 hours and part of that
rounding was to include making sure the resident's call lights were left within reach and accessible. She
said CNAs were expected to answer call lights timely to address resident needs. LVN B said she monitored
for staff compliance with policies and care planned interventions by rounding frequently.During an
anonymous interview on., Anonymous said the facility was short staffed. Anonymous said they did not have
enough time in the day to perform all their duties and frequently had to stay late to ensure adequate
resident care.During an interview on 8/6/25 at 9:20 a.m., the DON said she was aware of the staffing
concerns at the facility. The DON said she was trying to hire additional CNAs by posting on a job board with
a starting pay of $15.00 per hour and sign-on bonus
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/06/2025
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 0725
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
of $2,000.00. The DON said applicants were not showing up for interviews or were working one shift and
then quitting. The DON said the facility had been in talks with corporate who had informally agreed to
conduct a wage analysis to increase pay to attract and retain staff. During an interview on 8/6/25 at 9:30
a.m., the ADON said she was aware of the staffing concerns at the facility and had been in discussions with
corporate regarding a wage analysis to increase pay. During an interview on 8/6/25 at 9:40 a.m. Resident
#3's RP said she visited Resident #3 every day and recorded staff interaction in a notebook. The RP said
on 7/29/25 at approximately 7:30 a.m. Resident #3 had an incontinent episode, and no staff responded to
the call light to change her until approximately 9:00 a.m. The RP said on 8/1/25 staff checked on Resident
#3 at approximately 2:00 p.m. and did not come back to check on her again until approximately 6:00 p.m.An
observation of a hand-written note on 8/6/25 at 9:45 p.m. written by Resident #3's RP indicated .7/29
[Resident #3] needs changing no help it's 7:30 in the morning.8:30 no one has come yet to change
[Resident #3]. Over an hr.9:00 [CNA] came to change [Resident #3].8/1 [Resident #3] last changed at 2:00
it is now 6:00 no one has come to check her. 4 hrs??? .During an observation and attempted interview on
8/6/25 at 9:50 a.m., Resident #3 was observed in her room lying in bed. Resident was covered up by a
blanket and only her head was visible. There were no visible marks, skin tears, or bruising and no
offensive-odors were detected. Resident #3 did not respond to interview questions.During an interview on
8/6/25 at 9:55 a.m., the AD said she was regularly placed on the schedule as a CNA and was expected to
perform all duties as an AD in addition to working on the floor as a CNA. The AD said there was not enough
time in the day to perform all CNA duties adequately.During an attempted interview on 8/6/25 at 9:58 a.m.,
the DON said ADM was out sick today. ADM was not interviewed as part of this investigation.Review of a
facility policy titled Answering the Call Light dated 9/21/22 indicated .Answer the resident's call light as soon
as possible.2. During an observation on 8/4/25 at 10:00 a.m., a Daily Assignment Sheet dated 8/4/25
indicated there was no support nurse scheduled to work that day. During an interview on 8/4/25 at 12:24
p.m., CNA D said if she needed the charge nurse, she would have to leave the secured memory care unit
and look for them or ask another staff member to. CNA D said the charge nurse was usually in a resident
room and not at the nurse's station.During an interview on 8/4/25 at 2:05 p.m., LVN B said she worked 6:00
a.m. to 6:00 p.m. as the charge nurse and was expected to cover all 6 resident halls. LVN B said she was
supposed to have the help of a support nurse during the daytime, but usually didn't. LVN B said the ADON
and DON provided some support during daytime hours but there was no support on other shifts. During an
interview on 8/6/25 at 9:20 a.m., the DON said she was aware of the staffing concerns at the facility. The
DON said corporate only allowed for one charge nurse position to cover 6 resident halls. The DON said one
charge nurse for 6 halls was not an adequate staffing ratio, but corporate would not allow for a second
nurse unless the facility census was 56 or more residents, and the current census was 54. The DON said
the ADON lived three minutes from the facility and came in on-call to assist the charge nurse when needed
during nights and weekends. The DON said the charge nurse who worked 6:00 a.m. to 6:00 p.m. received
assistance from a support nurse which was usually herself or the ADON. The DON said there was no
support nurse for evening hours after 5:00 p.m. or overnight from 6:00 p.m. to 6:00 a.m. The DON said she
was trying to hire another LVN for the support nurse position and advertising on a job board with a sign-on
bonus of $3,000.00. The DON said applicants were not showing up for interviews or not accepting the
position so she and the ADON were serving as support nurse in addition to their administrative
duties.During an interview on 8/6/25 at 9:30 a.m., the ADON said she was aware of the staffing concerns at
the facility and had been in discussions with corporate regarding only allowing for a second charge nurse.
The ADON said during
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675217
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
675217
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/06/2025
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 0725
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
FORM CMS-2567 (02/99)
Previous Versions Obsolete
the day administrative nurses supported the charge nurse, but in the evening and overnight, there was no
additional support. The ADON said on 7/20/25 a resident had a fall with injury during the evening and the
charge nurse on duty had to spend approximately 45 minutes assessing the resident and dressing wounds.
The ADON said she had to come into the facility on-call because the charge nurse was unable to provide
care to the other residents while completing post-fall protocols.During an interview on 8/6/25 at 9:55 a.m.,
the AD said the facility only staffed one charge nurse for all 6 resident hallways. The AD said she did not
feel this was an adequate staffing ratio because nurses were often busy with one resident for up to 45
minutes at a time leaving other resident needs unattended in a timely manner. During an anonymous
interview, Anonymous #2 said the facility's expectation was for one nurse to cover all 6 resident hallways.
Anonymous #2 said the charge nurse who worked from 6:00 a.m. through 6:00 p.m. was supposed to have
help from a support nurse, but they usually did not. Anonymous #2 said the administrative nurses assisted,
but typically came in after 8:00 a.m. and left by 4:00 p.m. which did not cover the busiest times of the day
which was around shift change. Anonymous #2 said they felt the nurses had to sacrifice quality of care to
accomplish all their responsibilities. Review of staffing assignment sheets indicated no support nurse
worked on 8/4/25, 8/5/25, or 8/6/25.Review of a facility assessment tool dated 5/28/25 indicated if the DON
had other responsibilities another RN must be added as an ADON.Review of employee timesheets
indicated the ADON worked the following hours: 8/4/25 from 10:09 a.m. to 3:37 p.m., and 8/5/25 from 8:11
a.m. to 3:47 p.m., (there was no time sheet data available for 8/6/25), leaving no additional support nurse
for the remainder of the 6:00 a.m. to 6:00 p.m. shifts and no ADON to allow for the DON to take on
additional responsibilities of a support nurse per the facility assessment.In an email from the ADM received
on 8/7/25 at 12:45 p.m., the ADM said the support nurse position was to be an extra LVN who acted as a
second nurse due to the facility's growth in census and to assist with wound treatments. The ADM said
there was no specific policy associated with this position as tasks required would fall under LVN job
description other duties as assigned.Review of an LVN job description indicated .ESSENTIAL JOB
FUNCTIONS:.Other duties as assigned.
Event ID:
Facility ID:
675217
If continuation sheet
Page 4 of 4