F 0839
Employ staff that are licensed, certified, or registered in accordance with state laws.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview and record review the facility failed to ensure professional staff were
licensed, certified, or registered in accordance with applicable State laws for 1 of 3 staff (Staff A) reviewed
for staff qualifications.
Residents Affected - Some
The facility failed to ensure Staff A completed the appropriate educational requirements of a bachelor's
degree in social work and was appropriately licensed to practice social work in the State of Texas.
This failure could place residents at risk of not receiving care and services from staff who were properly
trained and supervised.
The findings included:
Record review of staff Roster (undated) revealed Staff A had a job title listed as Social Services with a hire
date of 07/01/2022.
Record Review of a job description titled Social Service Director dated 7/02/2022 signed by Staff A
revealed: Job Requirements: Education Experience: bachelor's degree in social work.
During an interview on 3/21/2024 at 4:00 p.m., Staff A stated she was hired as the facility Social Worker
approximately 1.5 years ago. She stated she had completed a bachelor's degree in psychology from a local
university. She stated she did not have a degree in social work and was not licensed to work as a Social
Worker. Staff A stated her job duties included: assessments, observations, referrals to community
resources, liaison between staff, helping resident find community partners to meet their needs, resolving
grievances, documentation, signing up residents for optometry, podiatry and dental services. She stated
assessments included: social history, trauma informed cares, BIMS assessments and PHQ-9 assessments.
She stated trauma informed care included understanding a resident's history and any traumatic
experiences and how the facility served them while being conscious about the triggers that might affect
them. She stated her training for trauma informed care had been online and not in a licensed social worker
capacity. She stated she was trained to do social history, BIMS assessments and PHQ-9 assessments by
shadowing another social worker at another facility for a few days when she was first hired. When asked if
she performed counseling services, she stated she does speak with residents to help them talk through
grievances and things that might have upset them or things that have brought them joy and they were
happy about. She stated for residents who were having adjustment difficulties she meets with them when
they arrive at the facility or the next day and help familiarize them with the building and surroundings. She
stated if they were still having trouble adjusting in a month or two, she will ask them what they need and
provide what she can. Staff A stated she helps develop care plans but not in a licensed sense. What asked
what a licensed sense was she
(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:
675641
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
675641
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/22/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Seguin
1215 Ashby
Seguin, TX 78155
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 0839
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
stated, I don't know. Staff A stated she left like a lot of her duties and things she does at the facility align
with the duties of a licensed social worker. Staff A stated she found this job by an ad on an internet job
recruiting board. She stated the ad indicated the facility was not specifically hiring a licensed social worker.
She stated the ad indicated they were hiring someone who had a bachelor's degree in a human science
field. Staff A stated the facility was licensed for 134 beds (which required a full-time social worker for 120 or
greater beds). Staff A stated she works full time as the Social Worker. She stated there were no other
Social Workers that came to the facility to help with the residents, and she was not aware of any contracted
Social Workers that came to the facility. Staff A stated her supervisor, the Administrator was aware she was
not licensed. She stated she was originally hired from a previous Administrator. Staff A stated if she had
any questions about her job duties she asked anyone on her team but did not have a licensed Social
Worker to ask questions.
During an interview on 3/21/2024 at 4:28 p.m., the HR Specialists stated Staff A was not a licensed Social
Worker. She stated Staff A was already an employee of the facility when she (HR Specialists) started
working. She stated all personnel files were kept online. She stated Staff A did not have a resume or job
application in her personnel file. The HR Specialist stated if she were hiring for the position of a Social
Worker, she would hire someone who was licensed. She stated the facility management had talked to Staff
A about furthering her education because they do want her licensed.
During an interview on 3/22/2024 at 1:37 p.m., the Administrator stated he was aware Staff A was not a
licensed Social Worker. He stated he was aware of the regulations and requirements to have a licensed
Social Worker on staff. He stated the facility had an open ad and were actively looking for a licensed Social
Worker. The Administrator Staff A's title was social services. He stated if a resident needed assistance that
Staff A could not provide, they could refer the resident to psychological services who had the capacity to
refer to a licensed social worker for counseling if needed. The Administrator stated Staff A was performing
resident assessments which were reviewed by nursing staff but not a licensed social worker.
During an observation/interview on 3/22/2024 at 2:35 p.m., Staff A was observed wearing a handwritten
name badge that read: Social Work. Staff A stated she could not find her official name badge. She stated
the HR Specialist made her a handwritten name badge that stated, Social Work. She stated her official
name badge also stated, Social Work.
Record review of a facility recruitment document dated 3/22/2024 (after surveyor intervention) revealed a
job posting for Social Services with requirements which included: master's degree in social work, two years
of experience working in geriatrics, previous experience with nursing homes preferred and licensure
preferred.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675641
If continuation sheet
Page 2 of 2