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, interview and record review, the facility failed to store, prepare, distribute, and serve
food in accordance with professional standards for food service safety for the walk-in refrigerator in that:
Residents Affected - Some
-The facility stored unlabeled and unsealed foods in the freezer.
This failure had the potential to place residents at risk of serious complications from foodborne illness as a
result of their compromised health status.
Findings Included:
Interview and observations on 01/17/2024 at 8:22 AM with the Dietary Manager. In freezer #1 there were
unlabeled bags of what the Dietary Manager identified as diced ham, chicken fried steak, and taquitos. The
Dietary Manager said the bags should be labeled.
Interview on 01/18/2024 at 9:05 AM with the Dietary Manager. He said he was responsible for ensuring
residents are served what they needed and what they were supposed to have. He said he was responsible
for the day-to-day things like inventory, ordering, training, and interviewing patients on their preferences He
said the food items must be dated with the pick sticker. The pick stick contains ithe information of the date
delivered, and the date it was received which he said he physically wrote on the sticker. He said the reason
for the failure was the items that were unlabeled were uncooked, they were not labeled and placed in
freezer #1. He said the taquitos had not been served since he had been at the facility. He said he discarded
the unlabeled foods yesterday (1/17/24). He said he had not been in-serviced on food storage. He said he
was responsible for ensuring policy was followed. He said the risk to residents if policy was not followed
was a health risk to the residents. He said death was the worst thing to happen if policy was not followed.
He said he did not know why the failure occurred, just that those foods had not been served since he had
been there.
Interview on 01/18/2024 at 11:01 AM with the Administrator. She said she had worked at the facility for five
months. She said she oversaw all departments, was abuse coordinator, problem solver and ensured
residents were taken care of. She said the policy or procedure for storing food was, everything needed to
be dated, and if opened it needed to have an open date and an expiration date. She said the shelf life of
items in the fridge was three days. She said she did not know why the items were not dated and that staff
did not follow up. She said she last had training on food storage about two months ago. She said the risk to
residents if policy were not followed was, they could get sick from food borne illnesses. She said the worst
thing that could happen was residents got sick and ended up in the hospital or worse. She said she thought
the failure occurred because staff may have been in
(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 3
Event ID:
675361
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
675361
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/19/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Wharton Nursing and Rehabilitation Center
1220 Sunny Lane
Wharton, TX 77488
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
a rush and did not follow policy.
Level of Harm - Minimal harm
or potential for actual harm
Record review of the Food Storage policy dated October 01, 2018, reflected in part . 2. Refrigerators: D:
Date, label and tightly seal all refrigerated foods using clean, nonabsorbent, covered containers that are
approved for food storage. 3. Freezers: E: Store frozen foods in moisture-proof wrap or containers that are
labeled and dated .
Residents Affected - Some
Review of Texas food Establishment Rules accessed https://www.fda.gov/media/164194/download
08/16/2023 revealed in annex 3 page 17: the manufacturer's use-by date is its recommendation for using
the product while its quality is at its best. Although it is a guide for quality, it could be based on food safety
reasons. It is recommended that food establishments consider the manufacturer ' s information as good
guidance to follow to maintain the quality (taste, smell, and appearance) and salability of the product. If the
product becomes inferior quality-wise due to time in storage, it is possible that safety concerns are not far
behind.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675361
If continuation sheet
Page 2 of 3
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
675361
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/19/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Wharton Nursing and Rehabilitation Center
1220 Sunny Lane
Wharton, TX 77488
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 0814
Dispose of garbage and refuse properly.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview, and record review, the facility failed to dispose of garbage and refuse
properly for one waste receptacle reviewed for garbage disposal.
Residents Affected - Few
-The waste receptacle had its top left lid opened when no one was disposing of trash.
These failures could place residents at risk for exposure to germs and diseases carried by vermin and
rodents.
Findings include:
Observation 01/17/2024 at 8:42 AM. The left lid on the outside dumpster was observed to be open.
Interview on 01/18/2024 at 9:05 AM with the Dietary Manager. He said the policy on the dumpster was the
lids should have been closed. He said it was difficult to close the lids and he said he would talk to the
Maintenance director for something to help close the lids. He said the wind may have helped close or open
the lid to the dumpster. He said he did not know who was responsible for ensuring the dumpster lid was
closed. He said the risk to residents if policy were not followed was it could draw in rodents and pests, and
they could then get into the building.
Interview on 01/18/2024 at 11:01 AM with the Administrator. She said the policy on the dumpster was the
lid should always be closed. She said risk to residents if policy were not followed was residents could be
harmed by animals and pests getting in the dumpster. She said she thought the failure occurred because
staff were careless.
Record review of the Garbage Receptacles dated October 01, 2018, read in part . Outdoor receptacles: It
shall be constructed to have tight fitting lids, doors or covers and stored in a manner that is inaccessible to
insect and rodents with doors/lids kept closed and no waste outside of the receptacle .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675361
If continuation sheet
Page 3 of 3