F 0656
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Develop and implement a complete care plan that meets all the resident's needs, with timetables and
actions that can be measured.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to develop and implement a comprehensive person-centered
care plan for each resident, consistent with the resident rights, that includes measurable objectives and
timeframes to meet a resident's medical, nursing, mental and psychosocial needs for 3 of 6 residents
(Resident #s 1, 2, and 3) reviewed for comprehensive person-centered care plans.
Resident #1 did not have a care plan completed after she was observed smoking a vape pen in her
bathroom or after she sustained burns related to smoking while receiving oxygen therapy.
Resident #2 did not have his care plan for smoking reviewed and updated when he refused to comply with
the facility smoking policy. He did not sign out to smoke off facility grounds and refused to have the facility
retain his smoking supplies safety.
Resident #3 did not have her care plan for smoking reviewed and updated after she was found with
cigarettes and lighter on 07/19/24.
These failures place residents at risk for unsafe smoking.
Findings included:
1. Record review of Resident #1's face sheet dated 07/23/24 indicated she was a [AGE] year-old female,
admitted on [DATE], and her diagnoses included non-st elevation myocardial infarction (heart attack),
anxiety (feeling of fear, dread, and uneasiness), paralytic syndrome (neuromuscular weakness that can
progress to paralysis), and COPD (chronic obstructive pulmonary disease-restrictive airflow and breathing
problems).
Record review of Resident #1's annual MDS dated [DATE] indicated she had unclear speech, was
sometimes understood, and usually understands others. She had severe impaired cognition (BIMS score of
6). Tobacco use was no. She utilized oxygen therapy.
Record review of Resident #1's care plan dated 12/20/23 indicated she was on oxygen therapy related to
ineffective gas exchange. Interventions included oxygen via nasal prongs at 2L continuously. There was no
care plan related to tobacco use, smoking, or smoking safety.
Record review of Resident #1's progress note dated 03/11/24 at 4:45 p.m., completed by LVN QQ indicated
she was informed by the DON Resident #1 received a vape pen from another resident. Resident #1 was
caught smoking the vape pen in her bathroom. The content of the vape pen was unknown. Resident
(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 22
Event ID:
676055
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0656
was assessed and RP notified.
Level of Harm - Minimal harm
or potential for actual harm
Record review of the progress note dated 07/19/24 at 7:52 p.m., completed by RN ZZ indicated Resident
#1 was out back (of the facility). Resident #1 was attempting to smoke a cigarette with her O2 on.
Residents Affected - Some
During an observation and interview on 07/25/24 at 11:50 a.m., Resident #1 was sitting in her wheelchair,
and had oxygen in place, connected to a concentrator.
2. Record review of Resident #2's face sheet dated 07/23/24 indicated he was a [AGE] year-old male,
admitted on [DATE], and his diagnoses included cerebral infarction (stroke), chronic kidney disease, and
major depressive disorder.
Record review of Resident #2's quarterly MDS assessment dated [DATE] indicated he was able to make
himself understood and understood others. He was cognitively intact (BIMS score 14).
Record review of Resident #2's care plan dated 05/18/23 indicated Resident #2 was a smoker.
Interventions included instruct resident about smoking risks and hazards and instruct resident about facility
policy on smoking, locations, times, and safety concerns. Resident #2 was given a letter to show concerns
about leaving the facility to smoke unsupervised. He signed the letter, and a copy was put in his clinical
records. Resident #2 can sign out to leave the premises and smoke unsupervised. Notify charge nurse
immediately if it was suspected Resident #2 had violated the facility smoking policy. Observe clothing and
skin for signs of cigarette burns. Resident #2 required supervision while smoking. Resident #2's smoking
supplies were stored at the nurses' station.
Record review of Resident #2's Smoking-Safety Screen dated 05/30/23 indicated cognitive loss, dexterity
problems, smokes 5-10 cigarettes per day, likes to smoke morning, afternoon, evening, and nights and
needed the facility to store lighter and cigarettes. Plan of care was used to assure resident was safe while
smoking. Resident #2 was safe to smoke with supervision. Resident #2 had dexterity problems following a
CVA. He had cognitive impairment which could impair his safety needs with smoking. There was no
Smoking-Safety Screen completed after 05/30/23.
During an interview on 07/23/24 at 11:10 a.m., Resident #2 said he used to go off the facility to smoke but
he now had to turn in all his smoking supplies and was only allowed to smoke with supervision. He said he
never gave his cigarettes and lighter to the facility and did not sign them out to go smoking He said he kept
them in his room. He said the staff never asked him for his cigarettes or lighter.
3. Record review of Resident #3's face sheet dated 07/23/24 indicated she was a [AGE] year-old female,
admitted on [DATE], and her diagnoses included major depressive disorder, Parkinsonism (a broad term
comprising a clinical syndrome and presenting with various neurodegenerative diseases, which manifest
with motor symptoms such as rigidity, tremors, bradykinesia, and unstable posture, leading to profound gait
impairment), COPD (a chronic inflammatory lung disease that causes obstructed airflow from the lungs),
anxiety (feeling of fear, dread, and uneasiness), and hypertensive heart disease with heart failure.
Record review of Resident #3's quarterly MDS assessment dated [DATE] indicated she was able to make
herself understood and usually understood others. She was cognitively intact (BIMS score 15).
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 2 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0656
Level of Harm - Minimal harm
or potential for actual harm
Record review of Resident #3's care plan for tobacco use dated 03/21/24 indicated Resident #3 would
adhere to the facility smoking policy (revised 07/09/24) and would not suffer injury from unsafe smoking
practices (revised 07/09/24). Interventions included to conduct Smoking Safety Evaluation upon admission
and PRN, orient resident to smoking times and procedures, and Resident #3 required supervision while
smoking.
Residents Affected - Some
Record review of Resident #3's Smoking-Safety Screen dated 03/08/24 indicated Resident #3 smoked 1-2
cigarettes per day and liked to smoke in the afternoon and evening. Resident #3 needed the facility to store
lighter and cigarettes. A plan of care was used to assure Resident #3 was safe while smoking. Resident #3
was safe to smoke without supervision. Encouraged Resident #3 to sign self out of nurses' station when
smoking without supervision. There was no Smoking-Safety Evaluation completed after 03/08/24.
During an interview on 07/23/24 at 11:30 a.m., Resident #3 said she had smoked a cigarette. She said she
gave all her smoking supplies to the nurse but could not remember which nurse.
During an interview on 07/23/24 at 11:25 a.m., RN ZZ said she was not aware Resident #3 smoked. She
said she thought Resident #2 was an independent smoker. She said she was not aware of a list of smokers.
During an interview on 07/23/24 at 2:00 p.m. CNA YY said she was not aware of who all of the smokers
were in the facility. She said the residents' cigarettes and lighters were kept at the nurses' station and taken
out to the smoking area.
During an interview on 07/23/24 at 2:05 p.m., CNA XX said she would get residents' cigarettes and lighters
from the nurses' station and take them out to the smoking area. She said there was not a list of residents
who smoked and who required supervision. She said Resident #2 and one other resident were able to
smoke independently and off the facility property. She said Resident #2 kept his cigarette supplies in his
room because he was an independent smoker and did not require supervision.
During an interview on 07/23/24 at 2:12 p.m., LVN WW said she was not aware Resident #1 or Resident #3
smoked cigarettes. She said she was not aware of a list of residents who smoked.
During an interview on 07/23/24 at 5:51 p.m., the DON said the nurses' station would have a list of
residents who smoked and who required supervision or who could smoke independently. She said the
nurses would advise the assigned staff of the resident supervision levels for smoking. She said Resident #2
usually kept his cigarettes and lighter.
During an interview on 07/24/24 at 8:33 a.m. LVN WW said Resident #2 was an independent smoker and
did not sign out smoking supplies. She said she was not aware he required supervision. She said she never
asked Resident #2 for his cigarettes or lighter. She said smoking assessments were done upon admission
and as needed if the residents were identified smokers. She said the smoking assessments would be done
if they came up due in the electronic record.
During an interview on 07/24/24 at 8:49 a.m., CNA YY said there was no list of smokers or who required
supervision while smoking. She said Resident #2 never kept his cigarettes or lighter at the nurses' station.
She said she was not aware Resident #3 was a smoker.
During an interview on 07/24/24 at 8:58 a.m., QA TT said Resident #2 was supposed to sign his
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 3 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0656
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
smoking supplies in and out when he went off facility property to smoke. She said she did not know why his
supplies were not turned in or why he was not signing in and out of the facility. She said Resident #3 denied
having cigarettes or smoking. She said all residents who were identified as smokers should have a smoking
assessment and a care plan. She said there should be list of residents who smoked and required
supervision. She said if the list was not posted at the nurses' station, it should be. She said residents were
at risk of injuries due to not safely smoking if they did not have assessment or care plans and they were not
supervised as required.
During an interview on 07/24/24 at 9:15 a.m., the Administrator said Resident #2 was allowed to keep his
cigarettes and lighter on his person because he was an independent smoker. He said Resident #2 was
supposed to sign his smoking supplies in and out of the nurses' station. He said he was not aware of a list
of residents who were smokers or who required supervision.
During an interview on 07/24/24 at 1:23 p.m., MDS RR said resident smoking assessments were supposed
to be completed quarterly. She said resident care plans were reviewed and updated quarterly and as
needed. She said all smokers should have care plans related to their level of supervision. She said
residents were at risk of serious injury if they were not adequately supervised when they were smoking.
She said if their smoking assessments were not completed, and their care plans were not updated the staff
would not be aware of their safety needs.
Record review of the facility's Care Planning-Interdisciplinary Team policy dated 2001 (revised March 2022)
indicated 1. Resident care plans are developed according to the timeframes and criteria established by
§483.21. 2. Comprehensive, person-centered care plans are based on resident assessments and
developed by an interdisciplinary team (IDT). 3. The IDT includes but is not limited to: a. the resident's
attending physician; b. a registered nurse with responsibility for the resident; c. a nursing assistant with
responsibility for the resident; d. a member of the food and nutrition services staff; e. to the extent
practicable, the resident and/or the resident's representative; and f. other staff as appropriate or necessary
to meet the needs of the resident, or as requested by the resident. 4. The resident, the resident's family
and/or the resident's legal representative/guardian or surrogate are encouraged to participate in the
development of and revisions to the resident's care plan. 5. Care plan meetings are scheduled at the best
time of the day for the resident and family when possible. 6. If it is determined that participation of the
resident or representative is not practicable for development of the care plan, an explanation is documented
in the medical record.
Record review of the facility's Smoking Policy-Residents dated 2001 (revised 2017) indicated . 2. Smoking
is only permitted in designated resident smoking areas . 3. Oxygen use is prohibited in smoking areas. 6.
The resident will be evaluated on admission to determine if he or she is a smoker or non-smoker. 7. The
staff shall consult with the Attending physician and the Director of Nursing services to determine if the
safety restriction need to be placed on a resident's smoking privileges based on the Safe Smoking
Evaluation. 8. A resident's ability to smoke will be evaluated quarterly, upon significant change (physical or
cognitive) and as determined by staff.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 4 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Ensure that a nursing home area is free from accident hazards and provides adequate supervision to
prevent accidents.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure each resident received adequate
supervision and assistive devices to prevent accidents for 3 of 14 residents (Resident #s 1, 2 and 3)
reviewed for smoking.
1. The facility failed to ensure Residents #2 and #3 were smoking safely in a designated smoking area. On
07/19/24, Resident #1, who utilized oxygen, and Residents #2 and #3 (assessed as smokers) were in a
nonsmoking area. Resident #1's oxygen caught on fire, and she sustained multiple burns to her face, chest,
and hands.
2. The facility failed to ensure Resident #2 and Resident #3 did not keep their smoking materials in their
room.
3. The facility failed to ensure Residents #2 and #3 were re-assessed for smoking safety.
On 07/24/24 at 12:26 p.m. an Immediate Jeopardy (IJ) situation was identified. While the IJ was removed
on 07/26/24, the facility remained out of compliance at a scope of isolated with no actual harm with
potential for more than minimal harm that is not immediate jeopardy, due to the facility continuing to monitor
the implementation and effectiveness of their Plan of Removal.
These failures could place residents at risk of harm, severe injury, and possible death.
Findings included:
Record review of Resident #1's face sheet dated 07/23/24 indicated she was a [AGE] year-old female,
admitted on [DATE], and her diagnoses included non-st elevation myocardial infarction (hear attack),
anxiety (feeling of fear, dread, and uneasiness), paralytic syndrome (neuromuscular weakness that can
progress to paralysis), and COPD (chronic obstructive pulmonary disease-restrictive airflow and breathing
problems).
Record review of Resident #1's annual MDS dated [DATE] indicated she had unclear speech, was
sometimes understood, and usually understands others. She had severe impaired cognition (BIMS score of
6). Tobacco use was no. She utilized oxygen therapy.
Record review of Resident #1's care plan dated 12/20/23 indicated she was on oxygen therapy related to
ineffective gas exchange. Interventions included oxygen via nasal prongs at 2L continuously. There was no
care plan related to tobacco use, smoking, or smoking safety.
Record review of Resident #1's progress note dated 03/11/24 at 4:45 p.m., completed by LVN QQ indicated
she was informed by the DON Resident #1 received a vape pen from another resident. Resident #1 was
caught smoking the vape pen in her bathroom. The content of the vape pen was unknown. Resident was
assessed and RP notified.
Record review of Resident #2's face sheet dated 07/23/24 indicated he was a [AGE] year-old male,
admitted on [DATE], and his diagnoses included cerebral infarction (stroke), chronic kidney disease, and
major depressive disorder.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 5 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Record review of Resident #2's quarterly MDS assessment dated [DATE] indicated he was able to make
himself understood and understood others. He was cognitively intact (BIMS score 14).
Record review of Resident #2's care plan dated 05/18/23 indicated Resident #2 was a smoker.
Interventions included instruct resident about smoking risks and hazards and instruct resident about facility
policy on smoking, locations, times, and safety concerns. Resident #2 was given a letter to show concerns
about leaving the facility to smoke unsupervised. He signed the letter, and a copy was put in his clinical
records. Resident #2 can sign out to leave the premises and smoke unsupervised. Notify charge nurse
immediately if it was suspected Resident #2 has violated the facility smoking policy. Observe clothing and
skin for signs of cigarette burns. Resident #2 required supervision while smoking. Resident #2's smoking
supplies are stored at the nurses' station.
Record review of Resident #2's Smoking-Safety Screen dated 05/30/23 indicated cognitive loss, dexterity
problems, smokes 5-10 cigarettes per day, likes to smoke morning, afternoon, evening, and nights and
needed the facility to stored lighter and cigarettes. Plan of care was used to assure resident was safe while
smoking. Resident #2 was safe to smoke with supervision. Resident #2 had dexterity problems following a
CVA. He had cognitive impairment which could impair his safety needs with smoking. There was no
Smoking-Safety Screen completed after 05/30/23.
Record review of Resident #3's face sheet dated 07/23/24 indicated she was a [AGE] year old female,
admitted on [DATE], and her diagnoses included major depressive disorder, Parkinsonism (a broad term
comprising a clinical syndrome and presenting with various neurodegenerative diseases, which manifest
with motor symptoms such as rigidity, tremors, bradykinesia, and unstable posture, leading to profound gait
impairment), COPD (a chronic inflammatory lung disease that causes obstructed airflow from the lungs),
anxiety (feeling of fear, dread, and uneasiness), and hypertensive heart disease with heart failure.
Record review of Resident #3's quarterly MDS assessment dated [DATE] indicated she was able to make
herself understood and usually understood others. She was cognitively intact (BIMS score 15).
Record review of Resident #3's care plan for tobacco use dated 03/21/24 indicated Resident #3 would
adhere to the facility smoking policy (revised 07/09/24) and would not suffer injury from unsafe smoking
practices (revised 07/09/24). Interventions included conduct Smoking Safety Evaluation upon admission
and PRN, orient resident to smoking times and procedures, and Resident #3 required supervision while
smoking.
Record review of Resident #3's Smoking-Safety Screen dated 03/08/24 indicated Resident #3 smoked 1-2
cigarettes per day and liked to smoke in the afternoon and evening. Resident #3 needed the facility to store
lighter and cigarettes. A plan of care was used to assure Resident #3 was safe while smoking. Resident #3
was safe to smoke without supervision. Encouraged Resident #3 to sign self out of nurses' station when
smoking without supervision. There was no Smoking-Safety Evaluation completed after 03/08/24.
During an interview on 07/23/24 at 11:25 a.m., RN ZZ said she saw Resident #3 pushing Resident #1
toward the front door of the facility to go outside. She said then Resident #3 brought Resident #1 to the
station. Resident #1 had burns to her face, hands, and chest. She said she called 911 and the physician.
She said Resident #1 was sent to the hospital. She said Resident #2 did not say anything. She said
Resident #3 said she was outside with Resident #1. She said Resident #1 said she wanted a cigarette. RN
ZZ said Resident #3 reported Resident #2 gave Resident #1 a cigarette. She said
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 6 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Resident #1's oxygen tubing was split into two separate sections. She said she was not aware Resident #3
smoked. She said she thought Resident #2 was an independent smoker. She said she was not aware of a
list of smokers.
Record review of the progress note dated 07/19/24 at 7:52 p.m., completed by RN ZZ indicated Resident
#1 was out back (of the facility). Resident #1 was attempting to smoke a cigarette with her O2 on. The O2
flashed and popped the tube in her nose. Resident #3 was the resident who assisted Resident #1 back into
the building after the incident.
Record review of Resident #1's Smoking Injury report dated 07/19/24 at 8:10 p.m., completed by RN ZZ
indicated Resident #1 was pushed to the nurses' station by Resident #3. She had burns on her face, mouth,
nose, cheeks, chin, and chest (8 inches X 6 inches). Her lips were singed, and her right hand had a 3 cm
area. Resident #1 indicated It blew up. The ADON called an ambulance. The ambulance arrived and
transported Resident #1 to the hospital.
Record review of Resident #1's hospital records dated 07/19/24 at 9:32 p.m. indicated Resident #1
presented in respiratory distress with burns to intranasal (nose) and perioral (mouth) region with stridor
(abnormal, high-pitched respiratory sound produced by irregular airflow in a narrowed airway) and
wheezing (high pitched whistle when airway is blocked) . intubated (tube put into windpipe for breathing) for
airway protection and expected clinical course with ketamine (anesthetic) and rocuronium (neuromuscular
blocker). OG tube (orogastric) also placed. Chest x-ray revealed interstitial edema (form of pulmonary
edema). Resident #1 was transferred to burn center for management evaluation.
Record review of Resident #1's hospital records dated 07/20/24 indicated Resident #1 reported she had
quit smoking (no date noted) and her smoking use included cigarettes. Elevated troponin myocardial injury
likely due to acute myocardial injury in setting of severe burns and critical illness. There was 3% partial
thickness burn to face/chest.
During an interview on 07/23/24 at 11:10 a.m., Resident #2 said he was out back in the garden area of the
facility with Resident #1 and Resident #3 He said it was a non-smoking area. He said he knew it was not a
smoking area and he should not be smoking there. He said Resident #3 was smoking and got too close to
Resident #1 and there was a flash and Resident #1 was on fire. He said he took the oxygen tube off
Resident #1 and the fire went out. He denied giving Resident #1 a cigarette. He said he used to go off the
facility to smoke but he now had to turn in all his smoking supplies and was only allowed to smoke with
supervision. He said he did not give Resident #1 a cigarette. He said he never gave his cigarettes and
lighter to the facility and did not sign them out to go smoking. He said he kept them in his room. He said the
staff never asked him for his cigarettes or lighter.
During an interview on 07/23/24 at 11:30 a.m., Resident #3 said she pushed Resident #1 to the nurses'
station from her room. She said LVN WW put a tank of oxygen on Resident #1's chair. She said she
informed LVN WW they were going out back of the facility to look at the flowers. She said Resident #2
joined them in the back of the facility. She said she had smoked a cigarette. She said Resident #2 was also
smoking. She said she got a cigarette from Resident #2 for Resident #1. She said suddenly Resident #1
exploded and was on fire. She said she did not know how the fire started. She said she did not light the
cigarette for Resident #1. She said she pulled the tube from Resident #1 and the fire went out. She said she
pushed Resident #1 back into the facility and to the nurses' station. She said she gave all her smoking
supplies to the nurse but could not remember which nurse. She said she did not want to talk anymore of the
incident and wanted a lawyer.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 7 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
During an interview on 07/23/24 at 9:40 a.m., the Administrator said on 07/19/24, Resident #3 wanted to
take Resident #1 outside to enjoy the garden. Resident #2 joined them. Resident #2 was an independent
smoker who would sign himself out and go off property to smoke. He joined Resident #1 and #3 in a
nonsmoking area. Resident #2 denied giving Resident #1 a cigarette. Resident #3 denied having a cigarette
or smoking. Resident #2 said it just exploded and then he said Resident #3 had a cigarette and got too
close to Resident #1. There were no staff present. Resident #3 put out the fire and brought Resident #1
back into the facility. RN ZZ assessed Resident #1 with burns to her chest and face and she was sent out to
the hospital and then transferred to a secondary hospital burn unit. Since the incident on 07/19/24, the
facility's smoking policy changed so no residents were allowed to keep smoking materials in their room and
Residents #2 and #3 now required supervision. The facility has started in-services to staff on the new
policy. He said all smoking residents were educated on the new policy and signed the new policy.
During an observation on 07/23/24 at 10:15 a.m. of the non-smoking area in the back of the facility
indicated there was no signage to indicate it was a non-smoking area. There was no signage related to the
use of oxygen.
During an interview on 07/23/24 at 12:35 p.m., the DON said she was not able to locate any current
Smoking-Safety assessments for Residents #1, #2, or #3.
During an interview on 07/23/24 at 12:40 p.m., the Administrator said whoever admitted the resident was
responsible for doing the initial Smoking-Safety Screen, then it was done as needed. He said he was not
aware of who took Resident #3's cigarettes and lighter after the incident on 07/19/24. He said the area
where the incident occurred was not a designated smoking area.
During an interview on 07/23/24 at 2:00 p.m. CNA YY said she was not aware of who all the smokers were
in the facility. She said the residents' cigarettes and lighters were kept at the nurses' station and taken out
to the smoking area. She said there was not a list of residents who required supervision while smoking. She
said she did not know if Resident #1 or #3 smoked. She said Resident #2 was an independent smoker and
kept his cigarettes and lighter in his room.
During an interview on 07/23/24 at 2:05 p.m., CNA XX said she would get residents' cigarettes and lighters
from the nurses' station and take them out to the smoking area. She said there was not a list of residents
who were smokers. She said Resident #2 and one other resident were able to smoke independently and off
of the facility property. She said Resident #2 kept his cigarette supplies in his room because he was an
independent smoker and did not require supervision. She said she did not know if Resident #1 or #3
smoked.
During an interview on 07/23/24 at 2:12 p.m., LVN WW said Resident #1 was at the nurses' station and was
having trouble breathing. She said she put the oxygen tank on Resident #1's wheelchair and made sure the
cannula was in place. She said Resident #3 indicated they (Resident #1 and Resident #3) were going to sit
outside at the back of the facility. She said she was not aware Resident #1 or Resident #3 smoked
cigarettes. She said she was not aware of a list of residents who smoked.
During an interview on 07/23/24 at 5:51 p.m., the DON said the nurses' station would have a list of
residents who smoked and who required supervision or who could smoke independently. She said the
nurses would advise the assigned staff of the resident supervision levels for smoking. She said Resident #2
usually kept his cigarettes and lighter. She said she was responsible to make sure the quarterly
Smoking-Safety Screen were completed. She said she was not aware the Smoking-Safety Screens were
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 8 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
not completed as required.
Level of Harm - Immediate
jeopardy to resident health or
safety
During an interview on 07/23/24 at 6:00 p.m., LVN VV said there was no list for which residents were
smokers or who required supervision. She said after the incident on 07/19/24 where Resident #1 caught on
fire, all the residents were supervised except one. She said all smoking supplies were supposed to be kept
at the nurses' station. She said Resident #2 used to sign out and return his smoking supplies but then he
refused. She said she believed the policy allowed him to keep his cigarettes and lighter because he was an
independent smoker.
Residents Affected - Few
During an interview on 07/24/24 at 8:33 a.m. LVN WW said Resident #2 was an independent smoker and
did not sign out smoking supplies. She said she was not aware he required supervision. She said she never
asked Resident #2 for his cigarettes or lighter. She said after the incident on 07/19/24, Resident #2 required
supervision and was a supervised smoker. She said she was not aware of a list of residents who were
smokers. She said the smoking supplies were handed to the staff who supervised the residents in the
smoking area. She said there was one resident who was allowed to sign himself and his smoking supplies
out to smoke off the facility property. She said smoking assessments were done upon admission and as
needed if the residents were identified smokers. She said the smoking assessments would be done if they
came up due in the electronic record.
During an interview on 07/24/24 at 8:40 a.m., LVN WW said Resident #2 was an independent smoker and
did not sign out smoking supplies. She said she was not aware he required supervision. She said she never
asked Resident #2 for his cigarettes or lighter. She said after the incident on 07/19/24, Resident #2 required
supervision and was a supervised smoker. She said she was not aware of a list of residents who were
smokers. She said the smoking supplies were handed to the staff who supervised the residents in the
smoking area. She said there was one resident who was allowed to sign himself and his smoking supplies
out to smoke off the facility property. She said smoking assessments were done upon admission and as
needed if the residents were identified smokers. She said the smoking assessments would be done if they
came up due in the electronic record.
During an interview on 07/24/24 at 8:49 a.m., CNA YY said all smoke breaks were assigned. She said a
CNA would supervise at 4:00 p.m. She said the residents smoking supplies were given to them by the
nurse. She said Resident #2 never kept his cigarettes or lighter at the nurses' station. She said he was an
independent smoker before the incident on 07/19/24 but now had to smoke with supervision. She said she
was not aware if Resident #1 or Resident #3 were smokers.
During an interview on 07/24/24 at 8:58 a.m., QA TT said Resident #2 was supposed to sign his smoking
supplies in and out when he went off the facility property to smoke. She said she did not know why his
supplies were not turned in or why he was not signing in and out of the facility. She said Resident #3 denied
having cigarettes or smoking. She said all residents who were identified as smokers should have a smoking
assessment and a care plan. She said she was working on getting all assessments caught up and
completed. She said the assessments were behind due to staff being off. She said the facility brought in a
part time MDS nurse who caught up on the MDS assessments but not all other assessments. She said
there should be list of residents who smoked. She said if the list of residents who smoked was not posted at
the nurses' station, it should be. She said residents were at risk of injuries due to not safe smoking if they
did not have assessment or care plans and they were not supervised as required.
During an interview on 07/24/24 at 9:15 a.m., the Administrator stated Resident #2 was allowed to keep his
cigarettes and lighter on his person because he was an independent smoker. He said the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 9 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
facility tried to keep Resident #2's smoking supplies and Resident #2 would promise to give them back to
be kept at the nurses' station, but he would not keep his promise. He said Resident #2 was supposed to
sign his smoking supplies in and out of the nurses' station. He said Resident #2 had not signed out of the
facility since March 2023 due to being noncompliant and defiant. He said the facility did not have any
system in place to protect the other residents from Resident #2's non-compliance or unsafe smoking. He
said he would tell Resident #2 to return his smoking supplies but Resident #2 would not return his smoking
supplies. He said Resident #2 knew he was not supposed to smoke on the property and smoked in a
non-smoking area. He said Resident #3 denied smoking in the non-smoking area on 07/19/24. He said he
was not aware of a list of residents who were smokers. He said after the incident on 07/19/24, all cigarettes
and smoking paraphernalia were taken from the residents and were kept at the nurses' station. The
Administrator said all smoking residents except one were to smoke during the scheduled smoking times.
The Administrator said the one resident that did not require supervision could check themselves out and go
off the facility premises to smoke. He said smoking was a risk and was unhealthy.
During an interview on 07/24/24 at 9:43 a.m., the DON said she was not aware Resident #2 was not
signing his smoking supplies in or out. She said she was not aware Resident #3 was a smoker. She said
she did not know there was no list of residents who were smokers. She said she was aware the smoking
assessments were not current. She said facility was working on making all smoking assessments current
and up to date. She said residents were at risk of unsafe smoking if they were not supervised as required.
During an interview on 07/24/24 at 1:23 p.m., MDS RR said Resident #2 reported Resident #3 pushed
Resident #1 outside to the back garden area. She said the area was a nonsmoking area. She said Resident
#2 reported Resident #3 had a lit cigarette and bent down in front of Resident #1 and there was a flash and
fire. She said Resident #3 reported it was a freak accident and did not know what happened. MDS RR said
resident smoking assessments were supposed to be completed quarterly. She said resident care plans
were reviewed and updated quarterly and as needed. She said all smokers should have care plans related
to their level of supervision. She said she did not know why the smoking assessments were not current.
She said the smoking assessments were not activated in the electronic record and the nurses would not
know to do the assessments if they did not populate. She said she had to activate Residents #1, #2, and
#3's smoking assessments. She said residents were at risk of serious injury if they were not adequately
supervised when they were smoking. She said if their smoking assessments were not completed, and their
care plans were not updated the staff would not be aware of their safety needs.
During an interview on 07/25/24 at 11:20 a.m., QA TT said Residents #1, #2, and #3 had gone outside to
smoke. They did not go to the designated smoking area, but went to the garden area, way in the back.
Resident #1 was on oxygen. A spark ignited and Resident #1 got burned. She was sent to the hospital and
then transferred to a secondary hospital burn unit. She said none of the residents would say what exactly
happened, and it was unknown if Resident #1 had a cigarette or not. Resident #1 had her oxygen tubing on
at the time, but it was not hooked up to her concentrator. The Resident returned to the facility on [DATE].
She sustained 2nd and 3rd degree burns to her face and chest. Resident #1 was initially intubated for the
edema and received ketamine and Fentanyl (opioid used for pain relief). QA TT said Resident #1 had a
hard time communicating. She had a communication board but did not use it. She said all smoke breaks
were now supervised and residents were required to sign out.
During an observation and interview on 07/25/24 at 11:50 a.m., Resident #1 was sitting in her wheelchair,
and had oxygen in place, connected to a concentrator. Resident #1 was noted with contractures
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 10 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
to both hands. Resident #1 had a hard time speaking but was able to answer questions. She stated she
was outside on 07/19/24 sitting with Resident #2 and Resident #3. She was not in the usual smoking area.
She heard a boom and then her shirt caught fire. She was sitting next to Resident #3 who was smoking at
the time. Resident #2 was also smoking. She said Resident #2 and Resident #3 put the fire out and she
went to the hospital. She did not remember too much after being admitted to the hospital. Resident #1 said
she had her oxygen tubing on at the time of the incident, but it was not hooked up to her concentrator.
Resident #1 said she smoked a long time ago but was not a smoker and did not have a cigarette at the time
of the incident. Resident #1 said she had gone outside with both residents before, but she usually kept her
tubing across her lap. She said the cannula was in her nose. She would go outside with them 1-2 times a
week. Resident #1 said she had burns above her mouth, directly under her nose, and to her chest. Red
areas were noted to Resident #1's upper lip area and under her nose. A dressing was in place to the right
upper chest area. QA TT raised the bottom of the dressing where the tape had come loose. Wounds
appeared to black in color with some blood noted. Resident #1 said it was very painful and QA TT said she
would bring her something for pain.
During an observation and interview on 07/25/24 at 12:30 p.m., Resident #2 was sitting in his wheelchair.
He had lived in the facility for 1 year. He said on 07/19/24 he went outside to smoke with Residents #1 and
#3. They did not go to the designated smoking area, and instead went to the garden area as there was
better scenery. Resident #3 was sitting in a chair and lit a cigarette. The minute she started to smoke it he
saw a flash of fire. He immediately took Resident #1's oxygen tubing off as it had melted to her face. He
said Resident #1's shirt was also on fire. He said he had a Dr. Pepper and a towel he had brought outside.
He poured the drink on her shirt and used the towel to put the fire out. He said Resident #1 was crying and
in shock. Resident #1 had also burned her hand and nose. He said Resident #3 brought Resident #1 inside
the facility. Resident #2 said he now had to smoke at the designated times. Resident #2 said he got a letter
from the Administrator stating he had to move out. He said the Administrator said he had given Resident #1
a cigarette. Resident #2 said he did not give her a cigarette, and he was not even smoking at the time. He
said Resident #3 was the only one smoking at the time. He said the Administrator just assumed he gave
her one. He had never seen Resident #1 smoke since he had been in the facility. He said she must have
done it before because she had COPD. Resident #2 said Resident #1 was his girlfriend. Resident #2 said
2-3 months ago he had a vape pen with THC (Tetrahydrocannabinol-a cannabinoid found in cannabis) in it
and Resident #1 took a hit. He said the Administrator told him to not do it again.
Record review of the facility's Smoking Policy-Residents dated 2001 (revised 2017) indicated . 2. Smoking
is only permitted in designated resident smoking areas . 3. Oxygen use is prohibited in smoking areas. 6.
The resident will be evaluated on admission to determine if he or she is a smoker or non-smoker. 7. The
staff shall consult with the Attending physician and the Director of Nursing services to determine if the
safety restriction need to be placed on a resident's smoking privileges based on the Safe Smoking
Evaluation. 8. A resident's ability to smoke will be evaluated quarterly, upon significant change (physical or
cognitive) and as determined by staff.
This was determined to be an Immediate Jeopardy (IJ) on 07/24/24. The Administrator and DON were
notified. The Administrator was provided with the IJ template on 07/24/24 at 12:26 p.m.
The following plan of removal was submitted by the facility and accepted on 07/26/24 at 9:59 a.m. and
included the following:
On 22 July 2024 the Administrator implemented a smoking policy which states no resident shall be allowed
to smoke on (the facility's) property unsupervised. Residents are to follow posted smoking
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 11 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
schedule. This smoking schedule also reflects which staff is responsible for which times. Staff in-service
training on this new policy was completed on 25 July 2024 at 6 p.m.
Assessment of all residents who smoke or who we think may be sneaking a smoke was completed by QA
nurse on 25 July 2024 12:00 noon. Residents were also assessed for the possible need of protective
equipment. QA nurse has also updated all resident's care plans to reflect the results of the assessment
(completed 26 July 12 noon). QA nurse will ensure quarterly assessments are completed in a timely
manner. A list of residents who smoke, along with those that need protective equipment, was posted on top
of the smoking box that is carried out to smoking area by supervising staff (24 July 2024). All staff were
instructed to read the smoking list that is taped to the lid of the smoking box and put a smoking apron on
residents as indicated by said list.
Administration has reiterated to residents, who often leave facility grounds, the policy that they must sign
out before leaving and sign back in upon return. All residents who have been identified as smokers have
signed acknowledgement of their understanding of this policy on 23 July 2024 at 12 noon. Smoking
questionnaire, as of 24 July 2024 12 noon, is now a part of admission package to determine if the resident
may be a smoker.
Care plan team has updated resident #2's care plan to reflect he is no longer allowed to keep smoking
material on his person or in his room. Resident #2 has been instructed to sign himself out when he leaves
the building and sign himself in upon his return. Resident #1 and #3 have been assessed as smokers.
Residents #1 and #3's care plans have been updated to reflect the fact that they may try to sneak around
and smoke.
On 24 July 2024 administration implemented a policy that all smoking on the facility property will be
supervised. All staff has been instructed on smoking safety and supervision (completed 25 July 2024 at 6
p.m. by DON and Admin) to ensure that hazardous materials are kept away from the designated smoking
area. All staff has been instructed by the DON and the Administrator to request the return of smoking
material that any resident checks out upon resident's return to facility (completed 25 July 2024 at 6 p.m.).
All staff has been instructed by the DON on smoking safety and supervision (completed 25 July 2024 at 6
p.m.) to ensure that hazardous materials are kept away from designated smoking area.
New policy compliance will be monitored by the Administrator, the DON, the QA Nurse as well as the
weekly QA Rounds team.
On 07/26/24 the surveyor confirmed the facility implemented their plan of removal sufficiently to remove the
Immediate Jeopardy (IJ) by:
During observations of a facility smoking area on 07/26/24 at 4:00 p.m. and 7:00 p.m., there was one staff
with residents. Two residents had on a smoking apron. Staff lit residents' cigarettes with lighter. No residents
retained smoking paraphernalia. There was a box with residents' smoking materials. There was a list of
resident smokers taped to top of the box of residents' smoking materials that included who required safety
interventions (protective apron).
During an interview on 07/26/24 at 3:45 p.m., the DON said staff were in-serviced on the facility's smoking
policy. She said shifts have changed recently to 6a-6p and 6p-6a for nurses and CNAs. She said residents
who smoked were instructed on the revised Smoking Policy.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 12 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0689
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
During an interview on 07/26/24 at 4:10 p.m., QA TT said in-services were conducted with staff and
residents. She said Smoking Assessments were updated on smokers and done on residents suspected of
smoking. She said she reviewed and updated the care plans based on the Smoking Assessment.
During interviews conducted on 07/26/24 from 4:45 p.m. through 6:15 p.m. with the facility staff from all
shifts (CNA A, CNA B, CNA C, NA D, DA E, DA F, RN G, CNA H, LVN I, CNA J, CNA K, and Maintenance
Director L) indicated they were aware of the facility smoking policy, knew which residents required smoking
protection (aprons), were aware residents were required to turn in smoking paraphernalia, and would report
any resident to the charge nurse if they were non-compliant with return of smoking paraphernalia. They
were able to explain the importance of assessing each resident for smoking safety, ensuring all residents
adhered to the smoking policy and smoking contracts, and knew the consequences of non-compliance,
ensuring residents do not keep their own smoking materials or smoke unsupervised, ensuring the families
of residents who smoked complied with all smoking rules, posting all designated smoking hours to ensure
each resident was available during those times, ensuring residents on oxygen or those with roommates on
oxygen did not keep lighters in their rooms, and reporting any non-compliance with the smoking policy to
management. They were of where the list of smokers was (on the box of resident smoking materials).
During an interview on 07/26/24 at 6:20 p.m., Resident #2 said he was aware of the new smoking policy,
smoking schedule, supervision, wearing a protective apron, and signing out to smoke off the premises. He
said cigarettes and lighters were kept by the staff and turned in when they sign back in from smoking off the
premises. He said he could be discharged if he did n[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 13 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Have policies on smoking.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to follow Federal, State, and Local laws and
regulations regarding smoking, smoking areas, and smoking safety for 3 of 3 residents (Resident #s 1, 2,
and 3) reviewed for smoking safety.
Residents Affected - Few
1. The facility failed to ensure Residents #2 and #3 were smoking safely in a designated smoking area. On
07/19/24, Resident #1, who utilized oxygen, and Residents #2 and #3 (assessed as smokers) were in a
nonsmoking area. Resident #1's oxygen caught on fire, and she sustained multiple burns to her face, chest,
and hands.
2. The facility failed to ensure Residents #2 and Resident #3 were supervised while they were smoking.
3. The facility failed to ensure Resident #2 and Resident #3 did not keep their smoking materials in their
room.
4. The facility failed to ensure Resident #2 and #3 were re-assessed for smoking safety.
On 07/24/24 at 12:26 p.m. an Immediate Jeopardy (IJ) situation was identified. While the IJ was removed
on 07/26/24, the facility remained out of compliance at a scope of isolated with no actual harm with
potential for more than minimal harm that is not immediate jeopardy, due to the facility continuing to monitor
the implementation and effectiveness of their Plan of Removal.
These failures could place residents at risk of an unsafe smoking environment and an increased risk of
injury related to smoking.
Findings included:
Record review of Resident #1's face sheet dated 07/23/24 indicated she was a [AGE] year-old female,
admitted on [DATE], and her diagnoses included non-st elevation myocardial infarction (hear attack),
anxiety (feeling of fear, dread, and uneasiness), paralytic syndrome (neuromuscular weakness that can
progress to paralysis), and COPD (chronic obstructive pulmonary disease-restrictive airflow and breathing
problems).
Record review of Resident #1's annual MDS dated [DATE] indicated she had unclear speech, was
sometimes understood, and usually understands others. She had severe impaired cognition (BIMS score of
6). Tobacco use was no. She utilized oxygen therapy.
Record review of Resident #1's care plan dated 12/20/23 indicated she was on oxygen therapy related to
ineffective gas exchange. Interventions included oxygen via nasal prongs at 2L continuously. There was no
care plan related to tobacco use, smoking, or smoking safety.
Record review of Resident #1's progress note dated 03/11/24 at 4:45 p.m., completed by LVN QQ indicated
she was informed by the DON Resident #1 received a vape pen from another resident. Resident #1 was
caught smoking the vape pen in her bathroom. The content of the vape pen was unknown. Resident was
assessed and RP notified.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 14 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Level of Harm - Immediate
jeopardy to resident health or
safety
Record review of Resident #2's face sheet dated 07/23/24 indicated he was a [AGE] year-old male,
admitted on [DATE], and his diagnoses included cerebral infarction (stroke), chronic kidney disease, and
major depressive disorder.
Record review of Resident #2's quarterly MDS assessment dated [DATE] indicated he was able to make
himself understood and understood others. He was cognitively intact (BIMS score 14).
Residents Affected - Few
Record review of Resident #2's care plan dated 05/18/23 indicated Resident #2 was a smoker.
Interventions included instruct resident about smoking risks and hazards and instruct resident about facility
policy on smoking, locations, times, and safety concerns. Resident #2 was given a letter to show concerns
about leaving the facility to smoke unsupervised. He signed the letter, and a copy was put in his clinical
records. Resident #2 can sign out to leave the premises and smoke unsupervised. Notify charge nurse
immediately if it was suspected Resident #2 has violated the facility smoking policy. Observe clothing and
skin for signs of cigarette burns. Resident #2 required supervision while smoking. Resident #2's smoking
supplies are stored at the nurses' station.
Record review of Resident #2's Smoking-Safety Screen dated 05/30/23 indicated cognitive loss, dexterity
problems, smokes 5-10 cigarettes per day, likes to smoke morning, afternoon, evening, and nights and
needed the facility to stored lighter and cigarettes. Plan of care was used to assure resident was safe while
smoking. Resident #2 was safe to smoke with supervision. Resident #2 had dexterity problems following a
CVA. He had cognitive impairment which could impair his safety needs with smoking. There was no
Smoking-Safety Screen completed after 05/30/23.
Record review of Resident #3's face sheet dated 07/23/24 indicated she was a [AGE] year old female,
admitted on [DATE], and her diagnoses included major depressive disorder, Parkinsonism (a broad term
comprising a clinical syndrome and presenting with various neurodegenerative diseases, which manifest
with motor symptoms such as rigidity, tremors, bradykinesia, and unstable posture, leading to profound gait
impairment), COPD (a chronic inflammatory lung disease that causes obstructed airflow from the lungs),
anxiety (feeling of fear, dread, and uneasiness), and hypertensive heart disease with heart failure.
Record review of Resident #3's quarterly MDS assessment dated [DATE] indicated she was able to make
herself understood and usually understood others. She was cognitively intact (BIMS score 15).
Record review of Resident #3's care plan for tobacco use dated 03/21/24 indicated Resident #3 would
adhere to the facility smoking policy (revised 07/09/24) and would not suffer injury from unsafe smoking
practices (revised 07/09/24). Interventions included conduct Smoking Safety Evaluation upon admission
and PRN, orient resident to smoking times and procedures, and Resident #3 required supervision while
smoking.
Record review of Resident #3's Smoking-Safety Screen dated 03/08/24 indicated Resident #3 smoked 1-2
cigarettes per day and liked to smoke in the afternoon and evening. Resident #3 needed the facility to store
lighter and cigarettes. A plan of care was used to assure Resident #3 was safe while smoking. Resident #3
was safe to smoke without supervision. Encouraged Resident #3 to sign self out of nurses' station when
smoking without supervision. There was no Smoking-Safety Evaluation completed after 03/08/24.
During an interview on 07/23/24 at 11:25 a.m., RN ZZ said she saw Resident #3 pushing Resident #1
toward the front door of the facility to go outside. She said then Resident #3 brought Resident #1 to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 15 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Level of Harm - Immediate
jeopardy to resident health or
safety
the station. Resident #1 had burns to her face, hands, and chest. She said she called 911 and the
physician. She said Resident #1 was sent to the hospital. She said Resident #2 did not say anything. She
said Resident #3 said she was outside with Resident #1. She said Resident #1 said she wanted a cigarette.
RN ZZ said Resident #3 reported Resident #2 gave Resident #1 a cigarette. She said Resident #1's oxygen
tubing was split into two separate sections. She said she was not aware Resident #3 smoked. She said she
thought Resident #2 was an independent smoker. She said she was not aware of a list of smokers.
Residents Affected - Few
Record review of the progress note dated 07/19/24 at 7:52 p.m., completed by RN ZZ indicated Resident
#1 was out back (of the facility). Resident #1 was attempting to smoke a cigarette with her O2 on. The O2
flashed and popped the tube in her nose. Resident #3 was the resident who assisted Resident #1 back into
the building after the incident.
Record review of Resident #1's Smoking Injury report dated 07/19/24 at 8:10 p.m., completed by RN ZZ
indicated Resident #1 was pushed to the nurses' station by Resident #3. She had burns on her face, mouth,
nose, cheeks, chin, and chest (8 inches X 6 inches). Her lips were singed, and her right hand had a 3 cm
area. Resident #1 indicated It blew up. The ADON called an ambulance. The ambulance arrived and
transported Resident #1 to the hospital.
Record review of Resident #1's hospital records dated 07/19/24 at 9:32 p.m. indicated Resident #1
presented in respiratory distress with burns to intranasal (nose) and perioral (mouth) region with stridor
(abnormal, high-pitched respiratory sound produced by irregular airflow in a narrowed airway) and
wheezing (high pitched whistle when airway is blocked) . intubated (tube put into windpipe for breathing) for
airway protection and expected clinical course with ketamine (anesthetic) and rocuronium (neuromuscular
blocker). OG tube (orogastric) also placed. Chest x-ray revealed interstitial edema (form of pulmonary
edema). Resident #1 was transferred to burn center for management evaluation.
Record review of Resident #1's hospital records dated 07/20/24 indicated Resident #1 reported she had
quit smoking (no date noted) and her smoking use included cigarettes. Elevated troponin myocardial injury
likely due to acute myocardial injury in setting of severe burns and critical illness. There was 3% partial
thickness burn to face/chest.
During an interview on 07/23/24 at 11:10 a.m., Resident #2 said he was out back in the garden area of the
facility with Resident #1 and Resident #3 He said it was a non-smoking area. He said he knew it was not a
smoking area and he should not be smoking there. He said Resident #3 was smoking and got too close to
Resident #1 and there was a flash and Resident #1 was on fire. He said he took the oxygen tube off
Resident #1 and the fire went out. He denied giving Resident #1 a cigarette. He said he used to go off the
facility to smoke but he now had to turn in all his smoking supplies and was only allowed to smoke with
supervision. He said he did not give Resident #1 a cigarette. He said he never gave his cigarettes and
lighter to the facility and did not sign them out to go smoking. He said he kept them in his room. He said the
staff never asked him for his cigarettes or lighter.
During an interview on 07/23/24 at 11:30 a.m., Resident #3 said she pushed Resident #1 to the nurses'
station from her room. She said LVN WW put a tank of oxygen on Resident #1's chair. She said she
informed LVN WW they were going out back of the facility to look at the flowers. She said Resident #2
joined them in the back of the facility. She said she had smoked a cigarette. She said Resident #2 was also
smoking. She said she got a cigarette from Resident #2 for Resident #1. She said suddenly Resident #1
exploded and was on fire. She said she did not know how the fire started. She said she did not light the
cigarette for Resident #1. She said she pulled the tube from Resident #1 and the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 16 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
fire went out. She said she pushed Resident #1 back into the facility and to the nurses' station. She said
she gave all her smoking supplies to the nurse but could not remember which nurse. She said she did not
want to talk anymore of the incident and wanted a lawyer.
During an interview on 07/23/24 at 9:40 a.m., the Administrator said on 07/19/24, Resident #3 wanted to
take Resident #1 outside to enjoy the garden. Resident #2 joined them. Resident #2 was an independent
smoker who would sign himself out and go off property to smoke. He joined Resident #1 and #3 in a
nonsmoking area. Resident #2 denied giving Resident #1 a cigarette. Resident #3 denied having a cigarette
or smoking. Resident #2 said it just exploded and then he said Resident #3 had a cigarette and got too
close to Resident #1. There were no staff present. Resident #3 put out the fire and brought Resident #1
back into the facility. RN ZZ assessed Resident #1 with burns to her chest and face and she was sent out to
the hospital and then transferred to a secondary hospital burn unit. Since the incident on 07/19/24, the
facility's smoking policy changed so no residents were allowed to keep smoking materials in their room and
Residents #2 and #3 now required supervision. The facility has started in-services to staff on the new
policy. He said all smoking residents were educated on the new policy and signed the new policy.
During an observation on 07/23/24 at 10:15 a.m. of the non-smoking area in the back of the facility
indicated there was no signage to indicate it was a non-smoking area. There was no signage related to the
use of oxygen.
During an interview on 07/23/24 at 12:35 p.m., the DON said she was not able to locate any current
Smoking-Safety assessments for Residents #1, #2, or #3.
During an interview on 07/23/24 at 12:40 p.m., the Administrator said whoever admitted the resident was
responsible for doing the initial Smoking-Safety Screen, then it was done as needed. He said he was not
aware of who took Resident #3's cigarettes and lighter after the incident on 07/19/24. He said the area
where the incident occurred was not a designated smoking area.
During an interview on 07/23/24 at 2:00 p.m. CNA YY said she was not aware of who all the smokers were
in the facility. She said the residents' cigarettes and lighters were kept at the nurses' station and taken out
to the smoking area. She said there was not a list of residents who required supervision while smoking. She
said she did not know if Resident #1 or #3 smoked. She said Resident #2 was an independent smoker and
kept his cigarettes and lighter in his room.
During an interview on 07/23/24 at 2:05 p.m., CNA XX said she would get residents' cigarettes and lighters
from the nurses' station and take them out to the smoking area. She said there was not a list of residents
who were smokers. She said Resident #2 and one other resident were able to smoke independently and off
of the facility property. She said Resident #2 kept his cigarette supplies in his room because he was an
independent smoker and did not require supervision. She said she did not know if Resident #1 or #3
smoked.
During an interview on 07/23/24 at 2:12 p.m., LVN WW said Resident #1 was at the nurses' station and was
having trouble breathing. She said she put the oxygen tank on Resident #1's wheelchair and made sure the
cannula was in place. She said Resident #3 indicated they (Resident #1 and Resident #3) were going to sit
outside at the back of the facility. She said she was not aware Resident #1 or Resident #3 smoked
cigarettes. She said she was not aware of a list of residents who smoked.
During an interview on 07/23/24 at 5:51 p.m., the DON said the nurses' station would have a list of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 17 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
residents who smoked and who required supervision or who could smoke independently. She said the
nurses would advise the assigned staff of the resident supervision levels for smoking. She said Resident #2
usually kept his cigarettes and lighter. She said she was responsible to make sure the quarterly
Smoking-Safety Screen were completed. She said she was not aware the Smoking-Safety Screens were
not completed as required.
During an interview on 07/23/24 at 6:00 p.m., LVN VV said there was no list for which residents were
smokers or who required supervision. She said after the incident on 07/19/24 where Resident #1 caught on
fire, all the residents were supervised except one. She said all smoking supplies were supposed to be kept
at the nurses' station. She said Resident #2 used to sign out and return his smoking supplies but then he
refused. She said she believed the policy allowed him to keep his cigarettes and lighter because he was an
independent smoker.
During an interview on 07/24/24 at 8:33 a.m. LVN WW said Resident #2 was an independent smoker and
did not sign out smoking supplies. She said she was not aware he required supervision. She said she never
asked Resident #2 for his cigarettes or lighter. She said after the incident on 07/19/24, Resident #2 required
supervision and was a supervised smoker. She said she was not aware of a list of residents who were
smokers. She said the smoking supplies were handed to the staff who supervised the residents in the
smoking area. She said there was one resident who was allowed to sign himself and his smoking supplies
out to smoke off the facility property. She said smoking assessments were done upon admission and as
needed if the residents were identified smokers. She said the smoking assessments would be done if they
came up due in the electronic record.
During an interview on 07/24/24 at 8:40 a.m., LVN WW said Resident #2 was an independent smoker and
did not sign out smoking supplies. She said she was not aware he required supervision. She said she never
asked Resident #2 for his cigarettes or lighter. She said after the incident on 07/19/24, Resident #2 required
supervision and was a supervised smoker. She said she was not aware of a list of residents who were
smokers. She said the smoking supplies were handed to the staff who supervised the residents in the
smoking area. She said there was one resident who was allowed to sign himself and his smoking supplies
out to smoke off the facility property. She said smoking assessments were done upon admission and as
needed if the residents were identified smokers. She said the smoking assessments would be done if they
came up due in the electronic record.
During an interview on 07/24/24 at 8:49 a.m., CNA YY said all smoke breaks were assigned. She said a
CNA would supervise at 4:00 p.m. She said the residents smoking supplies were given to them by the
nurse. She said Resident #2 never kept his cigarettes or lighter at the nurses' station. She said he was an
independent smoker before the incident on 07/19/24 but now had to smoke with supervision. She said she
was not aware if Resident #1 or Resident #3 were smokers.
During an interview on 07/24/24 at 8:58 a.m., QA TT said Resident #2 was supposed to sign his smoking
supplies in and out when he went off the facility property to smoke. She said she did not know why his
supplies were not turned in or why he was not signing in and out of the facility. She said Resident #3 denied
having cigarettes or smoking. She said all residents who were identified as smokers should have a smoking
assessment and a care plan. She said she was working on getting all assessments caught up and
completed. She said the assessments were behind due to staff being off. She said the facility brought in a
part time MDS nurse who caught up on the MDS assessments but not all other assessments. She said
there should be list of residents who smoked. She said if the list of residents who smoked was not posted at
the nurses' station, it should be. She said residents were at risk of injuries due to not safe smoking if they
did not have assessment or care plans and they were not
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 18 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
supervised as required.
Level of Harm - Immediate
jeopardy to resident health or
safety
During an interview on 07/24/24 at 9:15 a.m., the Administrator stated Resident #2 was allowed to keep his
cigarettes and lighter on his person because he was an independent smoker. He said the facility tried to
keep Resident #2's smoking supplies and Resident #2 would promise to give them back to be kept at the
nurses' station, but he would not keep his promise. He said Resident #2 was supposed to sign his smoking
supplies in and out of the nurses' station. He said Resident #2 had not signed out of the facility since March
2023 due to being noncompliant and defiant. He said the facility did not have any system in place to protect
the other residents from Resident #2's non-compliance or unsafe smoking. He said he would tell Resident
#2 to return his smoking supplies but Resident #2 would not return his smoking supplies. He said Resident
#2 knew he was not supposed to smoke on the property and smoked in a non-smoking area. He said
Resident #3 denied smoking in the non-smoking area on 07/19/24. He said he was not aware of a list of
residents who were smokers. He said after the incident on 07/19/24, all cigarettes and smoking
paraphernalia were taken from the residents and were kept at the nurses' station. The Administrator said all
smoking residents except one were to smoke during the scheduled smoking times. The Administrator said
the one resident that did not require supervision could check themselves out and go off the facility premises
to smoke. He said smoking was a risk and was unhealthy.
Residents Affected - Few
During an interview on 07/24/24 at 9:43 a.m., the DON said she was not aware Resident #2 was not
signing his smoking supplies in or out. She said she was not aware Resident #3 was a smoker. She said
she did not know there was no list of residents who were smokers. She said she was aware the smoking
assessments were not current. She said facility was working on making all smoking assessments current
and up to date. She said residents were at risk of unsafe smoking if they were not supervised as required.
During an interview on 07/24/24 at 1:23 p.m., MDS RR said Resident #2 reported Resident #3 pushed
Resident #1 outside to the back garden area. She said the area was a nonsmoking area. She said Resident
#2 reported Resident #3 had a lit cigarette and bent down in front of Resident #1 and there was a flash and
fire. She said Resident #3 reported it was a freak accident and did not know what happened. MDS RR said
resident smoking assessments were supposed to be completed quarterly. She said resident care plans
were reviewed and updated quarterly and as needed. She said all smokers should have care plans related
to their level of supervision. She said she did not know why the smoking assessments were not current.
She said the smoking assessments were not activated in the electronic record and the nurses would not
know to do the assessments if they did not populate. She said she had to activate Residents #1, #2, and
#3's smoking assessments. She said residents were at risk of serious injury if they were not adequately
supervised when they were smoking. She said if their smoking assessments were not completed, and their
care plans were not updated the staff would not be aware of their safety needs.
During an interview on 07/25/24 at 11:20 a.m., QA TT said Residents #1, #2, and #3 had gone outside to
smoke. They did not go to the designated smoking area, but went to the garden area, way in the back.
Resident #1 was on oxygen. A spark ignited and Resident #1 got burned. She was sent to the hospital and
then transferred to a secondary hospital burn unit. She said none of the residents would say what exactly
happened, and it was unknown if Resident #1 had a cigarette or not. Resident #1 had her oxygen tubing on
at the time, but it was not hooked up to her concentrator. The Resident returned to the facility on [DATE].
She sustained 2nd and 3rd degree burns to her face and chest. Resident #1 was initially intubated for the
edema and received ketamine and Fentanyl (opioid used for pain relief). QA TT said Resident #1 had a
hard time communicating. She had a communication board but did
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 19 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
not use it. She said all smoke breaks were now supervised and residents were required to sign out.
Level of Harm - Immediate
jeopardy to resident health or
safety
During an observation and interview on 07/25/24 at 11:50 a.m., Resident #1 was sitting in her wheelchair,
and had oxygen in place, connected to a concentrator. Resident #1 was noted with contractures to both
hands. Resident #1 had a hard time speaking but was able to answer questions. She stated she was
outside on 07/19/24 sitting with Resident #2 and Resident #3. She was not in the usual smoking area. She
heard a boom and then her shirt caught fire. She was sitting next to Resident #3 who was smoking at the
time. Resident #2 was also smoking. She said Resident #2 and Resident #3 put the fire out and she went to
the hospital. She did not remember too much after being admitted to the hospital. Resident #1 said she had
her oxygen tubing on at the time of the incident, but it was not hooked up to her concentrator. Resident #1
said she smoked a long time ago but was not a smoker and did not have a cigarette at the time of the
incident. Resident #1 said she had gone outside with both residents before, but she usually kept her tubing
across her lap. She said the cannula was in her nose. She would go outside with them 1-2 times a week.
Resident #1 said she had burns above her mouth, directly under her nose, and to her chest. Red areas
were noted to Resident #1's upper lip area and under her nose. A dressing was in place to the right upper
chest area. QA TT raised the bottom of the dressing where the tape had come loose. Wounds appeared to
black in color with some blood noted. Resident #1 said it was very painful and QA TT said she would bring
her something for pain.
Residents Affected - Few
During an observation and interview on 07/25/24 at 12:30 p.m., Resident #2 was sitting in his wheelchair.
He had lived in the facility for 1 year. He said on 07/19/24 he went outside to smoke with Residents #1 and
#3. They did not go to the designated smoking area, and instead went to the garden area as there was
better scenery. Resident #3 was sitting in a chair and lit a cigarette. The minute she started to smoke it he
saw a flash of fire. He immediately took Resident #1's oxygen tubing off as it had melted to her face. He
said Resident #1's shirt was also on fire. He said he had a Dr. Pepper and a towel he had brought outside.
He poured the drink on her shirt and used the towel to put the fire out. He said Resident #1 was crying and
in shock. Resident #1 had also burned her hand and nose. He said Resident #3 brought Resident #1 inside
the facility. Resident #2 said he now had to smoke at the designated times. Resident #2 said he got a letter
from the Administrator stating he had to move out. He said the Administrator said he had given Resident #1
a cigarette. Resident #2 said he did not give her a cigarette, and he was not even smoking at the time. He
said Resident #3 was the only one smoking at the time. He said the Administrator just assumed he gave
her one. He had never seen Resident #1 smoke since he had been in the facility. He said she must have
done it before because she had COPD. Resident #2 said Resident #1 was his girlfriend. Resident #2 said
2-3 months ago he had a vape pen with THC (Tetrahydrocannabinol-a cannabinoid found in cannabis) in it
and Resident #1 took a hit. He said the Administrator told him to not do it again.
Record review of the facility's Smoking Policy-Residents dated 2001 (revised 2017) indicated . 2. Smoking
is only permitted in designated resident smoking areas . 3. Oxygen use is prohibited in smoking areas. 6.
The resident will be evaluated on admission to determine if he or she is a smoker or non-smoker. 7. The
staff shall consult with the Attending physician and the Director of Nursing services to determine if the
safety restriction need to be placed on a resident's smoking privileges based on the Safe Smoking
Evaluation. 8. A resident's ability to smoke will be evaluated quarterly, upon significant change (physical or
cognitive) and as determined by staff.
This was determined to be an Immediate Jeopardy (IJ) on 07/24/24. The Administrator and DON were
notified. The Administrator was provided with the IJ template on 07/24/24 at 12:26 p.m.
The following plan of removal was submitted by the facility and accepted on 07/26/24 at 9:59 a.m.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 20 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
and included the following:
Level of Harm - Immediate
jeopardy to resident health or
safety
On 22 July 2024 the Administrator implemented a smoking policy which states no resident shall be allowed
to smoke on (the facility's) property unsupervised. Residents are to follow posted smoking schedule. This
smoking schedule also reflects which staff is responsible for which times. Staff in-service training on this
new policy was completed on 25 July 2024 at 6 p.m.
Residents Affected - Few
Assessment of all residents who smoke or who we think may be sneaking a smoke was completed by QA
nurse on 25 July 2024 12:00 noon. Residents were also assessed for the possible need of protective
equipment. QA nurse has also updated all resident's care plans to reflect the results of the assessment
(completed 26 July 12 noon). QA nurse will ensure quarterly assessments are completed in a timely
manner. A list of residents who smoke, along with those that need protective equipment, was posted on top
of the smoking box that is carried out to smoking area by supervising staff (24 July 2024). All staff were
instructed to read the smoking list that is taped to the lid of the smoking box and put a smoking apron on
residents as indicated by said list.
Administration has reiterated to residents, who often leave facility grounds, the policy that they must sign
out before leaving and sign back in upon return. All residents who have been identified as smokers have
signed acknowledgement of their understanding of this policy on 23 July 2024 at 12 noon. Smoking
questionnaire, as of 24 July 2024 12 noon, is now a part of admission package to determine if the resident
may be a smoker.
Care plan team has updated resident #2's care plan to reflect he is no longer allowed to keep smoking
material on his person or in his room. Resident #2 has been instructed to sign himself out when he leaves
the building and sign himself in upon his return. Resident #1 and #3 have been assessed as smokers.
Residents #1 and #3's care plans have been updated to reflect the fact that they may try to sneak around
and smoke.
On 24 July 2024 administration implemented a policy that all smoking on the facility property will be
supervised. All staff has been instructed on smoking safety and supervision (completed 25 July 2024 at 6
p.m. by DON and Admin) to ensure that hazardous materials are kept away from the designated smoking
area. All staff has been instructed by the DON and the Administrator to request the return of smoking
material that any resident checks out upon resident's return to facility (completed 25 July 2024 at 6 p.m.).
All staff has been instructed by the DON on smoking safety and supervision (completed 25 July 2024 at 6
p.m.) to ensure that hazardous materials are kept away from designated smoking area.
New policy compliance will be monitored by the Administrator, the DON, the QA Nurse as well as the
weekly QA Rounds team.
On 07/26/24 the surveyor confirmed the facility implemented their plan of removal sufficiently to remove the
Immediate Jeopardy (IJ) by:
During observations of a facility smoking area on 07/26/24 at 4:00 p.m. and 7:00 p.m., there was one staff
with residents. Two residents had on a smoking apron. Staff lit residents' cigarettes with lighter. No residents
retained smoking paraphernalia. There was a box with residents' smoking materials. There was a list of
resident smokers taped to top of the box of residents' smoking materials that included who required safety
interventions (protective apron).
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 21 of 22
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
676055
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/26/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Shady Acres Health and Rehabilitation Center
405 Shady Acres Lane
Newton, TX 75966
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 0926
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
During an interview on 07/26/24 at 3:45 p.m., the DON said staff were in-serviced on the facility's smoking
policy. She said shifts have changed recently to 6a-6p and 6p-6a for nurses and CNAs. She said residents
who smoked were instructed on the revised Smoking Policy.
During an interview on 07/26/24 at 4:10 p.m., QA TT said in-services were conducted with staff and
residents. She said Smoking Assessments were updated on smokers and done on residents suspected of
smoking. She said she reviewed and updated the care plans based on the Smoking Assessment.
During interviews conducted on 07/26/24 from 4:45 p.m. through 6:15 p.m. with the facility staff from all
shifts (CNA A, CNA B, CNA C, NA D, DA E, DA F, RN G, CNA H, LVN I, CNA J, CNA K, and Maintenance
Director L) indicated they were aware of the facility smoking policy, knew which residents required smoking
protection (aprons), were aware residents were required to turn in smoking paraphernalia, and would report
any resident to the charge nurse if they were non-compliant with return of smoking paraphernalia. They
were able to explain the importance of assessing each resident for smoking safety, ensuring all residents
adhered to the smoking policy and smoking contracts, and knew the consequences of non-compliance,
ensuring residents do not keep their own smoking materials or smoke unsupervised, ensuring the families
of residents who smoked complied with all smoking rules, posting all designated smoking hours to ensure
each resident was available during those times, ensuring residents on oxygen or those with roommates on
oxygen did not keep lighters in their rooms, and reporting any non-compliance with the smoking policy to
management. They were of where the list of smokers was (on the box of resident smoking materials).
During an interview on 07/26/24 at 6:20 p.m., Resident #2 said he was aware of the new smoking policy,
smoking schedule, supervision, wearing a protective apron, and signing out to smoke off the
pre[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676055
If continuation sheet
Page 22 of 22