F 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to and the facility must promote and facilitate resident self-determination through
support of resident choice.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to promote and facilitate resident
self-determination through support of resident choice to including but not limited to the residents choice to
activities, schedules (including sleeping and waking times), healthcare and providers of healthcare services
consistent with his or her interest, assessments, and plan of care and other applicable provisions of this
part for 1 (Resident #1) of 4 residents reviewed for resident rights.
The facility failed to honor Resident #1's request to be assisted out of bed at least once a day.
This failure could place residents at risk for depression, diminished quality of life and isolation.
Findings included:
Record review of Resident #1's face sheet dated 03/14/2025 revealed an admission date of 07/23/2021
with latest re-admission on [DATE], and with diagnoses which included: Cerebral infarction (stroke);
Hemiplegia (weakness or paralysis on one side of body)affecting right dominant side; Aphasia (language
disorder that affects a person's ability to communicate) following cerebral infarction; Major Depressive
Disorder (a mental health disorder characterized by persistently depressed mood); and Morbid obesity due
to excess calories (Body Mass Index of 40 or higher which can increase risk of serious health problems and
can shorten lifespan).
Record review of Resident #1's Quarterly MDS assessment dated [DATE] revealed her BIMS score was left
blank, and she was assessed as being dependent for transfers and mobility with wheelchair.
Record review of Resident #1's Care Plan dated 01/29/2925 revealed a problem area which included:
- Resident requires use of hoyer/mechanical lift and is at risk for injury, with intervention of 2 staff at all
times for transfer with mechanical lift; and
- Resident has low attendance in activities, goal Resident will attend activities 1xw.
Record review of Resident #1's Physician Orders dated 03/14/2025 revealed an order for Resident may
attend activities and social events of choice and ADL-Transfer: Total dependence x2 [mechanical] lift
Record review of Resident #1's vital signs record revealed her current weight is 316lbs., down from
(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:
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
03/14/2025
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 0561
328.2 lbs in December 2024.
Level of Harm - Minimal harm
or potential for actual harm
Record review of Resident #1's Point of Care History for ADL's -Transfers from 1/10/2025 through 3/4/2025
revealed that her log was marked as Activity did not occur on 22 days during that time period. Those days
marked as did not occur were: 3/9/2025, 3/6/2025, 3/2/2025, 3/1/2025, 2/28/2025, 2/23/2025, 2/22/2025,
2/21/2025, 2/20/2025, 2/16//2025, 2/12/2025, 2/9/2025, 2/5/2025, 2/1/2025, 1/31/2025, 1/28/2025,
1/25/2025, 1/24/2025, 1/23/2025, 1/22/2025, 1/13/2025, and 1/10/2025. Further review revealed all of the
other days are noted with at least one entry of total dependence and 4 days have entries of limited
assistance. Further review of the days marked as mechanical lift having been done with total dependence
revealed the majority were done in late afternoon- early evening.
Residents Affected - Few
Observation and interview with Resident #1 on 03/11/2025 at 10:42 a.m. revealed Resident #1 was lying in
a large, oversized bed, and was unable to move her right arm and leg. Due to speech disorder which
resulted from her stroke, Resident #1 was only able to say a few single words over and over, but she was
able to point to what she wants/needs and could nod her head yes/no to answer basic questions. During
this interview, she pointed to the overhead light, and activated her call light. CNA-B answered the call light
within a few seconds and saw Resident #1 point to the overhead room light, and CNA-B asked her if she
wanted the light off, Resident #1 shook her head yes, and CNA-B turned off the light.
During a telephone interview with family members #1 and #2 on 03/12/2025 at 10:59 a.m., family member
#1 stated that Resident #1 was not getting out of bed, and when they request she be assisted up into her
wheelchair, they have been told they do not have 2 people on duty to do that. Family #2 stated the staff tell
them that they get her up for lunch every day, but she was never up when the family comes to visit and
noted that family visits about every other day and on weekends. Family Member #2 stated sometimes the
staff will get Resident #1 up in her wheelchair for special occasions, but they always have to ask in
advance.
During a telephone interview with family member #3 on 03/14/2025 at 10:02 a.m. revealed she was aware
Resident #1 was very overweight, and was difficult to transfer her to her wheelchair, but stated Resident #1
was left in bed way too much. Family member #3 asked how is she supposed to be active and lose weight if
she never gets out of bed? Family member #3 stated she that if Resident #3 was able to be up in her
wheelchair more, she would build up tolerance for it and participate in activities, go to exercises with
therapy, and all of this would help her be more active, exercise more and help her lose that weight. Family
member #3 stated the only time staff get Resident #1 up into her wheelchair is when they, her family, are
there and request it.
During interview with the Social Worker on 3/14/2025 at 9:48 a.m. the Social Worker clarified that Resident
#1's BIMS score was 00, indicating severe cognitive impairment, not only due to her speech impediment,
but noted that even by nodding her head, she was unable to remember the words given to her during the
assessment. The Social Worker also stated that Resident #1's family has requested that Resident #1 be
assisted up into her wheelchair at noon meals every day, or to get her up for at least one meal a day out of
her room.
Record review of Resident #1's Quarterly MDS assessment dated [DATE] revealed her BIMS score was left
blank. During an interview with the Social Worker on 3/14/2025 at 9:48 a.m. the Social Worker clarified that
Resident #1's BIMS score was 00, indicating severe cognitive impairment, not only due to her speech
impediment, but noted that even by nodding her head, she was unable to remember the words given to her
during the assessmentInterview on 3/14/2025 at 9:48 a.m. with the Social Worker
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675641
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
675641
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/14/2025
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 0561
Level of Harm - Minimal harm
or potential for actual harm
revealed that the family has requested that Resident #1 be assisted up into her wheelchair at noon meals
every day, or to get her up for at least one meal a day out of her room.
Observation on 03/11/2025 at 12:25 p.m. on Hall 500 revealed Resident #1 was in her room, in her bed,
and was provided a lunch tray in her room.
Residents Affected - Few
Observation and interview with Resident #1 on 03/12/2025 at 12:26 p.m. revealed she was sitting in her
bed, with her lunch tray on the bedside table in front of her eating lunch. When asked if she wanted to get
up into her wheelchair and eat lunch in the dining room, she nodded affirmatively, indicating yes. When
asked if she would like to get up in her wheelchair every day for lunch, she nodded affirmatively. When
asked if staff get her up in her wheelchair for lunch, she shook her head negatively, indicataing no.
Observation on 03/12/2025 at 1:46 p.m. of a mechanical lift transfer for Resident #1 from her bed to her
wheelchair by CNA -B and CMA-E revealed privacy was provided, and proper procedure followed for the
transfer. When she was initially being lifted in the sling, Resident #1 verbalized loudly and pointed to the
back of her knees, indicating she felt pain there. The staff stopped the transfer, lowered her back to the bed
and provided padding to the area behind her knees and when Resident #1 indicated she no longer felt pain,
the transfer was resumed. Resident #1 did express some discomfort through grunts and facial expressions
while being lifted in the mechanical lift sling. Observation revealed that her body was pressed together
tightly with the sling, but her breathing did not appear compromised. As soon as Resident #1 was seated
safely in her wheelchair and released from the sling, she smiled and indicated with head nods that she was
okay, but did nod her head affirmatively when asked if the mechanical lift sling caused her discomfort. She
shook her head negatively when asked if she felt fear during the mechanical lift transfer.
Interview on 3/11/2025 at 10:49 a.m. with CNA-B revealed she was agency staff and has worked at this
facility about 3 years and knows Resident #1 well. CNA-B stated Resident #1 does have a specially made
wheelchair that they store in one of the empty rooms due to space concerns. She stated Resident #1
requires a 2-person mechanical lift, and that sometimes therapy will get her up into her wheelchair for
special occasions, but not very often. For showers, she stated Resident #1 receives bed baths with 2 staff.
Interview on 3/11/2025 at 11:52 a.m. with CMA-E revealed she has worked at the facility for about 3 years
and works as both a CMA and a CNA. CMA-E stated that Resident #1 is not gotten out of bed into her
wheelchair very often, and she has only seen her get out of bed when family are here and request it.
CMA-E noted that it is difficult and takes a lot of time to transfer Resident #1, and that Resident #1 is only
able to tolerate sitting up for about 30 minutes, and then wants to be transferred back to bed. CMA-E stated
that Resident #1 gets bed baths only and is very cooperative with staff when they provide care to her.
Interview on 3/13/2025 at 7:34 a.m. with LVN-D revealed she was a facility staff who had been at the facility
about 2 months. She stated Resident #1 was able to communicate by pointing to what she wants, or
pointing to where she hurts, and by answering yes/no questions with head nods. LVN-D stated Resident #1
will repeat the same 2-3 words over and over and will continue pointing and gesturing until staff can
understand what she is trying to communicate. LVN-D stated Resident #1 required a mechanical lift with 2
staff assist, but also stated Resident #1 does not get out of bed very often. LVN-D stated that the last time
she saw Resident #1 out of bed was for her Mammogram appointment the previous week.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675641
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
675641
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/14/2025
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 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Interview with the ADON on 03/12/2025 at 12:43 p.m. revealed that Resident #1 had a stroke years ago,
and has gained a lot of weight. She stated Resident #1 has a specially made wheelchair to accommodate
her and required use of a mechanical lift with at least 2 persons to assist. She further stated Resident #1
gets up and into her wheelchair about one time a week, for activities or meals. She stated for medical
appointments Resident #1 is taken via stretcher by Ambulance. The ADON stated that they are working
with the family, and her interdisciplinary team to aide in her weight loss, and noted she was recently put on
a new medication to aid in weight loss.
Interview with the Director of Rehabilitation on 03/13/2025 at 2:05 p.m. revealed Resident #1 was receiving
physical therapy 3 times a week, and specifically was on a functional maintenance program. She stated
physical therapy was working on increasing her bed mobility, for example using her left leg to help her turn
over in bed. She stated Resident #1 needs a mechanical lift transfer with 2 staff. She stated she had not
been notified by any staff of any concerns in using the mechanical lift to transfer Resident #1.
Interview with PTA-C on 03/14/2025 at 10:45 a.m. revealed that Resident #1 received physical therapy
services 3 times a week for 40- minute sessions, working on increasing her range of motion, and reaching
exercises. She stated the therapy was done in her room, with Resident #1 lying in bed. She stated she has
never seen Resident #1 get up in her wheelchair for her therapy sessions, but that it would be good if she
could, as she felt Resident #1 could benefit from working on some of the equipment they have in the
therapy room. She further stated that she has never gotten Resident #1 up in her wheelchair using the
mechanical lift, because she would not feel safe doing that unless there were 3-4 staff there to help. PTA-C
stated that Resident #1 was not able to tolerate being up in the wheelchair very long, and will cry because it
causes her pain if she stays up too long in her wheelchair.
During an interview with the Administrator, RN-F and the ADON on 03/14/2025 at 12:15 p.m., RN-F stated
Resident #1 was transferred out of her bed regularly, and that this is documented in their EHR system.
RN-F pulled up the ADL [Mechanical Lift] transfer log in their EHR system for January 10- March 4 2025
and provided a copy for the State Surveyor. RN-F did note there were some gaps of several days on the
log, noting no mechanical lift transfers occurred on the days around 2/21/2025. The ADON stated that
Resident #1 does refuse transfers at times because the transfers hurt her, but was not able to identify
where these refusals are documented,
Record review of facility policy titled Resident Rights revised February 2021 revealed: Federal and state
laws guarantee certain basic rights to all residents of this facility. These rights include the resident's right to:
a. a dignified existence and self-determination.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675641
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
675641
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/14/2025
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 0880
Provide and implement an infection prevention and control program.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record review the facility failed to maintain an infection prevention and control
program designed to provide a safe, sanitary and comfortable environment and to help prevent the
development and transmission of communicable diseases and infections for residents who eat in their
rooms in one (Hall 500) of six halls observed for in-room dining services.
Residents Affected - Some
While passing lunch trays in hallway 500, CNA-A did not sanitize or clean her hands in between residents.
This failure could place residents at risk for infection.
Findings included:
Observation of meal services on Hall 500 on 03/12/2025 at 12:17 p.m. revealed CNA-A was in process of
distributing lunch trays to residents in their rooms on Hall 500. CNA-A was observed to check a tray card on
the lunch tray, and then carry the tray to a resident in room [ROOM NUMBER]. CNA-A then returned to the
rack of lunch trays, checked tray card on another lunch tray and carried that lunch tray to room [ROOM
NUMBER]A, where she assisted Resident #1 with set up of her lunch tray by placing the tray on a nearby
table, cleared Resident #1's bedside table of the previous meal's tray, then placed the lunch tray on her
bedside table, and moved the table over Resident #1's lap. CNA-A raised the head of bed for Resident #1
by using the bed remote, and then helped set up the tray by removing plastic covers from the drink
containers, and opening the utensils wrap. Without sanitizing her hands, CNA-A then went back to the rack
of lunch trays and grabbed another lunch tray and brought it to room [ROOM NUMBER]. CNA- A pushed
the rack of lunch trays down the hall and repeated this process for rooms [ROOM NUMBERS]. CNA-A did
not wash or sanitize her hands in between delivering trays to the different residents' rooms, or before and
after assisting Resident #1 with her lunch tray set-up, and touching several items in Resident #1's
environment (bed remote, bedside table, previous meal tray) in process.
Interview on 03/12/2025 at 12:33p.m. with CNA-A revealed she was an agency staff who had only worked
at the facility about 2 months. CNA-A stated she had received training in infection control and stated that
she did not sanitize her hands in between delivering each tray to different residents and helping them set
up their trays, because it would dry out her hands too much. The CNA-A did not respond when asked what
the result could be of not sanitizing her hands in between working with different residents, and stated she
washed her hands prior to starting the meal service.
During an interview with the ADON on 03/12/2025 at 12:43 p.m., the ADON stated all staff much sanitize
their hands in between working with different residents, which included when passing lunch trays to
different residents' rooms. The ADON stated that by not sanitizing hands in-between working with different
residents, it could result in the spread of infection.
Record review of facility policy titled Handwashing/Hand Hygiene dated 2001 revealed a policy statement:
this facility considers hand hygiene the primary means to prevent the spread of healthcare-associated
infections. Continued review revealed: Hand hygiene is indicated: a. immediately before touching a resident
. after touching a resident and .after touching a resident's environment.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675641
If continuation sheet
Page 5 of 5