F 0573
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Let each resident or the resident's legal representative access or purchase copies of all the resident's
records.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to allow residents to obtain a copy of the records or any
portions thereof upon request and 2 working days advance notice to the family for 1 of 1 (Resident #1)
residents reviewed for the right to access copies of records.
The facility failed to provide medical records for Resident #1 to her attorney within two working days of a
request on 07/31/2024.
This failure could place residents at risk by causing a negative health impact due to not having continuity of
care.
Findings included:
Record review of a face sheet dated 9/16/2024 indicated Resident #1 was an [AGE] year-old female who
admitted on [DATE] and readmitted on [DATE] with the diagnoses of paroxysmal atrial fibrillation (irregular
often rapid heart rate that causes poor blood flow), dementia with behavioral disturbance (impaired
concentration, apathy, anxiety, and agitation), and asthma (cough, wheeze, shortness of breath and chest
tightness).
Record review of a the annual comprehensive MDS dated [DATE] indicated Resident #1 was usually
understood, and usually understood others. The MDS indicated Resident #1's BIMS was a 12 indicating
moderate cognitive impairment.
Record review of a discharge MDS dated [DATE] indicated Resident #1 discharged from the facility and
return was not anticipated.
Record review of a certified mail receipt dated 7/31/2024 indicated the facility's Receptionist signed a
receipt of a medical records request from a law firm regarding Resident #1.
Record review of a formal letter records request for Resident #1's attorney dated 7/29/2024 indicated,
enclosed please find an authorization for the release of protected health information. Please provide
[Resident #1's] records electronically within 48 hours of receiving this notice. The formal request also
included a signed release form from the power of attorney.
During an interview on 9/16/2024 at 11:33 a.m., HR said she had worked at the facility for 3 years. She said
on 7/31/2024 the Receptionist for the facility had signed for the medical records request via certified mail ,
and then put it in the mail area on the counter in the front office. She said
(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:
676025
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
676025
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/17/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Autumn Leaves Nursing and Rehab Inc
321 Kilgore Drive
Henderson, TX 75652
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 0573
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
on 7/31/2024 she had gone through the mail and saw the request and it did not look like a typical medical
records request; it had looked like a subpoena. She said she had contacted corporate HR to see how the
request should have been handled. She said corporate advised her that the previous owner was
responsible for those records. She said Resident #1 was not a resident of the current owner of the building
and had discharged from the facility prior to the current owner taking over ownership of the facility on
12/1/2022. She said she had contacted the Previous Owner who then came and picked up the certified mail
medical records request on 8/2/2024. She said to her knowledge the facility had not received any other
correspondence from the law firm. She said the facility did not send any medical records to the law firm.
During an interview on 9/16/2024 at 1:31 p.m., the Paralegal indicated the firm had requested medical
records on July 29, 2024, and the facility had signed a certified mail receipt on 7/31/2024. The Paralegal
said they had not received any medical records since the request was made. The Paralegal said the firm
had received a phone call on 8/02/2024 at 4:02 PM from an Attorney Friend of the previous owner of the
facility. The Attorney Friend indicated he was not representing the Previous Owner but was trying to help as
a friend. The Attorney Friend indicated the Previous Owner was not ignoring the request for medical
records, but it may take longer than the 48 hours requested in the letter.
During an interview on 9/16/2024 at 2:19 p.m., the Administrator said when a request was received the
request was sent to the corporate level for processing. The Administrator said when there was a delay in
sending the medical records there could be a delay of a resolution.
During an attempted interview on 9/17/2024 at 2:39 p.m. the Surveyor called and left a voicemail for the
Previous Owner. The Surveyor had not received a return call by the time of exit.
During an interview on 9/18/2024 at 8:39 a.m. after exit, the Surveyor received a return call from the
Previous Owner who said that she had received a notice from the facility of the medical records request.
She said on 8/02/2024 she went to the facility and picked up the medical records request. She said she
called an Attorney Friend of hers who then reached out to the law firm that was requesting the records and
let them know the request had been received. She said she had not contracted the services of the Attorney
Friend, but the Attorney Friend was trying to help her and advised her not to send any records to the law
firm. She said the Attorney Friend advised her to notify her insurance company and to let them handle the
situation. She said she was advised from the insurance company to just wait and see what happens due to
the statute of limitations would run out on 11/30/2024. She said she had not sent any of the requested
records to the law firm as of 9/18/2024. She said she could send the requested medical records by the end
of the day on 9/18/2024 if the law firm still needed them. She said she had never been sued before and was
not sure how to handle the situation but said the facility did the right thing by reaching out to her for the
medical records. She said she did not contact the law firm to advise them that she was the previous owner
and that she had the requested medical records.
Record review of an Record Requests policy, undated, revealed:
Residents or their authorized legal representatives have the right to access and obtain copies of their
records.
* Upon the request and two working days' advance notice to the community, the resident or their authorized
legal representative per state requirements has the right to purchase photocopies of the records or any
portions therein. The community requires a written request for copies as a cost per
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676025
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
676025
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/17/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Autumn Leaves Nursing and Rehab Inc
321 Kilgore Drive
Henderson, TX 75652
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 0573
state copy fees may apply.
Level of Harm - Minimal harm
or potential for actual harm
1. The community will notify the company medical records oversight designee, the Administrator and DON
of the request, to review the legal right to access and approval prior to the release of any clinical records.
Residents Affected - Few
6. If the request is accepted and is for a copy of records, a bill for copying services may be sent. The
records will then be provided to the resident .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676025
If continuation sheet
Page 3 of 3