F 0926
Have policies on smoking.
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 follow their own established smoking policy for
1 of 7 residents reviewed for smoking. (Resident #1)The facility failed to ensure Resident #1 followed the
smoking policy and did not have smoking supplies (cigarettes and lighter) at his bedside. This failure could
place residents at risk of injury or harm.Findings included:Record review of Resident #1's face sheet
undated indicated he was [AGE] years old and admitted to the facility on [DATE]. Resident #1 had
diagnoses which included Parkinsons (brain disorder), anxiety (feeling of fear and worry), hypertension
(high blood pressure) and weakness.Record review of Resident #1's annual MDS assessment dated
[DATE], indicated he had a BIMS score of 14, which indicated he had intact cognition. The MDS indicated
Resident #1 was independent or needed set-up/clean-up assistance for most ADLs. The MDS indicated
Resident #1 was using tobacco at the time of the assessment.Record review of Resident #1's Care Plan
Report dated 09/12/25 indicated he enjoys smoking at times. The goal was Resident #1 will keep all
cigarettes and lighters locked at the nurse's station and will only smoke during scheduled smoke times with
a staff member present. Record review of Resident #1's Safe Smoking assessment dated [DATE] indicated
Resident #1 had demonstrated the ability to safely smoke with other interventions - needs a staff with him
to monitor him. During an observation and interview on 11/15/25 at 11:50 am with Resident #1, revealed he
was lying in bed with headphones on. An observation revealed there were no smoking supplies seen on
bedside table, nightstand or sink counter. Resident #1 stated that he was a current smoker. He stated he
did have cigarettes and lighter in his room. He stated he kept his cigarettes and lighter in the black bag on
his walker. Observation revealed the walker with black bag was in the room by the sink. He stated he
walked to the smoking area to smoke. He stated there were certain smoking times during the day and staff
were always present when he smoked. He stated he only went to smoke during smoking times. He stated
he was not told he could not keep smoking supplies in his room. He stated he only kept them in his black
bag on his walker. During an observation on 11/15/25 at 12:05 pm revealed Resident #1 went to his walker
and unzipped the black bag on the walker. Observed in the black bag there was one cigarette pack and one
lighter. Resident #1 zipped the bag closed and placed the walker in front of the sink area in the room.
During an observation on 11/15/25 at 01:40 pm revealed residents outside in the smoking area smoking.
MA A was supervising the residents. Observed a blue smoking supply box sitting on the ground beside MA
A. Resident #1 was sitting in a chair smoking with his walker in front of him. During an interview on 11/15/25
at 01:42 pm with the DON, she stated per the smoking policy residents were not allowed to have smoking
supplies in their room. She stated she had received training on the smoking policy, and all staff had been
trained on the facility smoking policy. She stated she was not aware Resident #1 had smoking supplies in
his room. She stated she had not seen any smoking supplies in residents' rooms. She stated she expected
staff to follow the smoking schedule and go out with residents to smoke. She stated the purpose of the
smoking policy was to keep all residents safe. She
Residents Affected - Few
(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 2
Event ID:
675346
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
675346
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/15/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Heritage Oaks Nursing and Rehabilitation Center
5301 University Ave
Lubbock, TX 79413
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
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
stated the potential negative outcome could be a resident starting a fire. During an interview on 11/15/25 at
01:50 pm with MA A, she stated she did not normally supervise residents while smoking but the other staff
were busy with resident care. She stated Resident #1 had his cigarettes in his black bag on walker. She
stated she had been trained on the smoking policy. She stated Residents were not allowed to keep smoking
supplies in room or on person. She stated she did not take smoking supplies from the resident. She stated
she had not reported the incident to the ADM or the charge nurse because she had just come in from
supervising the residents. During an interview on 11/15/25 at 02:30 pm with the ADM, he stated per the
facility policy residents were not allowed to have smoking supplies in their rooms. He stated, I cannot
search their room and keep them from going to the store next door. He stated the smoking policy was
changing from the old company to the new company. The ADM looked at the smoking policy provided by
the DON and stated Yes, that is the new one. He stated the convenience store was so close that the
residents signed themselves out and got what they wanted. He stated, I cannot police all that. He stated he
was not aware of any residents with smoking supplies in their rooms. He stated he was not aware Resident
#1 had smoking supplies in his room. He stated Resident #1 was aware of the smoking policy and items not
allowed in resident rooms. He stated no one had reported to him seeing smoking supplies in resident's
room. He stated SW kept Resident #1 cigarettes in her office locked up because he bought seven cartons
at one time. He stated he was not sure if he got a pack from SW or what. He stated residents were told on
admission that smoking supplies cannot be kept in room. He stated smoking supplies were kept in a blue
tackle box and the box goes from each station based on the smoking time. He stated the majority of the
staff had been trained on the smoking policy. He stated the potential negative outcomes could be smoking
in room, starting fires and if there was oxygen in the room the residents could blow themselves up. During
an interview on 11/15/25 at 02:45 pm with the SW, she stated smoking was an issue at the facility because
residents went to the store next door and purchased smoking supplies without the facility knowing. She
stated they were not allowed to go through residents' belongings. She stated Resident #1 did not go to the
store but would have other residents purchase items for him. She stated Resident #1 did a spend down
(money spent) of his financial account and bought 14 cartons of cigarettes at one time and she kept them
locked in her office. She stated Resident #1 would come by her office and request cigarettes and she would
open and pack and print his name on top and place them in the blue smoking box. She stated she was not
aware Resident #1 had smoking supplies in his room. She stated she had received training on the smoking
policy and residents were not to have smoking supplies in the room. She stated if they saw smoking
supplies in a resident room the smoking supplies need to be removed. She stated all current smoking
residents had smoking assessments and were safe to smoke alone but it was the facility policy that
residents were to be supervised while smoking. She stated the potential negative outcome could be a
resident lighting a cigarette in room or causing a fire. Record review of the facility' policy titled Smoking
Policy - Resident dated October 2022 reflected the following: Policy Statement - This facility shall establish
and maintain safe resident smoking practices.Policy Interpretation and Implementation.14. Residents may
not have or keep any smoking articles, including cigarettes, tobacco, etc., except when they are under
direct supervision.
Event ID:
Facility ID:
675346
If continuation sheet
Page 2 of 2