F 0800
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide each resident with a nourishing, palatable, well-balanced diet that meets his or her daily nutritional
and special dietary needs.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews, and record review, the facility failed to provide residents with a nourishing,
palatable, well-balanced diet that meets their daily nutritional and special dietary needs, taking into
consideration the preferences of each resident for 1 of 1 meal (the lunch meal) reviewed for nutritional
adequacy.
The facility failed to prepare an adequate amount of food for the lunch meal on 10/29/24.
This failure could affect all residents in the facility by placing them at risk of not receiving adequate nutritive
food value needed to promote/maintain health.
Findings included:
1. Record review of Resident #1's face sheet dated 10/29/24, indicated a [AGE] year-old male who admitted
to the facility on [DATE] with diagnoses which included liver cancer, cerebral vascular disease (a group of
conditions that affect blood flow and the blood vessels in the brain, congestive heart failure (a serious
condition that occurs when the heart cannot pump enough blood to meet the body's needs), and anemia (a
condition in which the blood doesn't have enough healthy blood cells and hemoglobin, a protein found in
red blood cells, to carry oxygen all through the body).
Record review of Resident #1's quarterly MDS assessment dated [DATE], indicated he was understood and
understood others. The MDS assessment indicated Resident #1 had a BIMS score of 15, which indicated
his cognition was intact. The MDS assessment indicated Resident #1 was independent with eating, did not
have swallowing disorders, and did not have a weight loss or weight gain of 5 percent in the last 6 months.
Record review of Resident #1's comprehensive care plan dated 05/14/24 and revised on 10/04/24,
indicated Resident #1 had an order for a regular diet, double portions, with thin liquids. The care plan
interventions indicated diet: regular, texture: regular fluids, consistency: thin double portions, special
instructions: may chop or puree meat at request.
Record review of Resident #1's physician order report dated 09/29/24- 10/29/24, indicated Resident #1 had
an order for regular diet with thin liquid double portions.
During an interview on 10/29/24 at 11:04 AM, Resident #1 said the facility has frequently run out of food.
Resident #1 said he has had to send out for food. Resident #1 said there was not enough food at the facility
if he wanted extra. Resident #1 said staff had told him before that there was not
(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:
675788
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
675788
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/30/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Commerce
2901 Sterling Hart Dr
Commerce, TX 75428
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 0800
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
enough for extras, you get what you get. Resident # 1 said he received one egg, one strip of bacon, and
one biscuit that morning. Resident #1 said he has asked before for an extra biscuit, but they had told him
there was no more and not to be selfish that there were more residents at the facility, so he quit asking .
2. Record review of Resident #2's face sheet dated 10/29/24, indicated a [AGE] year-old male who admitted
to the facility on [DATE] and discharged home on [DATE]. Resident #2 had diagnoses which included
cerebral ischemic attack (occurs when blood flow to the brain is reduced or blocked), essential
hypertension (high blood pressure), protein-calorie malnutrition (inadequate intake of proteins and calories
in diet), and end stage renal disease (permanent condition that occurs when the kidneys are no longer able
to function and require dialysis or a kidney transplant to sustain life).
Record review of Resident #2's quarterly MDS assessment dated [DATE], indicated Resident #2 was
usually understood and usually understood others. The MDS assessment indicated Resident #2 had a
BIMS score of 15, which indicated his cognition was intact. The MDS assessment did not indicate Resident
#2 had a swallowing disorder or a significant weight loss/gain of 5 percent in the last 6 months.
Record review of Resident #2's comprehensive care plan revised 04/18/24, indicated Resident #2 was on a
regular diet with thin liquids. The care plan interventions indicated Resident #2 will follow diet orders.
Record review of Resident #2's physician order report dated 12/28/23-05/17/24, indicated Resident #2 had
an order for regular diet with a start date of 12/18/23.
Record review of a grievance form dated 04/03/24, indicated Resident #2 made the complaint himself. The
grievance form indicated under detail of complaint of grievance [Resident #2] feels like dietary department
is frequently running low on food or out of a certain items ie: eggs, biscuit.
During an observation of facility lunch menu on 10/29/24 at 11:35 AM, that was displayed at the entrance of
the dining room, indicated lunch meal was as followed: Baked pork steak lyonnaise, potatoes, sliced
carrots, cornbread, and applesauce .
During an observation and interview on 10/29/24 at 12:40 PM, the test tray was placed on the cart. The test
tray portion size appeared to be adequate. [NAME] A said they had ran out of cornbread so none were
placed on the test tray.
During an observation and interview on 10/29/24 at 12:51 PM, the Dietary Supervisor said they had run out
of the main lunch meal and the alternate meat and needed to take the test tray for a resident that had
requested he wanted what was served for lunch . The Dietary Supervisor said that running out of food
usually did not happen.
During an interview on 10/29/24 at 12:55 PM, the Dietary Supervisor said if a resident requested for extra
servings of the meal they would have to fix an alternate meal. The Dietary Supervisor said depending on
what the resident wanted, they could fix them sandwiches or a grilled cheese sandwich. The Dietary
Supervisor said if the resident wanted what they had for lunch and they did not have extras, then the cook
would have to make more. The Dietary Supervisor said she would not let a resident be without eating. The
Dietary Supervisor said she had ready to cook meats that could be cooked quickly if needed. The Dietary
Supervisor said the cook and herself were responsible for ensuring the residents had enough food .
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675788
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
675788
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/30/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Commerce
2901 Sterling Hart Dr
Commerce, TX 75428
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 0800
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During an interview on 10/29/24 at 12:59 PM, [NAME] A said she had worked at the facility for 13 years.
[NAME] A said the Dietary Supervisor and herself were responsible for ensuring there was enough food
cooked if the residents requested for extra portions. The Dietary Supervisor said she usually cooked an
extra kind of meat as an alternate. [NAME] A said there were residents at the facility that required double
portions. [NAME] A said if a resident requested extra food, she would ask them what they wanted, and she
would cook it for them . So, this would not affect the residents. [NAME] A was unable to give a reason as to
why they ran out of food.
During an interview on 10/30/24 at 12:13 PM, LVN B said she had not received any complaints of not
having enough food from residents. LVN B said she had not seen the facility run out of food. LVN B said if a
resident requested extra food, during their meal, they had the right to receive more food. LVN B said if a
resident requested extra food and there was not enough extra made, they could go hungry. LVN B said they
Dietary Supervisor and the Administrator were responsible for ensuring there was an adequate amount of
food made with each meal .
During an interview on 10/30/24 at 2:14 PM, the DON said there should be enough food made for seconds
as well as an alternate meal. The DON said she had not heard or seen any issues of running out of food.
The DON said it was important for there to be an adequate amount of food because if a resident said they
were still hungry then they must accommodate. The DON said if they ran out of food, then the cook was
responsible for making more food. The DON said the Dietary Supervisor and the Administrator were
responsible for ensuring there was an adequate amount of food made with each meal. The DON said the
residents were not at any risk because they had already received some food and there were no risks to
that.
The Administrator was not available for interview.
Record review of the facility's policy titled Food and Nutrition Services revised September 2021, indicated .
Each resident is provided with a nourishing, palatable, well-balanced diet that meets his or her daily
nutritional and special dietary needs, taking into consideration the preferences of each resident. 1. The
multidisciplinary staff, including nursing staff, the attending physician and the dietician will assess each
resident's nutritional needs, food likes, dislikes, and eating habits, as well as physical functional, and
psychosocial factors that affect eating and nutritional intake and utilization. 4. Reasonable efforts will be
made to accommodate resident choices and preferences.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675788
If continuation sheet
Page 3 of 3