F 0602
Protect each resident from the wrongful use of the resident's belongings or money.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based
interviews and record review, the facility failed to ensure each resident was free from misappropriation of
resident property for 2 of 3 residents (Resident #2 and Resident #3), reviewed for drug diversion.
Residents Affected - Few
The facility failed to prevent the misappropriation of Resident #2 and Resident #3's
hydrocodone-acetaminophen 5-325 mg (formerly known under the brand name Norco, this combination
medication containing 5 mg of hydrocodone [an opioid analgesic] and 325 mg of acetaminophen [also
known as Tylenol] is used to treat pain).
This failure could place residents at risk for not receiving their prescribed medications, unrelieved pain, and
decreased quality of life.
Findings include:
1.Record review of Resident #2's face sheet dated 5/8/25 indicated he was [AGE] years old, admitted to the
facility on [DATE] with diagnoses including, Herpes viral vesicular dermatitis (a painful skin infection caused
by the Herpes Simplex Virus); myelopathy (neurological deficits and pain stemming from damage or injury
to the spinal cord, often resulting from compression or other forms of injury); peripheral vascular disease (a
circulatory condition where blood vessels outside the heart and brain narrow, block, or spasm, restricting
blood flow which can cause pain) and unspecified pain.
Record review of the MDS dated [DATE] indicated Resident #2 usually made himself understood. The MDS
indicated Resident #2 had mildly impaired cognitive ability (BIMS of 9). The MDS indicated Resident #2
required extensive assistance with bed mobility, transfers, and toilet use.
Record review of the care plan dated 3/31/25 indicated Resident #2 had chronic pain. The care plan
interventions included administer prescribed medications as ordered by the physician.
Record review of the active physician order with a start date of 3/21/25 detailed Resident #2 was to be
administered hydrocodone-acetaminophen 5-325 mg 1 tablet every four hours as needed for moderate to
severe pain.
During an observation and interview on 5/8/25 at 1:55 p.m., Resident #2 sat in his wheelchair in his room.
Resident #2 said his pain had been well managed since she had been at the facility and no complaints.
Resident #2 said the pain medication the facility administered him for pain was effective. Resident #2 said
he was not in any pain at the time of the interview and observation.
2.Record review of the face sheet for Resident #3 dated 5/8/25, indicated she was [AGE] years old,
(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 6
Event ID:
675668
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
675668
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/08/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Mineola
320 Greenville Highway
Mineola, TX 75773
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 0602
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
admitted to the facility on [DATE] with diagnoses including cirrhosis of the liver (chronic liver disease where
scar tissue replaces healthy liver tissue, impairing the liver's ability to function normally, an often painful
condition), muscle spasm, chronic pain, and polyneuropathy (a painful condition where damage or
dysfunction affects multiple peripheral nerves throughout the body).
Record review of the MDS dated [DATE], indicated Resident #3 made herself understood and understood
others. The MDs indicated she had intact cognitive function (BIMS of 15). The MDS indicated Resident #3
required extensive assistance with showering, dressing the lower body, and personal hygiene. The MDS
indicated Resident #3 frequently experienced pain during the 5 day look back period which occasionally
made it difficult for her to sleep at night, rarely or not at all interfered with rehabilitation services, and
occasionally interfered with day to day activities.
Record review of the care plan dated 4/4/25 indicated Resident #3 experienced chronic pain in her back
and both legs. The car plan interventions included, administer prescribed medications as ordered by the
physician.
Record review of the active physician order with a start date of 4/7/25 detailed Resident #3 was to be
administered hydrocodone-acetaminophen 5-325 mg 1 tablet every six hours as needed for pain.
During an observation and interview on 5/7/25 at 1:00 p.m., Resident #3 sat smiling in her wheelchair.
Resident #3 said her pain had been well managed since she had been at the facility and no complaints.
Resident #3 said sometimes she would have increase in pain after therapy but added the pain medication
the facility administered her for pain was effective. Resident #3 said she was not in any pain at the time of
the interview and observation.
Record review of the provider investigation report (PIR) dated 4/23/25 detailed that LVN A discovered on
4/15/25 at approximately 9:00 pm that Resident #2 had 29 tablets of hydrocodone/acetaminophen 5-325
mg replaced with extra strength Tylenol and Resident #3 had 7 tablets of hydrocodone/acetaminophen
5-325 mg replaced with extra strength Tylenol. The provider investigation report detailed that the narcotic
sheets and pill bottles were confiscated and locked up, medication cart and medication room audits were
performed by the DON and no other issues were identified. Pain assessments for all residents were
completed on the hall on which Resident #2 and Resident #3 resided with no adverse findings. The
pharmacy consultant was notified and also performed medication cart and medication room audits with no
additional issues identified. The extra strength Tylenol was replaced with the prescribed
hydrocodone/acetaminophen 5-325 mg. The provider investigation report detailed the facility identified six
nurses who had access to the locked medication cart from which the pills were taken. Those nurses
provided witness statements. The nurses that had access to the cart on Wednesday the 14th and Thursday
the 15th were drug tested. Of those nurses LVN A tested positive. Her results were sent for additional
testing as she provided evidence she (LVN A) had a prescription for the medication herself. (The additional
testing was to determine if the medication in her system was outside of the prescribe range). The local
police department, state agency resident physician and medical director were notified.
Record review of the signed witness statement dated 4/17/25 signed by LVN A detailed that she worked the
evening shift of 4/15/25. The statement detailed that at approximately 8:30 p.m., Resident #3 asked for a
pain pill and a muscle relaxer. LVN A retrieved the bottle of hydrocodone/acetaminophen Resident #3 had
brought from home with her upon her admission to the facility. LVN A detailed that when she opened the
bottle to dispense 1 tablet she noticed the medication did not appear to be Hydrocodone/acetaminophen
but looked more like Tylenol. LVN A detailed she used pill identifier to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675668
If continuation sheet
Page 2 of 6
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
675668
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/08/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Mineola
320 Greenville Highway
Mineola, TX 75773
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 0602
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
confirm her suspicion and the pills were Tylenol. LVN A said she knew one other resident also took
Hydrocodone/acetaminophen from a pill bottle that had been sent with him form another nursing facility, so
she checked that resident's (Resident #2's) medication as well, and found that it too was Tylenol.
An interview with LVN A was attempted on 5/5/25 at approximately 10:00 a.m. and 5/8/25 at 10:58 a.m.,
detailed messages were left on her voicemail each time. No return call was received.
Record review of the police report date 4/16/25 detailed that the officer responded to call at the facility in
reference to theft of pills. The officer reported he spoke the DON and the administrator who informed him
LVN had found that hydrocodone pills were missing and had been replaced with extra strength Tylenol. The
reported detailed that the DON explained both residents had admitted to the facility with the pill bottles and
that the pills had been counted and returned to the bottles on their admission. The report detailed that the
DON reported she could not be sure the bottles had hydrocodone in the bottles when the residents arrived
to the facility. The report detailed the Administrator wished to file charges in the manner .
An interview with the police officer that took the police report was attempted on 5/8/25 at 2:20 p.m. the
dispatcher took the investigators information and indicated she would have the officer return the call, no
return call was received.
During an interview on 5/8/25 at 2:00 p.m., the DON said the facility tested nurses with access to the carts
for the 48 hours prior to discovery of the event as neither resident reported increased or unrelieved pain so
it was thought the switch had happened recently. In addition, when all the findings were presented to the
corporate office the instruction they (the DON and Administrator) received was to test nurses for the past
48 hours with access to the cart. The DON said LVN A tested positive but reported she had a prescription
for the medication. The DON said the decision was made to send the sample to an outside lab to perform
additional testing to see if the levels in her sample indicated levels above the prescribed amount. However,
the results from that lab were inconclusive. The DON explained apparently in the transport of the sample to
the lab the requisition slip was separated from the specimen so the lab refused to run the test. The DON
said LVN A had been suspended pending the investigation and was phoned and told the results were
inconclusive and she would be allowed to return to work. The DON said however, LVN A no called no
showed and has not returned. The DON said LVN A not returning to work was suspicious but they could not
substantiate she had swapped the pills. The DON said we really could not say when the swap occurred.
The DON said going forward they will not accept pills bottles/administer controlled substances from pill
bottles. The DON said in the event the pills are provided to the facility they will be sent to the pharmacy for
verification and placed in blister packs (a blister pack is a type of packaging where a product [often a pill] is
encased in a plastic bubble attached to a card. The primary purpose of a blister pack is to protect the
product, offer a clear display for consumers, and sometimes provide tamper-evident features). The DON
said if a controlled medication for pain is needed while this process takes place the medications will be
administered from the facilities emergency kit.
During an interview on 5/8/25 at 2:50 p.m., the Administrator said misappropriation had occurred and while
he suspected LVN A he did not know for certain. The Administrator said the facility performed and
in-services and going forward no pill bottles would be accepted. He said if a resident came from home or
another facility with the pain pills in bottles the pills would be sent to the pharmacy for verification and the
pills would be placed in blister packs.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675668
If continuation sheet
Page 3 of 6
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
675668
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/08/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Mineola
320 Greenville Highway
Mineola, TX 75773
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 0602
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Review of the facility policy and procedure titled Abuse, Neglect and Exploitation, revised October of 2023,
stated The facility will provide protection for the health welfare and rights of each resident .prohibit and
prevent the .misappropriation of resident property.
Review of the facility policy and procedure titled Controlled Substances, dated 6/1/22, stated 9. Upon
receipt the nurse receiving the medication and the individual delivering the medication verify the name,
dose, and quantity of each controlled substance being delivered . The policy and procedure did not address
receiving pills in bottles and those pills being verified by pharmacy consultant and placed in blister packs.
Event ID:
Facility ID:
675668
If continuation sheet
Page 4 of 6
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
675668
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/08/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Mineola
320 Greenville Highway
Mineola, TX 75773
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 0842
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Safeguard resident-identifiable information and/or maintain medical records on each resident that are in
accordance with accepted professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to ensure, in accordance with accepted professional standards
and practices, medical record maintained for each resident were complete and accurately documented for 1
of 4 residents (Resident #1) reviewed for resident records.
The facility failed to ensure accurate documentation was documented for Resident #1's wound care on
3/21/25 when the DON (who did not perform the wound care) edited LVN B's (the nurse that performed the
wound care) progress note for Resident #1 five days after the wound care (3/26/25).
This failure could place residents at risk for delayed interventions, appropriate interventions, health
complications and decreased quality of life.
Findings include:
Record review of Resident #1's face sheet dated 5/8/25 indicated Resident #1 was [AGE] years old,
admitted to the facility on [DATE] with diagnoses including non-pressure chronic ulcer of buttock with fat
layer exposed, unspecified skin changes, and history of cellulitis (a common bacterial infection of the skin
and underlying tissues).
Record review of the MDS dated [DATE] indicated Resident #1 made herself understood and usually
understood others. The MDS indicated Resident #1 had moderate cognitive impairment (BIMS of 12). The
MDS indicated Resident #1 was dependent on staff for toileting, showering, and lower body dressing. The
MDS also indicated Resident #1 required substantial assistance for dressing the upper body and personal
hygiene. The MDS indicated she had a surgical wound.
Record review of the care plan revised on 4/15/25 indicated Resident #1 had an open area to the left hip
and was a surgical sight. The care plan interventions included treat area per physician order, cleanse area
to left hip with normal saline, pat dry, apply calcium alginate and cover with a dry dressing.
During an interview and observation on 5/5/25 at 12:08 p.m., Resident #1 said she received her wound
care daily and had no complaints with the care she received. Resident #1 said she had already received
wound care for the day. Resident #1 said she had not missed any days of wound care to her knowledge.
Record review of the nursing note dated 3/21/25 written by LVN B stated changed dressing to left hip.
Previous dressing was dated 3/18/25. Tolerated well. The note was edited by the DON on 3/26/25 and read
Changed dressing to left hip. Tolerated well.
During an interview on 5/5/25 at 1:00 p.m., LVN B said her note read the previous dressing was dated
3/18/25 because that was the date on the dressing when she went to perform the daily dressing change on
3/21/25. LVN B said she did not know why the DON had changed her note.
During an interview on 5/8/25 at 2:00 p.m., the DON said she edited the note because it was a red flag and
suggested Resident #1 had not received daily wound care. The DON said she had not performed the
wound care herself. The DON said she suspected LVN B had falsified the note to cause trouble.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675668
If continuation sheet
Page 5 of 6
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
675668
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/08/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Mineola
320 Greenville Highway
Mineola, TX 75773
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 0842
Level of Harm - Minimal harm
or potential for actual harm
The DON said she should not have changed the note but should have talked to LVN B and documented her
concerns but should not have changed the note. The DON said she should have handled it differently.
During an interview on 5/8/25 the Administrator said he expected resident records to be complete and
accurate.
Residents Affected - Few
Record review of the facility policy and procedure, revised April 2012 title Guidelines for charting and
Documentation stated .the purpose of charting and documentation is to provide: 1. A complete account of
the resident's care, treatment, response to the care, signs, symptoms, etc., and the progress of the
resident's care .a legal record that protects the resident the care providers and the facility .General rules .2.
Be concise, accurate and complete .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675668
If continuation sheet
Page 6 of 6