F 0565
Honor the resident's right to organize and participate in resident/family groups in the facility.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview, and record review the facility failed to provide a private meeting space for
residents' monthly council meetings for 9 of 9 confidential residents reviewed for resident council.
Residents Affected - Some
The facility failed to provide a private space for resident council meetings.
This failure could place residents, who attended resident council meetings, at risk of not being able to voice
concerns due to a lack of privacy.
Findings included:
Observation and interview, during the confidential group interview with nine residents on 06/05/23
beginning at 10:00 AM, revealed the meeting was held in an open dining room located near the facility's
central nurses' station and front entry door. There were no doors that could be closed to ensure the
residents' privacy during the meeting. Staff were observed walking through the area while the meeting was
in progress. During the confidential group meeting, all nine residents revealed when they had meetings, the
meetings were always held in the open dining room area. Residents expressed there were no private areas
in the facility that would hold residents, especially if they ambulated with their wheelchairs. The residents
stated if they wanted to talk about something private, they would have to whisper or speak very low, which
made them uncomfortable expressing their concerns. The residents denied expressing their concern about
the location to anyone because they felt it would do no good. The residents stated they would like to have
more privacy during the meetings so that they could feel free to speak among themselves.
Interview on 06/06/23 at 12:54 PM with the Activity Director, she revealed the resident council meetings
were scheduled monthly and were held in the open dining room. She stated she would alert staff not to
enter the area during resident council meetings. The Activity Director stated in the past she tried to host the
meeting in the therapy room; however, the area was too small. The Activity Director stated she was present
at all the meetings to help host and took notes. The Activity Director stated she shared any concerns or
issues that came up during the meetings with the Administrator. The Activity Director stated she had not
received any concerns about the meeting location and felt residents could speak freely during the
meetings. She stated she knew that residents had a right to hold meetings in a private area, but the facility
did not have any other large private space. The Activity Director stated the risk of holding resident council
meetings in an open area was that the residents could not express their concerns out of fear of being
overheard by staff which might lead to mistreatment.
Interview on 06/06/23 at 4:59 PM with the Administrator, she revealed the resident council meetings
(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 5
Event ID:
675270
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
675270
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/06/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Kennedale
413 E Mansfield Cardinal
Kennedale, TX 76060
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 0565
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
were held monthly in the dining room. The Administrator stated the Activity Director was present during the
meetings because she was the one who hosted the meetings. The Administrator stated usually there were
10-15 residents that attended, and the dining room was the largest space the facility had to hold the
meetings. The Administrator stated prior to the meeting, the Activity Director alerted staff not to enter the
area unless there was an emergency. The Administrator stated if there were any issues or concerns
discussed at the meeting, the Activity Director told her about them, and they were addressed immediately.
The Administrator stated it had never been brought to her attention that the location or staff being present
was an issue with residents.
Record review of the resident council minutes for January 2023, February 2023, and March 2023, April
2023, May 2023 revealed no requests for a private area.
Request for facility policy concerning Resident Council was requested. The Administrator stated the facility
did not have a policy.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675270
If continuation sheet
Page 2 of 5
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
675270
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/06/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Kennedale
413 E Mansfield Cardinal
Kennedale, TX 76060
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
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observation and interview the facility failed to store, prepare, distribute, and serve food in
accordance with professional standards for food service safety in 1 of 1 kitchen.
Residents Affected - Some
The facility failed to ensure:
- the dishmachine was working properly and did not have to been run mulitple times to reach 120 degrees
F;
- the Dietary Manager was aware of the dishmachine was a sanitizing dishmachine and not a high
temperature dishmachine;
- Dishwasher Aide B was documenting actual dishmachine tempteratures; and
- food stored in the pantry was properly stored, labeled and dated.
This failure could place residents at risk for food contamination and food borne illness.
Findings included:
Observation and interview in the kitchen pantry on 06/04/23 at 9:08 AM revealed a bag of chocolate cake
mix was not properly sealed, with a date of 04/20 written on the outside of the manufacturer's bag. The
cake mix was open sitting on the top shelf. In the freezer, there was a box labeled fully cooked sausage
patties in open plastic, not properly sealed, with a date of 06/03/23. In the refrigerator at the bottom was a
gray tub with three bags of yellow liquid. The bags were not labeled or dated. Two bags had dark yellow
liquid; the third bag had a lighter yellow liquid with chunks of substances. When asked about the third bag, it
was revealed by [NAME] A that the bag contained eggs that she placed in boiling water to cook for
breakfast. [NAME] A stated she forgot today was a cold food breakfast day (only serving cereal, milk, toast)
and would not be using the eggs. [NAME] A stated she forgot to label and date the eggs so they could be
used the following day. [NAME] A stated it was her responsibility to ensure any food that was stored should
be properly sealed, labeled and dated to prevent food born illnesses.
Interview with the Dietary Manager on 06/04/23 at 9:15 AM revealed she monitored the kitchen and staff to
ensure facility policies are being followed. The Dietary Manager stated she completed a walk through daily
behind staff to make sure food items are labeled, dated, and sealed. The Dietary Manager stated she did
not do a walk through today because she was scheduled off. The Dietary Manager stated she was not
aware of the opened items in the pantry or the freezer. The Dietary Manager stated she was not aware of
the partially cooked eggs in the refrigerator. The Dietary Manager stated [NAME] A was responsible to
ensure opened food items were properly stored after used. The Dietary Manager stated the eggs should
have been labeled and dated properly so they could have been used the following day. The Dietary
Manager stated not having food items properly sealed, labeled, and stored could put residents at risk for
illness.
During observation, interview, and record review on 06/04/23 at 9:30 AM revealed the dishmachine
temperature/chemical log was completely filled out for the day. The log reflected:
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675270
If continuation sheet
Page 3 of 5
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
675270
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/06/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Kennedale
413 E Mansfield Cardinal
Kennedale, TX 76060
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
- Breakfast: wash 100/rinse 110/ppm 50, initialed by Dishwasher Aide B
Level of Harm - Minimal harm
or potential for actual harm
- Lunch: wash 115/rinse 120/ppm 50, initialed by Dishwasher Aide B
Residents Affected - Some
- Dinner: wash 120/rinse 140/ppm 150, initialed by Dishwasher Aide B (which were the exact same
numbers from the previous days beginning with 06/01/23).
When reviewing the dishwasher log, Dishwasher Aide B stated she completed the log for the day by
mistake and knew the log should be completed after each meal when cleaning the dishes. Observation of
the dishmachine temperature reached between 80 degrees during the dishmachine run. Observation of the
dishmachine revealed it ran at least 5 times before reaching manufacturer's minimum of 120 degrees.
According to Dishwasher Aide B the dishmachine should reach temperatures of at least 120 degrees to
clean dishes. Dishwasher Aide B stated not reaching proper temperatures could result in residents getting
sick.
Interview on 06/04/23 at 9:40 AM with the Dietary Manager revealed the dishmachine machine is a high
temperature machine and should reach temperatures of 130 degrees during wash cycle. After pointing out
the manufacture template. The Dietary Manager stated she was not aware of the proper wash and rinse
temperatures of minimum of 120 degrees. The Dietary Manager stated she expected staff to monitor the
machine and to ensure dishes are cleaned by using proper water temperatures and checking sanitation
levels. The Dietary Manager stated a couple of weeks ago the facility had water issues and stated the
dishmachine had to run several times to reach proper water temperatures. The Dietary Manager stated staff
should be monitoring the machine to ensure temperatures are reached before unloading dishes. The
Dietary Manager stated the temperature log should be completed after each meal while cleaning dishes.
The Dietary Manager stated breakfast dishes should be re-ran to ensure cleanliness and sanitation.
Observation of the dishwasher on 06/04/23 at 12:30 PM revealed Dishwasher Aide B running the
dishmachine, Dishwasher Aide B was not observed monitoring the temperature of the dishmachine to
ensure proper temperatures are being reached prior to unloading lunch dishes. Observation of Dishwasher
Aide B running the machine several times revealed the dishmachine running at minimum 120 degrees for
both wash and rinse cycles. Dishwasher Aide B stated she did have an in-service about the dishmachine,
she stated she was aware to keep eyes on the temperature guage for minimum temperatures of 120
degrees.
Observation and interview of the dishmachine on 06/05/23 at 9:14 AM revealed Dishwasher Aide C running
the dishmachine after breakfast, Dishwasher Aide C was observed not monitoring the dishmachine to reach
minimum of 120 degrees. Observation of the first run revealed wash 80 degrees rinse at 127, second run
revealed wash 105 degrees rinsed at 130, third run revealed was at 125 rinse at 140 with 50 ppm for the
sanitizer. According to Dishwasher Aide C she completed in-service to ensure the dishmachine was
reaching minimum of 120-degree temperatures. Dishwasher Aide C stated the dishmachine was very
sensitive and with any break the temperature will go low, and the machine had to be run several times to
get the temperature back to 120 degrees.
Interview on 06/06/23 at 4:50 PM with the Administrator revealed she was informed by the Dietary Manager
that the dishmachine was having issues keeping at minimum of 120-degree temperature and staff was
having to run the machine several times to ensure the machine was running properly. The Administrator
stated the machine was serviced monthly and there had not been any issues or concerns noted prior to
survey. The Administrator stated staff had been in serviced, and the Dietary Manager would be
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675270
If continuation sheet
Page 4 of 5
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
675270
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
06/06/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Kennedale
413 E Mansfield Cardinal
Kennedale, TX 76060
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 - Some
responsible for continued monitoring of both staff and the dishmachine to ensure dishes were being
thoroughly cleaned. The Administrator stated not storing food properly in the kitchen could allow staff to
used outdated foods. The Administrator stated not ensuring the dish machine was running at correct
temperatures could put residents at risk of illnesses.
Record review of facility policy revised 06/01/19 titled Food Storage reflected: .to ensure that all food served
by the facility is of good quality and safe for consumption, all food will be stored according to the state,
federal and US Food Codes .to ensure freshness, store opened and bulk items in tightly covered
containers. All containers must be labeled and dated. Store frozen foods in moisture-proof wrap or
containers that are labeled and dated. Store raw meets and eggs on the bottom shelf to prevent
contamination of other foods. Date, label and tightly seal all refrigerated foods .
Record review of facility policy dated 10/01/18 titled Mechanical cleaning and Sanitizing of Utensils and
Portable Equipment reflected:
.The facility will follow the cleaning and sanitizing requirements of the state and US Food Codes to ensure
thorough cleaning and sanitization to minimize the risk of food hazards. Operate the dish machine as
instructed in the manufacturer's directions.
a. The temperature of the wash water must be at lease 120-degree F
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675270
If continuation sheet
Page 5 of 5