F 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Ensure each resident receives and the facility provides food prepared in a form designed to meet individual
needs.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews and record reviews the facility failed to ensure food was prepared in a form designed to meet
individual needs for 1 of 5 residents (Resident #1) reviewed for dietary services.
Residents Affected - Few
The facility failed to follow Resident #1's altered diet when CS A gave Resident #1 a peanut butter
sandwich on 08/15/2024. Resident #1 expired on 08/15/2024.
An Immediate Jeopardy (IJ) situation was identified on 08/28/2024. While the IJ was removed on
08/29/2024, the facility remained out of compliance at no actual harm with potential for more than minimal
harm that is not immediate jeopardy, due to the facility's need to evaluate the effectiveness of the corrective
systems.
This failure could place residents at risk of not receiving their proper diet to meet their individual needs, that
can cause serious injury, hospitalization, or death.
Findings Include:
Record review of Resident #1's face sheet, dated 08/28/2024, reflected a [AGE] year-old-male, with a
current admit date of 09/19/2014, a latest return admit date of 09/24/2021, and a discharge date of
08/15/2024. Resident #1's status was expired. Resident #1's had diagnoses which included lack of
coordination, rheumatoid arthritis (autoimmune disorder that primarily affects joints), muscle wasting,
paranoid schizophrenia (delusions of paranoia), dysphagia-oropharyngeal phase (swallowing
disorder-disruption or delay in swallowing), cognitive communication deficit (challenges is communication
that have underlying cause in cognitive deficit), unspecified dementia (syndrome associated with many
neurodegenerative diseases, decline in cognition that affects the ability to perform everyday activities), and
anxiety (panic disorder or phobias).
Record review of Resident #1's Annual MDS (Minimum Data Set), dated 06/06/2024, reflected a BIMS
summary score of 03, indicated a severely impaired cognitive skills for daily decision-making. Resident #1's
speech clarity was a 1, which indicated unclear speech-slurred or mumbled words, and ability to
understand others was a 2, which indicated sometimes understood-responded adequately to simple, direct
communication only. Resident #1's was on a mechanically altered diet. Section GG-Functional Abilities and
Goals reflected a score of 03 for Eating, which indicated Partial/Moderate assistance. Section I-Active
Diagnoses reflected a code of 7, which indicated Other Neurological Conditions. Section
K-Swallowing/Nutritional Status, K0520 reflected Mechanically altered diet-require change in texture of food
or liquids, e.g., pureed food, thickened liquids.
(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 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Record review of Resident #1's, undated, orders reflected an order description, mech (Mechanical) soft/thin
liquids-fortified foods with meals, scoop/divided plate, foam cover for built up utensils all meals, and with
special instructions, large portions at mealtime, no bread i.e. (that is) cakes, pancakes, sandwiches, rolls,
biscuits, close supervision, with a start date: 04/29/2024 and an end date: Open Ended, DC 08/15/2024
reason is discharged .
Residents Affected - Few
Record review of Resident #1's, undated, care plan, reflected:
Problem start date 06/30/2022, category is ADLs Functional Status/Rehabilitation Potential, Resident
(Resident #1) is slightly limited in ability to eat and drink AEB self-feeding (self-feeding), required
setup/cues at times, goal is Resident (Resident #1) will eat 75-100% of meals and maintain hydration
independently /with supervision/help, with an approach:
- monitor and record intake of food/fluids and provide setup/supervision assistance during eating and
drinking, disciplines responsible activities, CNA, Nursing.
Problem, start date 04/01/2022, category is Nutritional Status, Potential for weight loss R/T : dysphasia
(swallowing disorder) goal is nutritional status will be maintained AEB (As Evidenced By) no weight loss
within 3 lbs of current weight over next 90 days, with an approach:
- Serve diet per order, disciplines responsible Nursing
Problem, start date 05/20/2021, category is Nutritional Status, high risk of aspiration (when something you
swallow enters your airway or lungs), nutritional impairment and complications due to dysphasia
(swallowing disorder), goal is (Resident #1) will remain free of aspiration, significant weight loss, s/sx, injury
or complications related to dysphagia, with approaches:
- Assess/record report to MD prn s/sx of aspiration or complications: choking/strangling on liquids,
coughing during or after meals, respiratory difficulty or distress, fever, tachypnea (rapid shallow breathing),
wheezes/crackles in lung field, and watery eyes, disciplines responsible Nursing.
- Ensure resident is eating slowly and notify nurse ASAP if choking. Maintain upright position for 1 hour
after eating, when possible, to reduce aspiration risk, disciplines responsible activities, CMA, CNA, dietary,
Nursing.
- Ensure that snacks and beverages offered at activities comply with diet and fluid consistency restrictions,
disciplines responsible activities, CMA, CNA, dietary, Nursing.
- serve diet as ordered, disciplines responsible activities, CMA, CNA, dietary, Nursing.
Problem, start date 04/27/2024, category is Nutritional status, Resident (Resident #1) requires a
mechanically altered diet, goal is Resident (Resident #1) will maintain current body weight of Blank pounds,
with approaches:
- Encourage oral intake of foods and fluids, disciplines responsible Nursing.
- Monitor need to advance diet consistency, disciplines responsible Nursing.
Record review of Resident #1's, undated, Meal Ticket reflected Diet: Regular, Texture: mechanical
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 2 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
soft, Other: large portions with meals, no bread cakes rolls biscuits, close supervision, Adap Equip Deep
Divided Plate; Built up Spoon; Liq Consist thin.
Record review of Resident #1's progress note, created and signed by LVN A, dated and timed 08/15/2024
at 08:38 PM, reflected. at approximately 6:20 PM called to secure unit per CNA About resident possibly
choking this nurse immediate to dining room and noted resident on floor laying supine (on back) lips blue
no respirations or pulse noted sternum rub performed resident gasped another nurse started the Heimlich
some spit up food came from residents (Resident #1) mouth did gasp a few more breaths mouth swipe
done and nothing noted still without pulse or respirations 911 was called at beginning of finding resident
and in facility resident asystole (heart's electrical system fail causing heart to stop pumping, otherwise
known as flat-line or flat-lining) noted on monitor RN DON pronounced at 1847 [06:47 p.m.] Family notified
and thankful and stated Funeral Home is where he [Resident #1] is going called Cremation Provider due to
they own postmortem care was provided and body released at 2015 [08:15 p.m.].
Interview on 08/28/2024 at 11:38 a.m., the ADON stated she worked on 08/15/2024 and was scheduled to
be off at 06:00 p.m., although she had to stay because a nurse was coming in late. The ADON was in the
middle of giving a report, then she overheard LVN A initially asking to prepare for a crash cart, the ADON
obtained the crash cart, went to the locked unit, and observed it was Resident #1. The ADON stated
Resident #1 was a DNR, the crash cart not used. The ADON recalled observed LVN A performed a sternal
rub (method used when testing an unconscious person's responsiveness). The ADON stated she
performed the Heimlich Maneuver as a precaution, due to possible choking. The ADON stated during the
Heimlich maneuver (used to treat choking by foreign objects) she could not confirm if food was dislodged
as she was behind Resident #1. The ADON stated during the commotion, staff was instructed to call EMS.
The ADON stated she could not confirm the exact diet of Resident #1 during interview, but she was aware it
was altered. The ADON stated when EMS arrived, they pronounced Resident #1 expired, and recalled
there were no concerns brought to her attention by EMS.
Interview on 08/28/2024 at 11:59 p.m., CS A stated she worked the night shift from 06:00 a.m. to 06:00
p.m., CS A stated she worked on 08/15/2024 and worked in the unit where Resident #1 resided. CS A
stated Resident #1 was in distress, and went to get a nurse, CS A could not recall the nurse she got. CS A
arrived back to the unit, and LVN A was present, CS A was instructed to call EMS and did. CS A stated
during the commotion other staff arrived, unable to recall other staff, she attempted to assure other
residents were watched during the incident. The CS A stated prior to the incident, during that time it was
snack time for residents, I gave a snack to Resident #1, I [CS A] gave him a sandwich that day
[08/15/2024], it was a peanut butter sandwich, Resident #1 liked his sandwiches. CS A knew Resident #1's
dietary orders CS A stated, At the time, I didn't know what kind of diet he is on, I do now, I think it was soft
or something, I [CS A] worked here for two plus years, most of the time that's what we fed Resident #1, I
am part of the evening crew, I don't get in on the meals. CS A stated, yes I think its dangerous for anyone if
they don't get the proper diet order. When asked where she obtained the sandwich and the details of when,
CS A stated, sandwiches are pre-made by dietary staff, sandwiches are kept at front nurses' station
[outside of the unit], they are together on a tray, and we take them to the residents when they want a snack.
Interview on 08/28/2024 at 12:19 p.m., the DM stated meal tickets were important for staff to follow. The DM
stated for mechanical soft diets, food was placed in a food processor and pulsed to have a chopped and
soft texture. The DM stated Resident #1 had a mechanical soft diet, with no breads at all. The DM stated
therapy recommended this diet because Resident #1 could not swallow properly, and he could choke. The
DM stated at night the facility prepared snacks that included sandwiches,
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 3 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
pudding for altered diets, and sometimes fruits. The DM stated Resident #1 should have gotten pudding for
his snacks, and it would be dangerous for Resident #1 to eat bread. The DM stated breakfast, lunch, and
dinner had meal tickets on food trays that were reviewed before passing it out to residents. The DM stated
staff were knowledgeable because they were trained on dietary orders.
Interview on 08/28/2024 at 12:31 p.m., the SLP stated she was also the Director of Rehabilitation, the SLP
stated Resident #1 was on and off for rehabilitation services because he had difficulty self-feeding, toileting,
sitting in an up-right position during meals times, his posture was poor, and he would hunch over. The SLP
stated we would have therapy for Resident #1 with goals to correct his posture and sit up-right during
meals, Resident #1 needed one on one interaction and constant redirection, he was very much
non-compliant and ignored his therapy, but we kept trying to help him. The SLP stated Resident #1's
cognition was poor. The SLP stated Resident #1's diet order was a mechanical soft diet with close
supervision, with no breads or cakes. The SLP stated if Resident #1 had any bread, it was a dense
material. The SLP described Resident #1 during therapy sessions, Resident #1 would tend to overstuff his
mouth and continue to eat large portions and Resident #1 could not swallow the portions, she noticed
Resident #1 would store the food on his inside cheek, and stated to staff he had swallowed the food,
although when the SLP would check his mouth the SLP would see the food inside his mouth, inside his
cheeks. The SLP added the training consisted of having Resident #1 learn how to eat smaller portions and
learn how to swallow those portions, as the staff were hoping he could return to a full diet. The SLP stated
his course was up and down, Resident #1 would have some advancements in therapy then he would
decline from them. The SLP stated Resident #1 was not supposed to have dense, dry food, like cornbread.
The SLP stated she communicated the needs for residents by communication forms, which informed the
dietician, dietary aides, nursing, and she educated staff from different shifts. The SLP stated Resident #1's
order was placed to reduce the risk of choking, if Resident #1 was left unsupervised and because his large
intakes he had a high risk of choking on a peanut butter sandwich.
Interview on 08/28/2024 at 01:31 p.m., the DON stated she worked on 08/15/2024 during the day, although
she came back as she was informed Resident #1 expired. The DON stated she was informed Resident #1
was reading his bible in the dining area in the locked unit as this was his routine, and nurses were informed
of Resident #1's condition and responded. The DON stated Resident #1 was on a mechanical soft diet. The
DON stated the process of informing staff of diet orders was that nurses received a communication on
orders, nurses would communicate with the CNAs, the orders were placed in EHR, it would transfer to the
POC system, and CNAs could access care plans and orders in the tablets available. The DON stated the
POC tablet in the locked unit was not working now, and in the process of getting that corrected. The DON
stated she had not personally seen Resident #1 eat sandwiches, staff were educated, and all meals served
during breakfast, lunch and dinner had meal tickets that were reviewed by nursing before trays were
distributed. The DON stated she would agree Resident #1 would need a pudding or shake as a snack, not a
peanut butter sandwich. The DON stated for the night shift, snacks were delivered by dietary staff to the
front nurses' station (outside of the locked unit), staff would then be able to pick snacks on resident's needs.
The DON's expectation was Resident #1 should have received a snack that met his orders, like a shake or
pudding, and close supervision with meals would be always within eyesight.
Interview on 08/28/2024 at 02:38 p.m., LVN A stated she worked the 06:00 p.m. to 06:00 a.m. shift, and
further stated she worked the locked unit on 08/15/2024 and entered the building at approximately 06:00
p.m. LVN A recalled that evening on 08/15/2024, and stated at the start of her shift she received reports
and reviewed them, a minute later CS A informed her Resident #1 did not look good and was possibly
choking, he was on the floor
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 4 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
blue and was observed with no respirations. LVN A performed a sternum rub, the crash cart was brought by
the ADON but was not used as Resident #1 was a DNR. LVN A stated the ADON performed the Heimlich
maneuver and a little spit came out. LVN A stated she performed a swipe method to Resident #1's mouth
and noticed no food or and dislodged food. LVN A stated she did not believe there was any food in the
premises, dinner was usually served at 05:00 p.m., and the dining area in the locked unit had already been
cleaned, LVN A stated there were no signs of wrappers, sandwich wrappers, or indications of snacks. LVN
A stated when she entered the building, snacks were not served yet, she did not see any at the front
nurses' station, and snacks were passed around 08:00 p.m. When asked about the progress note she
created and signed, LVN A stated, I did document what I saw, but I did not see actual food, I should have
been more descriptive like writing the items I saw as particles or maybe I should have described it as green
small pieces, in all happened so quickly.
Interview on 08/28/2024 at 04:39 p.m., the ADM stated she was called that evening on 08/15/2024 and was
informed Resident #1 expired due to a heart attack, and EMS stated on the report Resident #1 asystole
(heart's electrical system fail causing heart to stop pumping, otherwise known as flat-line or flat-lining). The
ADM stated she called the local EMS and asked for a report and was informed by local EMS since
Resident #1 was not transferred to a hospital or another provider, there was no report. The ADM stated that
residents, which included Resident #1, had dinner around 5 p.m. and snacks typically come out at 7 p.m.
The ADM stated, when I called CS A to ask if she gave [Resident #1] a sandwich that night, [CS A] said no
he [Resident #1] didn't get a sandwich, then she [CS A] later said yes I did give him [Resident #1] a
sandwich, then later changed her [CS A] answer to no I didn't give him [Resident #1] a sandwich.
On 08/28/2024 at 04:56 p.m., attempt made to contact the local EMS, no findings at this time as local EMS
had not made any return calls.
Interview on 08/29/2024 at 05:46 p.m., the RD stated there was a nutritional assessment completed around
04/2024, with orders in detail, and further stated, [Resident #1] has no bread, although I do not know if his
orders were updated because I know that this particular resident (Resident #1) was not eating and all he
wanted was a peanut butter and jelly sandwich, this is okay just as long as there is a one to one person
sitting with him (Resident #1) while he eats, although that was just a conversation, to my understanding the
last RD that is familiar with him (Resident #1) is on leave, from what I understand SLP allowed him to have
sandwiches but with one on one supervision with small bites. The RD stated, if he (Resident #1) is on a
mechanical soft diet there would more than likely be a choking.
Record review of the facility's Food and Nutrition Services Policy, revised October 2017, reflected a Policy
statement that Each resident is provided with nourishing, palatable, well-balanced diet that meets his or her
daily nutritional and special dietary needs, taking into consideration the preference of each resident.
7.
Food and nutrition services staff will inspect food trays to ensure that the correct meal is provided to each
resident, the food appear palatable and attractive, and it is served at a safe and appetizing temperature.
a.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 5 of 10
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
08/29/2024
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 0805
If an incorrect meal is provided to a resident, or a meal does not appear palatable, nursing staff will report it
to the food service manager so that a new food tray can be issued.
Level of Harm - Immediate
jeopardy to resident health or
safety
b.
Residents Affected - Few
Foods that are left without a source of heat (for hot foods) or refrigeration (for cold foods) longer than 2
hours will be discarded.
This was determined to be an Immediate Jeopardy (IJ) on 08/28/2024 at 05:09 p.m. The Administrator was
notified. The Administrator was provided with the IJ template on 08/28/2024 at 6:26 p.m.
The following Plan of Removal submitted by the facility was accepted on 08/29/2024 at 4:09 p.m.:
Plan of Removal
Immediate Jeopardy
On 08/28/2024, an abbreviated survey was initiated the Facility. On 08/28/2024, at 6:30 PM, the surveyor
provided an Immediate Jeopardy (IJ) Template notification that the Regulatory Services has determined
that the condition at the facility constitutes an immediate jeopardy to resident health and safety.
The notification of Immediate Jeopardy states as follows: The facility failed to provide Food prepared in a
form designed to meet individual needs for Resident #1, who was provided a peanut butter and jelly
sandwich and choked/passed away.
ACTIONS
Start Date: 8/28/2024.
Completion Date: 8/28/2024
Responsible: Administrator/Director of Nursing
Action: On 8/28/24, the regional nurse consultant, regional reimbursement consultant, the director of
nursing, and the MDS audited all Matrix EHR orders to validate that they matched the RD Dining Meal
ticket system and that they were on the Resident Profile so that the CNAs and other facility workers can
identify the diet that the resident is on and any precautions that are in place. Any concerns or discrepancies
were corrected immediately upon discovery. Snacks ordered for weight loss interventions were audited and
all were correct. The director of nursing/designee in-serviced facility staff on where to find the diet
information for a resident. Facility staff will receive the information before starting their next assigned shift.
Agency staff will receive the information before starting their assigned shift.
The CNA who fed the resident bread was individually re-educated by the administrator and the director of
nursing on 8/28/24 regarding following the resident diet and where to find diet information.
Start Date: 8/28/24
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 6 of 10
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
08/29/2024
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 0805
Completion Date: 8/29/24
Level of Harm - Immediate
jeopardy to resident health or
safety
Responsible: Administrator/Director of Nursing
Residents Affected - Few
Action: On 8/28/24, the regional nurse consultant in-serviced the administrator and the director of nursing
on new admissions to the facility and the process of entering the diet into the Matrix EHR and completion
on the Resident Profile. New admission orders will be reviewed the next morning in the Interdisciplinary
Team Meeting (IDT) and corrections made when needed. The RD Dining Meal Ticket system will also be
checked at that time to validate that everything matches. The MDS will then develop a care plan for any
dietary needs identified by day fourteen (14) or sooner, per the regulation.
The RD recommendations will be reviewed upon receiving by the director of nursing/designee for any diet
changes and new orders entered per the above processes. The Resident Profile and care plan will be
updated at that time. Any concerns will be discussed in the weekly Quality of Care meeting.
Speech therapy recommendations will be reviewed upon receiving by the director of nursing/designee for
any diet changes and new orders will be entered per the above processes. The Resident Profile and care
plan will be updated at that time. Any concerns will be discussed in the weekly Quality of Care meeting.
Start Date: 8/28/24
Completion Date: 8/28/24
Responsible: Administrator
Action: An Ad Hoc QAPI meeting was held with the facility medical director to discuss the deficiency and
actions put in place by the facility.
The administrator will monitor the new orders for diets from the RD or the Speech Therapist, weekly for one
(1) month and randomly thereafter by reviewing the facility activity report, actual food on meal trays, and
documenting findings on a log created by the facility. Any concerns or trends will be brought to the monthly
QAPI meeting for tracking and trending and new IDT recommendations.
Monitoring of the POR included the following:
Observation on 08/29/2024 from 03:22 p.m. to 05:19 p.m. revealed staff received in-service training from
regional staff, ADM, DON, on topics of where to find the diet information, how to pull up Resident Profile to
review-Diets-Diagnosis-Care Plans, the importance of following diet orders, and to check with charge nurse
prior to giving resident(s) an altered diet texture.
Interview on 08/29/2024 at 03:31 p.m., the ADM stated she was in-serviced on 08/28/2024, last night, by
the Regional Nurse Consultant on new admissions to the facility and the process of entering the diet into
the Matrix EHR and completion on the resident profile, also including topics of facility activity report review,
new admission orders reviewed every morning to assure diet was completed and entered in EHR, the MDS
coordinator would create dietary care plans or before day 14, the RD recommendations would be reviewed
upon receiving by the director of nursing/designee for any diet changes and new orders, new orders and
concerns would be review in the weekly quality care meeting by the DON, and the new processed would be
reviewed in the monthly QAPI meetings for three months. The ADM
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 7 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
stated staff were in-serviced on topics of where to find the diet information, and CS A was individually
re-educated and the DON on 8/28/24 regarding following the resident diet and where to find diet
information.
Interview on 08/29/2024 at 03:39 p.m., the DON stated the Regional Nurse Consultant in-serviced her the
evening of 08/28/2024 on new admissions to the facility and the process of entering the diet into the Matrix
EHR and completion on the Resident Profile. The DON stated all staff were in-serviced on topics of where
to find the diet information, and CS A was individually re-educated by her and the ADM last night
(08/28/2024) on topics of following the resident diet and where to find diet information in the POC tablets.
The DON stated other topics the regional consultant trained her on was the facility activity report review,
new admission orders reviewed every morning to assure diet was completed and entered in the EHR, the
MDS coordinator would create dietary care plans or before day 14, the RD recommendations would be
reviewed upon receiving by the director of nursing/designee for any diet changes and new orders, new
orders and concerns would be reviewed in the weekly quality care meeting by the DON, and the new
process would be reviewed in the monthly QAPI meetings for three months.
Observation and interview on 08/29/2024 at 04:49 p.m., RN A stated she was also the MDS Coordinator
and works the day shift, RN A stated she was in-serviced on topics of where to find the diet information,
how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the importance of following diet
orders, and to check with charge nurse prior to giving resident(s) an altered diet texture. RN A stated she
will create dietary care plans or before day 14. Observation of RN A revealed the use of the POC tablet to
obtain information on resident diet orders, also including care plans and orders.
Observation and interview on 08/29/2024 at 04:53 p.m., the ADON stated in-service training on topics of
where to find the diet information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the
importance of following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet
texture. ADON stated all staff were in-serviced on topics of where to find the diet information, and CS A was
individually re-educated by the DON and the ADM on (08/28/2024) on topics of following the resident diet
and where to find diet information in the POC tablets. Observation of ADON revealed the use of POC tablet
to obtain information on resident diet orders, also including care plans and orders. The ADON stated new
admissions to the facility and the process of entering the diet into the Matrix EHR and completion on the
Resident Profile. The ADON stated QAPI was conducted on the evening of 08/28/2024 to discuss the IJ
and plan of removal.
Interview on 08/29/2024 at 05:01 p.m., LVN B stated she works the day shift. LVN B stated she was
in-serviced on topics of where to find the diet information, how to pull up Resident Profile to
review-Diets-Diagnosis-Care Plans, the importance of following diet orders, and to check with charge nurse
prior to giving resident(s) an altered diet texture. LVN B further stated CNAs were instructed to come to
nursing if they had questions on dietary orders or any orders.
Observation on 08/29/2024 at 05:09 p.m., revealed dinner service, trays had meal tickets, nursing reviewed
meal tickets before distribution, and staff reviewed meal tickets before serving meals to residents.
Interview on 08/29/2024 at 05:11 p.m., CNA A stated she was in-serviced on topics of where to find the diet
information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the importance of
following diet orders, and to check with charge nurse prior to giving resident(s) an
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 8 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
altered diet texture. CNA A stated staff were further trained and instructed to monitor snacks they gave to
all residents to assure the proper diet order. CNA A stated and explained the process to confirm orders and
care plans, ADL needs with the use of POC tablet.
Observation and Interview on 08/29/2024 at 05:21 p.m., CMA A stated she was in-serviced on topics of
where to find the diet information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the
importance of following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet
texture. CMA A stated staff must always confirm all orders which included dietary orders. CMA A stated she
had access to POC on her medication cart as she used this for her duties in medication administration.
Observation of CMA A revealed the use of POC to obtain information on resident diet orders, also including
care plans and orders.
Observation on 08/29/2024 at 05:26 p.m., revealed dinner service in the locked unit, trays had meal tickets,
nursing reviewed meal tickets before distribution, and staff reviewed meal tickets before serving meals to
residents.
Phone interview on 08/29/2024 at 05:40 p.m., CS A stated in-service training on topics of where to find the
diet information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the importance of
following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet texture. CS A
stated she was re-trained on the use the facility's POC tablet, accessing diet orders, reviewing residents'
profile for diet order and other orders. CS A stated, I took the in-service last night (08/28/2024) before I
started, if I have any concerns, I am going to check with the nurse to confirm orders, and that I want to
avoid and prevent any choking or risks of resident eating fast because that is serious. CS A stated, I have
been schooled on the tablet and I am aware of the risks, I come in at the tail end of the shift after everything
is said and done, and we want to make sure residents get snacks and I know the risk of giving something
they aren't supposed to eat, a resident can choke and that is a very serious matter.
Phone interview on 08/29/2024 at 05:51 p.m., LVN A stated she works the night shift. LVN A was
in-serviced on topics of where to find the diet information, how to pull up Resident Profile to
review-Diets-Diagnosis-Care Plans, the importance of following diet orders, to check with charge nurse
prior to giving resident(s) an altered diet texture.
Phone Interview on 08/29/2024 at 05:56 p.m., CNA B stated in-service completed on topics of where to find
the diet information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the importance
of following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet texture.
CNA B observed the use of POC to obtain information on resident diet orders, also including care plans
and orders. CNA B stated she was aware of the risks of resident noncompliance of dietary orders, further
stating, if we don't follow orders, it is dangerous for residents this could be from choking to food allergies,
also I'm fully aware that I can always go to a nurse to confirm any orders or care for my residents.
Interview on 08/29/2024 at 05:58 p.m., NA A stated she was in-serviced on topics of where to find the diet
information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the importance of
following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet texture. NA A
stated. We must follow all orders, this is how we provide care for our residents, all orders, dietary,
everything, if we don't, we could cause harm to residents.
Interview on 08/29/2024 at 06:11 p.m., the DM stated she completed in-service training on topics of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 9 of 10
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
08/29/2024
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 0805
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
where to find the diet information, how to pull up Resident Profile to review-Diets-Diagnosis-Care Plans, the
importance of following diet orders, and to check with charge nurse prior to giving resident(s) an altered diet
texture, and there was a process of orders to confirm they matched the RD Dining Meal ticket system, and
they were on the Resident Profile.
Record review of in-services for ADM and DON on 08/28/2024 on topics of new admissions to the facility
and the process of entering the diet into the Matrix EHR and completion on the Resident Profile.
Record review of in-service from 08/28/2024 to 08/29/2024 on topics of where to find the diet information
for a resident completed, Subject: Resident Profile-how to pull up Resident Profile to
review-Diets-Diagnosis-Ca[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676044
If continuation sheet
Page 10 of 10