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Inspection visit

Health inspection

LEGACY AT TOWN CREEKCMS #6759981 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

This survey cited 1 deficiency, 1 of them serious (actual harm or immediate jeopardy). The full statement and the facility’s plan of correction follow, verbatim from the federal record.

F 0695 Provide safe and appropriate respiratory care for a resident when needed. Level of Harm - Actual harm **NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews, and records review the facility failed to ensure respiratory care was provided, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents' goals and preferences for 1 of 5 residents (Resident #1) reviewed for Respiratory Care. The facility failed to ensure appropriate respiratory care was provided to Resident #1 on 10/1/25 when the facility transported her to a doctor's appointment with an empty oxygen tank. This failure could place residents who require supplemental oxygen at risk of hospitalization and diminished quality of life.Findings included:1.Review of an admission Record for Resident #1 dated 10/8/2025 indicated she was an [AGE] year-old female readmitted to the facility on [DATE] with diagnoses of acute respiratory failure, pleural effusion (fluid between the lung and chest wall), and congestive heart failure (heart can't pump blood well enough to meet the body's needs).Review of a quarterly MDS for Resident #1 dated 8/7/2025 indicated she had moderately impaired thinking with a BIMS of 10. She required continuous oxygen therapy.Review of the care plan for Resident #1 dated 8/27/25 indicated she required oxygen therapy related to chronic respiratory failure with hypercapnia (high carbon dioxide levels), CHF, and history of pneumonia. Appropriate interventions were in place including oxygen via nasal cannula at 2 liters per minute, continuous. During an interview on 10/6/25 at 9:42 a.m., the RP said Resident #1 had a doctor's appointment on 10/1/25 and the RP met her at the appointment. The RP said she looked at Resident #1's oxygen tank and noticed it was empty. The RP said she told CNA A who went back to the facility and brought a new, full, oxygen tank. The RP said Resident #1 was having symptoms of shortness of breath including gasping for air. The RP said the doctor's office staff called an ambulance and the resident was transported to the hospital where she was admitted to the emergency room and was discharged on 10/2/25. The RP said Resident #1 had a diagnosis of CHF and was dependent on supplemental oxygen to control symptoms of shortness of breath.During an observation and interview on 10/07/25 at 10:30 a.m., Resident #1 was observed in her room, seated in a wheelchair. She appeared clean and well-groomed with no offensive odor detected and she had no visible marks, bruises, or skin tears. She was receiving supplemental oxygen at 3 liters per minute. Resident #1 said the facility transported her to a doctor's appointment with an empty oxygen tank. She said she was transported to an oncology appointment and began to feel short of breath when someone noticed her oxygen tank was on empty. Resident #1 said the doctor's office called EMS and she was taken to the hospital where she stayed overnight. Resident #1 said she required supplemental oxygen full-time to control her symptoms of shortness of breath. Resident #1 said it made her feel funny and short of breath when she did not have supplemental oxygen. During an interview on 10/07/25 at 3:00 p.m., CNA A said on 10/1/25 he transported Resident #1 to a doctor's appointment. He said Resident #1's RP met them at the doctor's appointment and noted Resident #1's oxygen tank to be empty. CNA A said LVN B checked Resident #1's oxygen tank prior to leaving the facility and said it was full. CNA A said he went back to the facility and 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 2 Event ID: 675998 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 675998 B. Wing A. Building (X3) DATE SURVEY COMPLETED 10/08/2025 NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE Legacy at Town Creek 2212 W Reagan St Palestine, TX 75801 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 0695 Level of Harm - Actual harm Residents Affected - Few FORM CMS-2567 (02/99) Previous Versions Obsolete got a new oxygen tank and returned to the doctor's office. CNA A said the doctor's office called an ambulance due to Resident #1 being short of breath and she was transported to the emergency room. CNA A said it was the nurse's responsibility to inspect oxygen tanks and replace the tanks if they are low or empty. During an interview on 10/8/25 at 8:45 a.m., the ADM said on 10/1/25 it was reported to him that Resident #1 was transported to a doctor's appointment with an empty oxygen tank. ADM said it was the nurse's responsibility to ensure oxygen tanks were full prior to a resident leaving the facility. ADM said the DON was actively working on improving the system of checking oxygen tanks to include the transportation driver in the process.During an interview on 10/8/25 at 9:00 a.m., the DON said it was the charge nurse's responsibility to ensure residents leaving the unit had a full oxygen tank. The DON said LVN B reported she checked Resident #1's oxygen tank prior to her leaving the facility and noted it to be full. The DON said she was working on improving the system of checking oxygen tanks to include the transportation driver checking before leaving the facility and again upon arriving at the destination. The DON said she also printed and hung new, brightly colored, signs denoting empty oxygen tank storage from full oxygen tank storage. The DON said nursing staff had reported intermittently seeing a red light on the oxygen refilling station and oxygen tanks were not being filled. The DON said she tested the oxygen tank filling station on 10/1/25 and it functioned properly, but she had it replaced on 10/1/25 with a new unit to be safe.During a telephone interview on 10/8/25 at 10:45 a.m., LVN B said the day of Resident #1's appointment she swapped out her oxygen tank with a full tank at approximately 8:00 a.m., after breakfast. LVN B said she checked Resident #1's oxygen tank again just prior to her leaving the facility and noted it was still full. LVN B said the oxygen refilling station had been malfunctioning and oxygen tanks were showing to be full when they were not. LVN B said the facility had a service technician out recently to repair/replace the oxygen filling station. During an interview on 10/8/25 at 10:55 a.m., LVN C said she was not aware of any problems with the oxygen filling station. LVN C said it was the charge nurse's responsibility to ensure residents leaving the facility had an adequate supply of oxygen.During an interview on 10/8/25 at 11:00 a.m., RN D said the oxygen filling station had been intermittently displaying a red light and failing to fill oxygen tanks. RN D said the tanks never showed to be full; they were not refilling at all. RN D said the oxygen refilling unit was replaced on 10/1/25. RN D said it was the unit nurse's responsibility to ensure residents leaving the facility had a full oxygen tank.Review of an undated appointment reminder from an oncology office indicated Resident #1 had an appointment on 10/1/25 at 9:50 a.m.Review of a hospital Discharge summary dated [DATE] at 10:53 a.m. indicated Resident #1 was admitted on [DATE] from a doctor's office after her RP noticed her oxygen tank was empty. Resident #1's chest x-ray showed moderate bilateral pleural effusion (fluid in the space between lungs and chest well) with adjacent atelectasis/consolidation (partial collapse of lung tissue). Resident #1 was discharged back to the facility on [DATE] with new orders for breathing treatments daily and an oral antibiotic. Review of facility policy titled Oxygen Administration dated February 2025 indicated .Adjust the oxygen delivery device so that it is comfortable for the resident and the proper flow of oxygen is being administered. Event ID: Facility ID: 675998 If continuation sheet Page 2 of 2

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Citations

1 citation recorded*CMS

What do CMS severity letters mean?

Serious (G-L). Actual harm to a resident, or immediate jeopardy. Codes G through I indicate actual harm; J through L indicate immediate jeopardy to resident health or safety.

General (A-F). No actual harm found, or harm that is minimal. The facility must still submit a Plan of Correction. Most CMS citations land here.

Each letter combines severity with scope: how many residents the deficiency affected.

  • 0695SeriousS&S Gactual harm

    F695 - Respiratory care, including tracheostomy care and tracheal suctioning

    Provide safe and appropriate respiratory care for a resident when needed.

FAQ · About this visit

Common questions about this visit

What happened during the October 8, 2025 survey of LEGACY AT TOWN CREEK?

This was a inspection survey of LEGACY AT TOWN CREEK on October 8, 2025. The surveyor cited 1 deficiency, recorded on the federal Form 2567 statement of deficiencies.

Were any deficiencies cited at LEGACY AT TOWN CREEK on October 8, 2025?

Yes, 1 deficiency was cited, each with a CMS Scope and Severity grade. The first was: "Provide safe and appropriate respiratory care for a resident when needed."

What type of survey was this?

This was a inspection survey conducted by state surveyors under federal Centers for Medicare & Medicaid Services (CMS) oversight. Findings are published on CMS Care Compare.

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Data from CMS Care Compare public records. Dataset last refreshed . If you believe any information is inaccurate, report it here.