F 0803
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Ensure menus must meet the nutritional needs of residents, be prepared in advance, be followed, be
updated, be reviewed by dietician, and meet the needs of the resident.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review the facility failed to ensure menus and nutritional adequacy met
the nutritional needs of residents in accordance with established national guidelines for 2 of 2 observed
meals reviewed for meal accuracy.
The facility failed to ensure there was 7 days' worth of food available from 07/31/2024 through 08/06/2024
to prepare and serve their planned and/or alternate menu on 08/06/2024 for lunch and dinner.
This deficient practice could place residents at increased risk for inadequate nutrition .
Findings include:
During an observation on 08/06/2024 at 08:56 AM, in the facility's only kitchen, revealed the following:
-Chicken-10-pound bag, 4.86 pounds in the freezer
-Ground beef-50 patty, 3.2 oz beef in the freezer, 2-10 pounds beef
-1 bag of pasta on the shelf and pasta in the tub.
-Chicken on the counter preparing to cook.
There were no Emergency food supplies in the kitchen, no potatoes, no beef/meat, no cheese and no fruits,
etc .
During confidential interviews revealed the facility's menus rarely matched what was served. Confidential
interviewee stated they rarely ate from the facility's kitchen because they didn't like what was cooked and
food was not prepared according to the menu.
During an interview on 08/06/2024 at 10:05 AM, the [NAME] stated sometimes the menu was changed due
to food not being available. She stated she got approval from the DS to cook what was available. She stated
she was cooking chicken and dressing for lunch on 08/06/2024, that was not on the menu for the day, but
the DS said to cook it. She also stated there were alternate meals like chicken tenders, ham and cheese
sandwiches and baked potatoes but there were no potatoes, ham and cheese or chicken tenders available
in the facility at the time.
(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:
676044
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
676044
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Magnolia
1105 N Magnolia
Luling, TX 78648
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 0803
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
During an interview on 08/06/2024 at 10:39 AM the Dietary supervisor (DS) stated the facility only had food
available for lunch, dinner, and lunch the next day. The DS stated she had to substitute her menus in the
last week from 08/01/2024 through 08/06/2024 due to food and ingredients not being available or residents
dislikes. She also stated the facility was supposed to have 7 days' worth of food. She stated she usually
ordered on Tuesdays and deliveries were done on Wednesdays. The DS stated her orders for last
Wednesday, 07/31/2024 was not approved by Corporate because July had 5 Wednesdays, and her budget
had exceeded the month for the month of July. She stated she was going to the store daily or more than
once a day to purchase food to cook. She stated the Administrator was made aware Corporate did not
approve the food order. She stated the Administrator gave her personal credit card to use daily. The DS
stated she did not discuss with the RD before substituting the menu for the week.
During an interview on 08/06/2024 at 12:18 PM the Administrator (ADM) stated she was made aware by
the DS that corporate did not approve the food order on 07/31/2024. The ADM stated she gave the DS her
credit card to use and purchase food. The ADM stated as of Wednesday 7/31/2024 the facility had 5 days'
worth of food. The ADM stated the facility was supposed to have 7 days' worth of food available in case of
emergency. The ADM stated Corporate was not made aware the facility had only 1 day worth of food
available until the State Surveyors started to ask. The ADM also stated the DS was supposed to purchase
food from the local grocery store on 08/05/2024 but she didn't. The ADM stated the facility did not have
emergency food supplies for sheltering in place or evacuations. The administrator provided a list of food for
emergency .
Interview attempts made to call the RD on 08/06/2024 at about 4:54 PM and 4:57 PM but were
unsuccessful
During an interview on 08/07/2024 at 09:33 AM, the RD stated her last visit in the facility was about
07/24/2024. She stated she was not contacted by the DS regarding changes made to the menu in the last
week. She stated she was contacted last night (08/07/2024) regarding changes for breakfast and lunch on
08/07/2024. The RD stated she told the DS to contact her regarding changes to the menu so she (RD)
could sign off on the changes. The RD stated she coached the DS to replace protein for protein, starch for
starch and vegetables for vegetable. The RD stated the facility had a liberalized style diet to enable the
residents to make decisions to control their meals, more homelike.
During an interview on 08/07/2024 at 1:49 PM, [NAME] #2 stated during the last week it had been had to
cook due to food not being available. She stated she asked the DS what she was cooking because there
was nothing available in the kitchen. She stated it was hard to follow the posted menus because there was
no food supply, they had to cook based on what was available in the kitchen. She stated on some days the
DS had to go to the local store to get food supplies and juices to be able to feed the residents. She stated
the residents complained all the time stating they cook the same food all the time. She stated it made the
job harder when the supplies were not available .
Record review of the facility's Menu substation form reflected the following changes were made and not
signed off by the RD:
08/01/2024 the entire dinner meal was substituted with chop steak with gravy, noodle, broccoli due to
residents' dislikes.
Record review of facility's invoices for food for the last 60 days reflected food was delivered on the following
dates:
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
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
676044
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Magnolia
1105 N Magnolia
Luling, TX 78648
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 0803
Level of Harm - Minimal harm
or potential for actual harm
06/05/2024, 06/12/2024, 06/19/2024, 06/26/2024, 07/03/2024, 07/10/2024, 07/17/2024, 07/24/2024. No
delivery was made 07/31/2024.
08/02/2024 the entire lunch meal was substituted with shrimp, Mac and cheese veggie with no reason for
substitution.
Residents Affected - Many
08/02/2024 the entire dinner meal was substituted with Enchiladas, rice and salad due to residents dislikes.
08/03/2024 the entire lunch meal of was substituted with chili beans, veggies, and corn bread due to being
out of sausages.
08/04/2024 the entire lunch meal of was substituted with fried chicken, mashed potatoes, and veggies due
to residents dislikes.
08/05/2024 the entire lunch meal of was substituted with carne guisada , salad, rice due to being out of
chicken.
08/06/2024 the entire lunch meal of was substituted with chicken and dressing, veggies, and cake due to
being out of beef.
08/06/2024 the entire dinner meal of was substituted with spaghetti, mixed veggies and pudding due to
being out of ribs.
Record review of the facility's menu for a 4-week period reflected the following:
Week #1- Friday 08/01/2024 dinner menu- Homemade Chicken Pot Pie Breaded Okra, Iced Chocolate
Brownie Bread Slice/Margarine, Milk, Beverage of Choice, Water
Week #1- Saturday 08/02/2024 lunch meal - Sausage Cuts, Blackeye Peas, seasoned Cabbage
Cornbread/Margarine Butterscotch Pudding, Beverage of Choice, Water
Week #1- Saturday 08/02/2024 Dinner meal - Beef Taco Salad with Shredded Com Nuggets,
Tortilla/Margarine, Frosted Cake, Milk, Beverage of Choice, Water
Week #2 - Sunday 08/03/3034 lunch meal - Turkey Pot Roast, Gravy, Baked potatoes, sour cream and
shredded cheese, glazed carrots, dinner roll/Margarine, beverage of choice, water
Week #2 - Monday 08/04/2024 lunch meal - Fried Chicken, broccoli [NAME] & Cheese, Italian [NAME]
Beans, Strawberry Mousse, beverage of choice, water
Week #2 - Tuesday 08/05/2024 lunch meal - Meatloaf with Tomato Sauce, Scalloped Potatoes, [NAME]
Peas with Sauteed Onions, Bread Slice/Margarine, Peaches & Bananas, Beverage of Choice, Water
Week #2 - Wednesday 08/06/2024 lunch meal - Beef & Bean Burrito w/ Cheese & Sour Cream, Mexican
Corn, Cilantro-Lime Coleslaw, Frosted Cake, Beverage of Choice, Water
Week #2 - Wednesday 08/06/2024 Dinner meal - Ritz Chicken Bake, Seasoned Rice, Broccoli Florets,
Dinner Roll/Margarine, Summer Fruit Cup, Milk, Beverage of Choice, Water
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
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
676044
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Magnolia
1105 N Magnolia
Luling, TX 78648
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 0803
Record review of the facility's alternate menu for 08/06/2024 reflected the following:
Level of Harm - Minimal harm
or potential for actual harm
House salad, soup of choice, cheese quesadilla, loaded bake potatoes, pancakes and syrup)
Record review of the facility's emergency food checklist, dated March 2021, reflected the following:
Residents Affected - Many
Canned luncheon meats, Tuna, Canned ham and chicken, Cold cereals, Beverage drink, instant, Canned
fruit juice, Powdered milk, Peanut butter, Jelly, [NAME] crackers/vanilla wafers Canned Fruit, Soup, Chili,
Oatmeal, Biscuit Mix, Mayonnaise/Mustard, Special Snacks/Supplements, Crackers, Bread, Baby food
(pureed diets) Canned Ravioli/Spaghetti Canned Vegetables Potatoes (flakes), Gravy Mix, Powdered
thickener .
Record review of the document provided by facility's ADM regarding food regulations reflected the following:
Texas Administrative Code Title 26 Part I Chapter 554 Subchapter L Rule §554.1107; Health and
Human Services
Health And Human Services Commission Nursing Facility Requirements For [NAME] Censure And
Medicaid Certification Food And Nutrition Services Menus, Nutritional Adequacy and Meal Service
a)
Menus must:
(1)
meet the nutritional needs of residents in accordance with established national guidelines.
(2)
be prepared at least one week in advance.
(3)
be written for each type of diet ordered in the facility, in accordance with the facility's diet manual;
(4)
be written or completely evaluated for nutritional adequacy by the facility's qualified dietitian;
(5)
vary from week to week, taking the general age-group of residents into consideration.
(6)
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
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
676044
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/07/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Magnolia
1105 N Magnolia
Luling, TX 78648
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 0803
be followed unless substitutions are documented as required in subsection (d) of this section;
Level of Harm - Minimal harm
or potential for actual harm
(7)
Residents Affected - Many
reflect, based on a facility's reasonable effort, the religious, cultural, and ethnic needs of the resident
population, as well as input received from residents and resident groups; and
(c)
The facility must ensure that a current diet manual, approved by the qualified dietitian, is readily available to
dietary service personnel and the supervisor of nursing service. To be current, the diet manual must be no
more than five years old.
(d)
The facility must retain records of menus served, including substitutions, and food purchased for 30 days. A
list of residents receiving special diets and a record of their diets must be kept in the dietary area for at
least 30 ·days.
(e)
The facility must post the current week's menu:
(f)
The dietary department must keep a seven-day supply of staple foods and a two-day supply of perishable
foods at all times. The facility is allowed the flexibility to use food on hand to make substitutions at any
interval as long as comparable nutritional value is maintained. Any substitution of menu items must be
recorded on the day of use.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 5 of 5