F 0607
Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews and record reviews, the facility failed to develop and implement written policies and procedures
that prohibit and prevent mistreatment, abuse, neglect, and exploitation of residents, and misappropriation
of residents' property for 1 of 5 residents (Resident #1) reviewed for abuse. The facility failed to ensure CNA
A did not inappropriately touch and kiss Resident #1. This failure could place residents at risk for abuse and
psychological harm.Findings include:Record review of Resident #1's face sheet dated 07/16/25 reflected a
[AGE] year-old-male with an original admission date of 04/16/25. Resident #1 had diagnoses which
included bipolardisorder (mental health condition characterized by extreme mood swings), seizures
(sudden surge of electrical activity in the brain that can cause involuntary movements), blindness in right
eye, and anxiety (feeling of worry, nervousness, or unease). Record review of Resident #1's quarterly MDS
dated [DATE], reflected a BIMS of 15 which indicated the resident was cognitively intact). Functional
abilities included setup or clean-up assistance (Helper provides verbal cues/and/or touching/steadying
and/or contact guard assistance as resident completed an activity. Assistance may be provided throughout
the activity or intermittently) with showering/bathing self. Partial/moderate assistance (Helper does LESS
THAN HALF the effort. Helper lifts, hold, or supports trunk or limbs, but provided less than half the effort)
with toileting hygiene, upper body dressing, and personal hygiene. Substantial/maximal assistance (Helper
does MORE THAN HALF the effort. Helper lifts or holds trunk or limbs and provides more than half the
effort) with lower body dressing. Record review of Resident #1's progress notes dated on 04/29/25
reflected:Resident verbalized a female staff member was inappropriately touching and kissing him.
Resident verbalized female staff member gave him her personal phone number, and resident proceed to
engage in conversation with employee. Resident verbalized he would text her and request pictures of her
and employee would send him photos of herself. Facility performed a head-to-toe assessment, Trauma
Informed Assessment performed, called the Local Authority, Called the Ombudsman, and Nurse
Practitioner was notified and gave orders for STD Panel (RPR, HIV, CHLAMYDIA, GONORRHEA,
HERPES, SYPHILIS, & HEPATITIS) and monitor for any s/s of behaviors and distress for 72 hours.
Resident did not warrant the need for hospitalization and refused to be sent to hospital for evaluation. Will
continue to follow plan of care.Record review of Resident #1's care pan dated 04/19/25 reflected:The
resident has a behavior problem r/t bipolar, depression & anxiety. Hx of confabulating stories, accusative
behavior towards team members and homosexual, with poor impulse control and short temper, accusing
staff of stealing from him, refusing staff to enter room to provide care, using profanity towards staff and
constantly verbalizes he has a lawyer and is building his case for monetary compensation: Hx of cocaine
abuse. Resident with history of nightmares at night due to him being kidnapped in Mexico 10 years ago. on
4/29/25, Resident #1voices female staff member was sexually inappropriate with him, and he let her as he
is a man and could not resist. States he requested her phone number and pictures of her as
well.Interventions include: The
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 4
Event ID:
675630
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
675630
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/16/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Gulf Shores Rehabilitation & Healthcare Center
1301 S Terrell St
Falfurrias, TX 78355
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
resident will have no evidence of behavior problems by review date. Administer medications as ordered.
Monitor/document for side effects andeffectiveness. Anticipate and meet the resident's needs.Explain all
procedures to the resident before starting and allow the resident to adjust to changes. Head to toe
assessment and labs In an interview on 07/15/25 at 1:38pm, Resident #1 stated on the first day he got to
the facility, he was about to take a shower, and he told CNA A he could shower himself but stated CNA A
went in the shower room and helped him shower anyways. Resident #1 stated during the shower, CNA A
began to give him oral sex. Resident #1 stated me as a man, I liked it. Resident #1 stated this continued for
the first two weeks after arriving to the facility. Resident #1 stated he did not report the incident until two
weeks later to the ADM. Resident #1 stated he was not scared and enjoyed it at the time. Resident #1 did
not elaborate further on alleged incident. Resident #1 stated he asked CNA A for her number, and she gave
it to him. Resident #1 stated they began to text, and he asked CNA A for a picture. Resident #1 showed this
State Surveyor his phone and the text thread with a picture of what appeared to be a mirror selfie of a
female with tattoos located on the arm and leg seen in the picture, no face was visible in the picture as it
was covered by the phone. Resident #1 did not state if he knew CNA A prior to being admitted to the facility.
Record review of Resident #1's text messages reflected:Resident #1: What's up beautifulAlleged CNA A:
Hey, what's up just seeing thisResident #1: Can you send me another picture I deleted the one you sent
meAlleged CNA A: It will have to be later I don't have the correct phone with meResident #1: Okay
thanksResident #1: It feels good outsideAlleged CNA A: Does it I haven't been outsideAlleged CNA A:
HelloResident #1: Sorry I fell asleepResident #1: Send me a picture of youAlleged CNA A: I have to wait till
I get homeResident #1: OkayAlleged CNA A dated, Sunday April 27th at 2:35pm: Picture of a female with
no face visible wearing a bra and underwear, with visible tattoos on the forearm and leg. In an interview on
7/16/25 at 9:38am, the SW stated she had just arrived to work when Resident #1 came up to her and
stated he needed to talk with her. The SW stated Resident #1 reported to her he was getting inappropriate
pictures from CNA A, and she was coming on to him. The SW stated Resident #1 stated CNA A tried to
kiss him and gave him unwanted advances. The SW stated she immediately informed administration. The
SW stated Resident #1 spoke to the ADM and the DON and showed them the inappropriate picture of a
female that was texted to him. The SW stated Resident #1 stated she sent multiple pictures but there were
no other pictures on the phone and the phone number on the text message was not the same number
listed for CNA A. The SW was unable to identify if the female in the picture was CNA A as the face was not
visible. The SW stated Resident #1 did not appear fearful, did not appear to be in any distress, and did not
verbalize feeling unsafe. The SW stated later, during Resident #1's head-to-toe assessment, Resident #1
reported to the DON and the ADM another story. Resident #1 stated he was receiving oral sex from CNA A;
Administration reported the alleged incident to the state survey agency. The SW stated she was not present
during the head-to-toe assessment, and she did not know exactly what was said but stated Resident #1
changed his story from CNA A kissing him or trying to kiss him, to receiving oral sex and he did not report it
because he is a man, and he couldn't tell her no. The SW stated no other residents came to her or
expressed being inappropriately cared for or touched by CNA A or any other staff members. The SW stated
the resident stated the advances were happening in his room. In an interview on 07/16/25 at 12:11pm, the
DON stated during a morning meeting, the SW came to inform them Resident #1 had made an allegation
stating he received inappropriate pictures of CNA A. The DON stated he and the SW went to speak to
Resident #1 and showed him a text thread on his phone. The DON stated in the text message, Resident #1
asked for a picture. The DON stated the picture shown was of a female in front of a mirror with the phone
partially covering her face and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675630
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
675630
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/16/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Gulf Shores Rehabilitation & Healthcare Center
1301 S Terrell St
Falfurrias, TX 78355
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
she was in her underwear. The DON stated the resident claimed there were other pictures but he deleted
them and was going to ask for more so he could show his lawyer. The DON stated even though in the
picture, her face was partially covered by the phone, it could have been CNA A. The DON stated he could
not identify the female in the picture by the tattoos. The DON stated the police were called immediately
(police report observed). The DON stated while the police were at the facility, that was when Resident #1
insinuated he and CNA A had oral sex by motioning it without saying it. The DON stated Resident #1 stated
CNA A touched him, and they kissed in his room and motioned with gestures they had oral sex. The DON
stated the resident stated it happened just the one time. The DON stated the police officer saw the picture
and recognized the female as possibly being CNA A as CNA A had run ins with the law. The DON stated
the phone number used in that text, was later confirmed to be CNA A's phone number. The DON stated the
CCS for the facility called the number used in the text and CNA A answered the phone and identified
herself by name when asked who she was. The DON stated CNA A denied the allegations between her and
Resident #1 and could not answer why Resident #1 had her number or picture. The DON stated no other
residents had a concern about the care CNA A provided. In an interview on 7/16/25 at 12:21, the ADM
stated Resident #1 informed the SW CNA A was having an inappropriate relationship with him. When the
ADM spoke to Resident #1, he stated CNA A was sucking his dick. The ADM stated Resident #1 was not
fearful. The ADM stated the resident reported to the SW kissing was going on in his room and CNA A was
sending him pictures but did not report about the oral sex. The ADM stated the police were called, CNA A
was immediately suspended, and an investigation was conducted. The ADM stated no other residents
stated they were abused or inappropriately touched by CNA A or any staff member. CNA A was terminated
an no longer employed by the facility. In a phone interview on 7/16/25 at 12:31pm, the CCS stated she was
contacted by the facility and informed about the situation with Resident #1 and CNA A. The CCS stated the
ADM stated there was an allegation of emotional distress. The CCS stated the number used in the text
messages where the picture was found was not a number the facility had listed for CNA A. The CCS stated
since the picture did not show a face, the staff were unable to positively identify the female in the picture
was CNA A. The CCS stated however, she called the number on the text thread and when the person
answered the phone, they identified themselves as CNA A. The CCS stated she did not know what CNA A
looked like and could not identify her as the female in the picture. In an in anonymous interview, CNA A
seemed flirtatious with the male residents and giggly with the female residents. CNA A was not
professional, and CNA A would present herself different with the male residents like the boundary wasn't
there for her. They reported CNA A's behavior to many people including the ADON and was not sure what
came about it and could not identify who they told or when the complaints were made. They felt CNA A was
doing stuff she was not supposed to be doing. CNA A would sometimes take a long time with Resident #1.
When they would check on what was taking CNA A so long, she would be in the room combing Resident
#1's hair or CNA A stated she was just providing care. In an interview on 7/16/25 at 1:59pm the ADON
stated CNA A was an okay employee and stated Resident #1 claimed she was a good CNA. The ADON
stated staff never came to her about concerns with CNA A and the care she provided. The ADON stated
CNA A would take a long time when providing care to residents but could not say if it was with male or
female residents but believed CNA A was just slow because she was new to the facility. The ADON stated
she did not work closely with CNA A and could not say if she was inappropriate with residents. The ADON
stated Resident #1 claimed CNA A was sending him inappropriate text messages or pictures. The ADON
stated she could not see the face in the picture and could not positively identify if it was CNA A. The ADON
stated she could not recall if Resident #1 stated it happened once or not. The ADON stated no other
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675630
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
675630
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/16/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Gulf Shores Rehabilitation & Healthcare Center
1301 S Terrell St
Falfurrias, TX 78355
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
residents expressed concern or complained about CNA A's care. In a second anonymous interview
revealed CNA A seemed to be flirtatious with Resident #1. CNA A's behavior was reported to multiple
nurses which included the ADON but did not know if anything was ever done. CNA A would take hours on
Resident #1 and CNA A would say she was either combing their hair or providing some kind of care. CNA A
would brag about getting texts from Resident #1, but CNA A never stated she had a sexual relationship with
Resident #1 and denied any inappropriate behavior. Information about CNA A texting Resident #1 was not
reported. In a phone interview on 7/16/25 at 2:51pm, CNA A stated she remembered Resident #1 and
stated he would request her to provide care to him because she cared for him the right way and would
bathe him right. CNA A stated she never sent text messages or pictures to any resident, CNA A denied any
inappropriate behavior and stated she did have tattoos but did not identify them. Attempted interview with
the local authorities on 07/16/25 at 4:04pm, 07/16/25 at 4:08pm, and 07/16/25 at 4:40pm were
unsuccessful. Record review of the Police Report dated 4/29/25, reflected the call log confirmed the phone
number in Resident #1's text message belonged to CNA A. Record review of the facility's Abuse Prohibition
Policy dated 06/02/25 reflected: IntentEach resident has the right to be free from abuse, mistreatment,
neglect, corporal punishment, involuntary seclusion and financial abuse. Sexual abuse includes, but is not
limited to, rape, sexual harassment, sexual coercion or sexual assault.Identifying Sexual Abuse and
Capacity to ConsentA resident's consent to sexual activity is not valid if obtained from a resident who lacks
the capacity to consent, or if the consent was obtained through intimidation, fear or coercion. 1. Sexual
abuse is non-consensual sexual contact of any type with a resident, as defined at 42 CFR S483.5. Sexual
abuse includes, but is not limited to:a. unwanted intimate touching of any kind especially of breasts or
perineal area;b. all types of sexual assault or battery, such as rape, sodomy, and coerced nudity;c. forced
observation of masturbation and/or pornography; andd. taking sexually explicit photographs and/or
audio/video recordings of a resident(s) and maintaining and/or distributing them (e.g. posting on social
media). This wouldinclude, but is not limited to, nudity, fondling, and/or intercourse involving a resident.2.
Generally, sexual contact is nonconsensual if the resident either:a. appears to want the contact to occur,
but lacks the cognitive ability to consent; orb. does not want the contact to occur.4. Any forced, coerced or
extorted sexual activity with a resident, regardless of the existence of a pre-existing or current sexual
relationship, is considered to be sexualabuse.
Event ID:
Facility ID:
675630
If continuation sheet
Page 4 of 4