F 0583
Keep residents' personal and medical records private and confidential.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure the right to personal privacy for 1 of 4
sampled residents (Resident #2).
Residents Affected - Few
The facility failed to ensure Resident #2's dignity by closing personal curtain and/or door during personal
care.
The deficient practice had the potential to allow residents to be treated in undignified manner.
Findings include:
Record review of Resident #2's Face Sheet, dated 7/28/2023, revealed a [AGE] year-old male who was
admitted to the facility on [DATE]. Resident #2 had diagnoses which included Senile degeneration of the
brain, dementia, anxiety, Gastro-esophageal reflux, seizures, and contracture (a condition of shortening
and hardening of muscles, tendons, or other tissue, often leading to deformity and rigidity of joints.).
Record review of Resident #2's Quarterly MDS, dated [DATE], revealed a BIMS score of 99 which indicated
he could not finish the interview. Indicating Resident #2 cognitive status as nonverbal.
Review of video recording of incident #1 that occurred on 7/19/23 from 7:06 PM to 7:18 PM revealed CNAA
being physically abusive towards Resident #2, pulling Resident #2 by the arms to flip Resident #2 over and
pulling Resident #2 by the wrist to not allow Resident #2 to brace himself holding on to side rails of bed.
Resident #2 tried to fight back. CNAA grabbed Resident #2 by the wrist and pinned the resident to continue
to change Resident #2. CNAA aggressively pulled Resident #2's shirt off. Privacy curtain was never pulled
shut during entire video leaving Resident #2 exposed.
Review of video recording of incident #2 that occurred on 7/21/23 from 11:44 PM to 11:48 PM revealed
CNAA being physically abusive towards Resident #2, pulling Resident #2 forcefully by the knees to flip the
resident onto his side and removing the resident's brief. CNA A aggressively pulled the resident by the wrist
and pinned his wrist and arm under the side rail of the bed to continue to change the resident. CNAA did
not clean the resident before putting on a new brief. Privacy curtain was never pulled shut during entire
video leaving Resident #2 exposed.
Review of video recording of incident #3 that occurred on 7/22/23 from 7:56 PM to 8:05 PM revealed CNA
A being physically abusive towards Resident #2, pulling Resident #2 by his knees, forcefully flipping him
over, grabbing Resident #2 by the wrist to pin him and flipping Resident #2 back over by forcefully ripping
the sheets out from under Resident #2. At approximately 7:59 PM LVN B entered the
(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 31
Event ID:
676100
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0583
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
room, stated to CNA A You are being too rough with him in which CNA A replied, I'll show you rough.
Privacy curtain was never pulled shut during entire video leaving Resident #2 exposed.
During a phone interview at 2:05 p.m. with RP she stated that she was the one that took the videos of
Resident #2's room due to concerns of care being received by the resident. She stated that she could
confirm that the employee in video was CNA A. She stated that she could confirm that in every video
Resident #2 was being changed and left naked lying on the bed with no curtains pulled for his
dignity/privacy. She stated she has never seen the curtain pulled every time she has gone to visit.
During an interview on 7/27/23 at 3:05 PM Resident #5 (roommate of Resident #2) stated that he can't give
exact dates but there had been a few times that an employee had come in and been rough with Resident
#2. He stated the resident is dirty and needs to be changed but the employee would tell the resident I will
change you whether you like it or not. CNAA stated this to Resident #2 that past Sunday night 7/23/23. He
stated that he heard a lot of noises, and the roommate began to cry. He stated that every time the CNAA
would come into his room to change his roommate, the CNAA never closed the curtains.
During an interview on 7/28/23 at 3:15 PM LVN B stated that she can confirm that she has saw all three
videos involving CNAA and Resident #2. She stated that in all 3 videos the privacy curtain was left open by
the CNAA who left Resident #2 nude on the bed with no privacy. She stated that not once during all three
videos did the privacy curtain get pulled shut. She stated her expectation is that all privacy curtains are to
be pulled shut every time any resident could have any sort of privacy issue. She stated that is not what
happened in any of the videos.
Record review of facility's Resident Rights policy dated 4/2008 revealed: Dignity and Respect, you have the
right to: live in safe, decent, and clean conditions, be free from abuse, neglect, and exploitation, be treated
with dignity, courtesy, consideration, and respect.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 2 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews and record review the facility failed to ensure residents had the right to be free from abuse for 2
of 4 residents (Resident #1, Resident #2) reviewed for abuse.
Residents Affected - Some
1)
The facility failed to ensure a safe environment free from abuse for Resident #1. On 07/22/23 at 11:15p.m,
CNA A was observed by LVN B cleaning Resident #1's bleeding ear lobe and denied not knowing what
happened. Resident #1 was transferred to the hospital and found to have multiple injuries including left ear
laceration, left shoulder abrasion, hematoma on the right and left abdomen, hematoma on the left leg, skin
tear on the left forearm and bruise on the foreskin of his penis. According to LVNB she saw Resident #1
less than24 hours back and he did not have these fresh new injuries.
2)
The Facility failed to ensure a safe environment free from abuse for Resident #2. CNA A was observed on
07/19/23 at 7:06 to 7:18p.m on the video camera physically abusive and aggressive with Resident #2 while
trying to provide incontinent care.
An IJ was identified on 07/27/23 at 4:05p.m. The IJ template was provided to the facility on [DATE] at 4:05
p.m. While the IJ was removed on 07/28/23 at 4:25p.m, the facility remained out of compliance at a scope
of pattern and a severity level of actual harm because all staff had not been trained on effectiveness of the
Plan of Removal
These failures place residents at risk of physical harm, emotional distress, mental anguish, and death from
possible abuse.
Findings included:
Review of Resident #1's face sheet dated 07/24/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. His diagnoses included vascular dementia (impaired blood flow to brain)
acute and respiratory failure, chronic obstructive pulmonary disease (breathlessness and cough), personal
history of covid-19, bipolar disorder (mental disorder), benign prostatic hyperplasia (enlarged prostate),
insomnia (sleep disorder), schizophrenia (mental disorder), osteoarthritis (degenerative joint disease),
dysarthria and anarthria (impaired speech) and major depressive disorder (loss of interest).
Review of the significant change MDS assessment dated [DATE] for Resident #1 revealed he had a brief
interview for mental status score of 1 indicating cognitive severe impairment. Resident has minimum
difficulty hearing with unclear speech. He usually understood but with impaired vision. Resident #1 has
physical behaviors directed towards others e.g., hitting, kicking, pushing, scratching, and grabbing.
Resident #1 had contributing active diagnoses of dementia and schizophrenia. The MDS reflected for skin
condition: Resident #1 had only 1 documented pressure ulcers (stage2) or wound on admission.
Furthermore, the MDS indicated Resident #1 required extensive assistance with most ADLs and transfer.
He was frequently incontinent of bowel and bladder.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 3 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Review of Resident #1's Care Plan dated 06/28/22 reflected Resident #1 has a behavior problem as
evidenced by resisting (activity of daily living) ADL assistance. He hits and curses at staff during ADLs.
Goal: The resident will have fewer episodes of resisting ADL assistance and will cooperate with staff.
Interventions includes:
1)
Residents Affected - Some
Explain all procedures to resident before starting and allow the resident (10 minutes) to adjust to changes
2)
Minimize potential for the resident's disruptive behaviors by offering task which divert attention
3)
Monitor behavior episodes and attempt to determine underlying cause. Consider location, time of day,
persons involved, and situations. Document behavior and potential causes
4)
If reasonably, discuss the resident's behavior. Explain/reinforce why behavior is inappropriate and/or
unacceptable to the resident.
Review of the Braden Scale (predictor of pressure sore risk) dated 06/02/23 revealed Resident #1 had a
score of 14 which indicated moderate risk for pressure ulcers.
Review of the nurse's notes dated 07/23/23 (the day Resident#1 went to hospital), documented by LVN A
reflected, Resident observed to be sitting on left side in upright position, both feet on the floor, alert and
oriented to person. Resident presents in brief. Moderately sized lacerations to lower left earlobe, estimated
4cm in length, bleeding, small scratch anterior to lower, left earlobe: two small lacerations present to left
anterior shoulder; moderately sized skin tear to left forearm, and a large bruise/swelling assessed to
resident's lower extremity. Vitals assessed as follows: T97.6, BP 165/80, 02 97%, P 60 and R 24.
As per protocol ADON/DON, Administrator, Resident's family member hospice provider notified of incident.
(CNAA) asked to complete a witness statement for incident report. Once witness statement completed,
floor CNA was asked to go home for remainder of shift.
Review of the hospital admission for Resident #1 dated 07/23/23 reflected, Pt came in via EMS w/c/o
laceration on left ear, chin, left shoulder and skin tear to left arm. Altered mental status: Given is confused
and not able to provide any information, this information is obtained from emergency department provider
as well as from medical records. Patient is a resident at local nursing home and he was found confused and
with multiple injuries. Given his status patient is sent to the emergency department for further evaluation.
Patient is noted to have multiple superficial bruises over the left ER left forearm, left shoulder and left lower
extremity and imaging study showed multiple rib fractures as well as lumbar spine fracture. Patient is also
noted to be significantly acidotic (acid condition); he was started on BIPAP and initiated treatment with
nebulization and received dose of steroid. After this he is being admitted for further management
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 4 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
Further review of the Resident #1's hospital medical records dated 07/23/23 reflected, Pt. was brought to
ED via EMS with c/o AMS and potential physical abuse. Is non-verbal. Responsive to pain w/laceration on
left ear, skin tear on the left forearm, bruises and lacerations on the left shoulder, bruises and abrasion on
the left leg, bruise on the foreskin of the penis and hematoma (localized bleeding) on the right and left
upper abdominal area.
Observation of Resident #1 on 07/24/23 at 2:52p.m in the hospital revealed Resident #1 was lying with IV
tubes connected to him. Resident #1 could speak but was unable to articulate clear thoughts. His nurse
RNT did a head-to-toe assessment as this surveyor observed. Resident #1's injuries include a bruised
penis, left shoulder lacerations, left ear lobe lacerations, a hematoma to left leg and left abdomen, and
multiple rib fractures (per RN T). Resident #1 appeared tired and confused.
In an interview with RNT on 07/24/23 at 3:06p.m., he said he is the charge nurse taking care of Resident
#1 in the hospital. RNT explained Resident #1 was brought to the Emergency department for treatment of
suspected physical abuse in the nursing home where he was residing. Resident #1 sustained multiple
lacerations and abrasions consistent with physical abuse. He said paramedics informed them the nursing
home refused to give details of what happened to the Resident#1.
During interview with LVNA on 07/25/23 at 10:54a.m, she said she was the nurse that transferred Resident
#1 to the hospital for evaluation and treatment. She stated on 07/23/23 about 11:00p.m, Resident #1 was
found with fresh new bruises, lacerations, and abrasion after changing shift with LVNB. The wounds
included left ear lacerations, left shoulder abrasions/lacerations, lacerations on the right and left abdomen,
lacerations on the leg, skin tear on the left forearm, and extensive bruising on the foreskin of his penis.
LVNA explained the wounds were new on the resident having taking care of him on Friday 07/22/23 a day
before the incident. She also said LVNB informed her she saw CNA A cleaning the bleeding earlobe of
Resident #1. LVNB asked CNAA what happened and CNAA responded I didn't know. LVNB said she
notified the physician and received orders to send resident to the hospital to rule out internal injuries. LVNA
explained LVNB on 07/18/23 informed her that she was afraid because CNAA threatened to kidnap, rape,
put her in the trunk and throw her in the river. She was shocked and immediately went to HR E. LVNA and
HR E walked to the ADM's office and informed him of threat from CNAA. LVNA said she did not hear from
ADM or aware of any investigation. The ADM didn't talk to her about the issues and CNAA was still
reporting to work as if nothing happened. There was no investigation, suspension, or disciplinary actions.
LVNA noted she was very concerned when LVNB informed her CNAA pulled a knife on her in the
breakroom few days after the rape threat. She noted LVNB was visibly terrified and said she did understand
why ADM had not acted on her complaint regarding CNAA.
During interview with LVNB on 07/25/23 at 1:47p.m, she said she was familiar and responsible for Resident
#1 and Resident #2 during the night shift. On 07/23/23 at about 11:00p.m she walked into Resident#1's
room and observed CNA A wiping blood from laceration on Resident #1's earlobe. She asked what
happened and CNAA said I don't know. LVNB assessed Resident #1 and found multiple injuries that was no
present a day before. She explained Resident #1 looked like he was on a WWF fight. LVNB immediately
notified ADON C, ADON D and DON via text which stated, Hey I need to know what to do for (Resident #1)
he's dinged up like he's been in a fight. Do I call ADM or EMS?. She said ADON C called her back and
instructed to transfer Resident #1 to the hospital for further evaluation and treatment.
During an Interview with ADONC on 07/27/23 at 10:58a.m, she said she was one of the ADONs in the
facility. On 07/23/23 at 1:31a.m, LVNB texted her informing Resident #1 was found with multiple injuries
including bruises, laceration and abrasions which were fresh and new. LVNB mentioned she saw CNAA
cleaning Resident #1's bleeding earlobe in his room. She asked CNAA what happened to the Resident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 5 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
#1?. CNAA repeatedly said he did not know. ADONC told LVNB to transfer Resident #1 to the hospital for
further evaluation and treatment. ADONC explained she immediately called ADM on 07/23/23 at 1:39 p.m.
and informed him of the reported incident. ADM informed her to call hospice nurse and not call EMS. She
stated she had already informed LVNB to transfer Resident #1 to the hospital for evaluation and treatment
because of the seriousness of the injury after LVNB texted to her.
In an interview with Hos Q on 07/26/23 at 8:27a.m, she said she was the Hospice nurse from the agency.
On 07/23/23 at about 2:00a.m, she was called by the facility to come and assess Resident #1 because he
was found with multiple injuries. She arrived and saw residents with numerous wounds including laceration
and abrasions to left leg, left arm, left ear, bruise to foreskin of his penis and swollen left shin. She said
Resident #1 appears to be in pain and was given Tramadol because he was grimacing. Hos Q noted the
injuries was new and fresh but the resident could not say how he got the injuries. After assessing Resident
#1 she called the doctor and received an order for x-ray to see the extent of his injuries. She treated the
wounds and left the facility.
2. Review of Resident #2's face sheet dated 07/25/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. The diagnoses included senile degeneration of the brain, dementia
(impaired blood flow to brain), Aphasia
(Communication disorder), dysphagia (language disorder), contractures (chronic loss of joint motion), heart
failure, seizures), osteoarthritis (degenerative joint disease), and pulmonary embolism (blood clot in the
lungs).and depressive disorder (loss of interest).
Review of the MDS assessment dated [DATE] for Resident #2 revealed an incomplete brief interview for
mental status. Resident has minimum difficulty hearing with unclear speech. He rarely/never understands
but with adequate vision. Resident #2 has no documented behavioral issues.
Review of nurse's notes dated 07/23/23 reflected, After 10: 00a.m RP resident's family member notified this
nurse of watching a man (CNA A) being rough with Resident #2, this nurse told SS and (ADM) notified.
Awaiting further instructions at this time
Review of hospital admission for Resident #2 dated 07/23/23 reflected, Pt arrived to ED via EMS from
facility and was sent by primary care dr. for concerns of internal injuries and to be evaluated for such. Per
charge nurse RN, pt. is second individual to arrive today for injuries from the same facility. APS case has
been filled for other individual and instructed to file for Pt as well. Pt is at baseline GCS of 14 per EMS. Pt.
denies any complaints at this time, pt. is assessed for bruising/injuries, no apparent injuries upon visual
assessment.
Review of the facility schedule date 07/23/23 revealed CNA A was the only aide assigned to Hall 100 where
Resident #1 and Resident #2 were located.
Review of three separate video recording of Resident #2 reflected the following:
INCIDENT 1
Recording occurred on 07/19/23 from 7:06p.m-7:18pm.
The video revealed shows CNA A being physically abusive towards Resident #2, pulling Resident #2 by the
arms to flip him over and pulling him by the wrist to not allow Resident#2 to brace himself
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 6 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
holding on to the side rails of the bed. Resident #2 tried to fight back but CNAA was relentless in his rough
actions towards Resident #2. CNAA grabbed Resident #2 by wrist and pinned him to continue to change
him. CNAA aggressively pulled Resident #2's shirt off.
INCIDENT 2
Recording occurred on 07/21/23 from 11:44p.m to 11: 48p.m
The video revealed CNA A being physically abusive towards Resident #2, pulling him forcefully by the
knees to flip the resident unto side and remove his brief. CNAA aggressively pulled the resident by the wrist
and pinned wrist and arm under the rail of the bed to continue to change the resident. CNA A removed
Resident #2 brief but did not clean resident before putting on new brief.
INCIDENT 3
Recording occurred on 07/22/23 from 7:56p.m to 8:05p.m.
The video revealed CNA A being physically abusive towards Resident#2, pulling the resident by his knees
forcefully flipping him over, grabbing the resident by the wrist to pin him down and flipping him back by
forcefully ripping sheets out from under Resident # 2. Approximately at 7:59p.m LVNB entered the room.
LVN B stated to CNAA You are being too rough with him in which CNAA replied, I will show you rough.
Review of Police report #20230009126 dated 07/23/223 reflected the following:
OFFENSE SUMMARY:
****************
Injury to Child, Elderly, or Disabled, Serious Bodily Injury
CNA A while employed as a CNA at facility Nursing and Rehab and assigned to care for Resident #1, CNA
A, intentionally, knowingly, or recklessly caused Resident #1 to have multiple abrasions, severe bruising
around the groin, broken ribs on his left side and slipped disc in his spine. Injury to Child, Elderly, or
Disabled, Bodily injury
CNA A while employed as a CNA at facility Nursing and Rehab and assigned to care for Resident #2,
intentionally, knowingly, or recklessly caused Resident #2 to be evaluated for internal injuries from the
forceful nature that CNA A treated him with on video.
In an attempted interview with CNA A on 07/25/23 at 4:49p.m, he confirmed he was working on hall 100 on
07/23/23 (day of incident). CNA A said he took care of Residents #1 and #2 in the nursing. He was asked if
he had a chance to talk to ADM, he said he had not. CNA A ended the call. Several attempts by surveyor to
call CNAA back was met with voice message saying the phone was out of services.
During interview with Administrator (ADM) on 07/26/23 at 9:54a.m, he confirmed the following:
1)
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 7 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Received video recording from RP showing CNAA physically harming Resident #2
Level of Harm - Immediate
jeopardy to resident health or
safety
2)
Residents Affected - Some
3)
LVNB and LVNA notified him of rape threat by CNAA
ADON C, LVNA, LVNB notified him of physical abuse of Resident #1 and Resident #2 by CNAA
4)
Aware Resident #1 sustain multiple injuries.
5)
Did not talk to CNA A about the rape issue or the incidents of physical abuse of Resident #1 and Resident
#2
6)
Denied not reporting on time.
Surveyor tried without success to get some questions answered or timeline on the information during the
investigation from ADM. He was reluctant, unwilling, and refused to answer specific question.
Review of the facility's undated policy/procedure on abuse/neglect ` reflected:
Intent:
The facility will develop and operationalized policies and procedure for screening and training employees,
protection of residents and for the prevention, identification, investigation, and reporting of abuse, neglect,
mistreatment, and misappropriation of property: to include the use f physical or chemical restraint. The
purpose is to assure that facility is doing all is within its control to prevent occurrences.
Procedure:
Prevention:
1)
Provide residents, families and staff information on how and to whom they may report concerns, incidents
and grievances without the fear of retribution: and provide feedback regarding the concerns that have been
expressed.
2)
Identify, correct and intervene in situations in which abuse, neglect and/or misappropriation of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 8 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
resident property is more likely to occur.
Level of Harm - Immediate
jeopardy to resident health or
safety
This was determined to be an Immediate Jeopardy (IJ) on 7/27/23 at 4:05 pm. The Administrator and DON
were notified. The San [NAME] Nursing and Rehab was provided with the IJ template on 7/27/23 at 4:05
PM.
Residents Affected - Some
The following Plan of Removal was accepted on 7/28/23 at 4:25 PM and included:
Please accept the following Plan of Removal of Immediate Jeopardy-Failure to ensure residents are free
from abuse/neglect/exploitation.
The facility failed to ensure the residents are free from abuse and neglect.
1.
The facility's policies and procedures on abuse and neglect is the following: Ensure the resident is safe and
report the event to the abuse coordinator immediately. The Abuse coordinator will conduct a brief
investigation and report abuse or neglect to HHSC within two hours.
2.
On 7/23/23 at 2:22 AM the employee in question was suspended immediately pending investigation and
terminated on 7/23/23 at 8:03 PM after discovering evidence of him committing abuse to a resident.
3.
All current staff were in-serviced on abuse and neglect and reporting abuse or neglect policy and
procedures on 7/23/23. For those on vacation and cannot be reached, they will not return to work without
receiving this in-service.
4.
LVN B completed abuse and neglect in-service on 7/23/23. DON will provide 1:1 In-service, written
disciplinary actions, and LVN proficiency checkoff prior to LVN B working the floor again.
5.
Administrator and Designee received 1:1 in-service from Owner/Operator to cover reporting timeframes.
6.
The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse and neglect
are completed by all staff members. Completion will be reviewed at monthly QAPI meetings.
7.
DON/Designee will re-educate the charge nurses on their ability to suspend any employee who is
suspected of committing abuse or neglect to a resident or employee will be suspended immediately and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 9 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
escorted out of the building and off the premises pending investigation. This will be completed on 7/28/23.
Level of Harm - Immediate
jeopardy to resident health or
safety
8.
DON/Designee reviewed hall assignments to verify where the CNA and LVN were assigned to and
conducted a head-to-toe assessment on all residents they cared for on 7/22/23 and 7/23/23.
Residents Affected - Some
9.
Complete a resident safe survey on all current residents to ensure they feel safe and free from abuse or
neglect by 7/28/23.
10.
On 7/27/23, safe surveys were conducted on hall 100 and halls 200,300,400 were completed on 7/28/23.
Starting 7/31/23, DON/SW will conduct 10 random safe surveys a week for 3 weeks for the residents to
ensure that they continue to feel safe and well taken care of. Findings will be discussed at weekly
Committee Meetings and at monthly QAPI Meetings.
11.
The residents 1 and 2 who suffered the alleged abuse care plan was not updated or changed due to them
discharging and the family placing them in another facility.
12.
All possibly affected residents have had care plans updated to reflect potential risk for alteration in mood
state and psychosocial well-being related to the alleged incident of abuse in their environment.
13.
Prior reportable incidents were reported within the guidelines set forth by HHSC and the Administrator
monitored the completion of the investigation.
14.
Any staff member suspected of committing abuse/neglect will be suspended immediately and or terminated
depending on the outcome of the investigation.
15.
Staff who fail to report suspected abuse will be educated on the significance of reporting time and
disciplined accordingly.
16.
The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 10 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
neglect are completed by all staff members.
Level of Harm - Immediate
jeopardy to resident health or
safety
17.
Residents Affected - Some
The Administrator/Designee will monitor all reportable incidents and all reportable incidents will be reported
to the Corporate Compliance Officer immediately. All reportable will be discussed weekly at our Committee
Meeting.
18.
Starting 7/28/23 DON/Designee will conduct 10 random quizzes week for 3 weeks for staff to ensure they
are retaining the education on abuse and neglect and reporting procedures. Results will be reviewed during
the monthly QAPI meetings, and any incorrect answers will be corrected immediately on the spot. Progress
will also be monitored during weekly Committee Meetings.
19.
The Medical Director is both resident's physician and he is the one who gave the orders to send them to the
emergency room for evaluations.
20.
On 7/27/23, Administrator conducted an ad-hoc QAPI meeting to discuss the IJ and assign responsibilities.
21.
All adverse findings will be discussed at the QAPI meeting and necessary changes will be made at this
time.
22.
Residents not on 100 hall who may have been provided care by CNA or LVN were given the safe surveys
and will be included in the random safe surveys.
23.
All residents on 100 halls will be monitored for 72hrs post discovery of the incidents to ensure there is no
retaliation or emotional distress. DON will monitor this compliance.
24.
Medical Director was alerted of the IJ on 7/27/23 and Administrator personally spoke with him on 7/28/23 to
provide more detail.
During an interview on 7/28/23 at 3:25 PM Resident #6 stated that an employee came in this morning
around 9:15 and did ask her questions about abuse/neglect, if employees are nice to her, etc. She stated
she had good things to say for all questions, and it felt nice to have those questions asked to her because
they should be asked by staff occasionally.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 11 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
During an interview on 7/28/23 at 3:35 PM Resident #7 stated that a nurse, can't remember who did come
in this morning and speak with her and ask her questions on abuse/neglect. She stated it was nice to have
that asked to her because that really showed her that they care and want to change things.
During an interview on 7/28/23 at 3:45 PM Resident #8 stated that a nurse came in this morning and did
ask him about abuse neglect, he has never had any issues here before. He stated it was nice to hear the
facility ask these questions. He stated he likes the facility very much and has no issues with any employee
or resident.
During an interview on 7/28/23 at 3:55 PM Resident #9 stated she did have a nurse come through this
morning to check in on her. She stated the nurse asked questions such as has any employee been rude,
disrespectful, neglectful etc to you. She stated she said no. She stated she has never really had an issue
with any nurse or another resident. She stated that the facility overall seems very good to her.
Record review of QAPI meeting notes/in-service regarding IJ conducted on 7/27/23 at 9:30 AM confirmed
by AD. She stated that they did have a sit-down meeting to discuss all the IJ templates and a plan of
actions, this included abuse neglect in-services, safe surveys, quizzes, monitoring residents, and
background checks.
Record review of CNAA Corrective action form dated 7/23/23 employee was terminated due to abuse,
signed by administrator, and dated as verbal over the phone on 7/23/23 at 8:00 pm.
Record review of in-service dated 7/23/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by DON. In-service covered abuse and
neglect. Contents of training were: The abuse preventions coordinator is the administrator and I the
administrator cannot be reached; the backup contract is the DON. Their names and phone numbers are
posted on the board on 200 hall. If you see or suspect abuse or neglect happing, the first response is to
stop it and protect the resident. You must then immediately report to the abuse preventionist. The types of
abuse include physical, verbal, emotional, sexual, involuntary seclusion, misappropriation of funds, and
neglect or abandonment. Please respond to residents needs in an appropriate time manner. Be respectful
and talk to residents politely. Remember customer service is a priority.
Record review of in-service dated 7/27/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by Administrator and DON. Contents included
the fact that abuse or neglect must be reported to the abuse coordinator immediately. They should not wait
for someone else to report it. It is their responsibility to protect the residents of this facility. If they are unsure
about weather, it was a case of abuse or neglect-report it anyways! Protect your residents! It is your job as
the abuse coordinator to start the investigation ASAP-and report to state within 2 hours. Make sure staff is
aware that they must contact you directly and immediately. Make sure your number is posted with postings,
in the breakroom, at the nurse's station, in therapy, in the kitchen-everywhere. If at any time they cannot
reach you, they should be instructed to call the DON. Make yourself heard.
During an interview on 7/28/23 at 4:15 PM DON stated multiple Care quizzes have been given to multiple
employees who attended both in-services. She stated that she has been reviewing the quizzes and all
employees have no missed one question. She stated the Medical Director was contacted on 7/27/23
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 12 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
regarding the incidents that occurred and the IJ being called in the facility. She stated that LVNB completed
abuse and neglect in-service on 7/23/23. DON will provide 1:1 In-service, written disciplinary actions, and
LVNB proficiency checkoff prior to LVNB working the floor again. DON stated in-service has been
completed at 7/23/23 and a write up documentation. LVNB came in 7/27/23 to go over proficiencies. She
stated that on 7/27/23 she and the administrator received 1:1 in-service from [NAME], Owner/Operator to
cover reporting timeframes.
Residents Affected - Some
Record review of a completed resident safety survey dated 7/28/23 on all current residents to ensure they
feel safe and free from abuse or neglect by 7/28/23. safe surveys were conducted on hall 100 and halls
200, 300, 400 were completed on 7/28/23. Starting 7/31/23, DON/SW will conduct 10 random safe surveys
a week for 3 weeks for the residents to ensure that they continue to feel safe and well taken care of.
Findings will be discussed at weekly Committee Meetings and at monthly QAPI Meetings. Document
included questions such as, have you ever had or felt neglect/abused by any employee or other resident.
Record review of Care Quiz revealed all staff that had attended both in-services on 7/28/23 were provided a
Care Quiz to complete. Care quiz completed by LVNJ; all answers answered correctly. No issues. Care quiz
was created with questions that were from both in-services.
Observation three sampled residents (Resident #3, #4 and #5) revealed no signs of pain or abuse. They
appear to be carrying their activities of daily living with incident. They said they felt safe and denied abuse
staff or other residents.
Interviews regarding abuse and neglect training and reporting on 07/28/23 at 3:25p.m through 5: 00p.m
revealed no concerns with staff knowledge. Staffs interviewed were representative of various facility shifts.
They were able to provide knowledge and participation of training regarding abuse/neglect in-services and
training. The following staffs were interviewed on 07/28/23: LVN A, LVNB, ADON C, ADON D, HRE, CNA F,
CNA G, CNA H, LVN I, LVN J, LVNK, CNA L, CNA M, Social Worker, and CNA N. They were
knowledgeable of types of abuse/neglect and should report any abuse allegations to charge nurse of
resident immediately and to the ADM. They all knew Administrator was the Abuse prevention coordinator
with DON as the backup if not able to reach ADM. They knew how to get hold of ADM and DON if not in the
facility at time.
Interview with LVNB (100 hall) on 07/28/23 at 4:30 PM revealed she was in-serviced on 07/25/23 and
07/28/23 on abuse/neglect and reporting. She was asked what she would have done differently looking
back at the incident with Resident #1 and Resident#2, and she stated she would follow protocol and
nursing judgement and reported the incident immediately. She stated she was terrified on what CNAA could
have done to her for reporting her observation.
On 07/28/23 at 4:25p.m, the Administrator was notified the IJ was removed. While the IJ was removed on
7/28/23, the facility remained out of compliance at a severity level of actual harm with the potential for more
than minimal harm that is not immediate jeopardy, and a scope of pattern because the facility had not had
the opportunity to monitor the effectiveness of the Plan of Removal.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 13 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review, the facility failed to ensure that all alleged violations involving
abuse, neglect, exploitation, or mistreatment, including injuries of unknown source, are reported
immediately, but no later than 2 hours after the allegation is made, if the events that cause the allegation
involve abuse or result in serious bodily injury, for 2 of 4 residents (Resident #1 and #2) reviewed for
neglect.
1) LVN B failed to report physical abuse of Resident #1 after witnessing CNA A 's rough actions with the
resident during incontinent. Resident #1 was transferred to the hospital with diagnosis of left ear
lacerations, left shoulder abrasion and laceration, a hematoma (localized bleeding) on the right and left
abdomen, hematoma (localized bleeding) on the left leg, skin tear on the left forearm and a bruise on the
foreskin of his penis.
2) The ADM failed to report serious and multiple injuries on Resident #1 to Police or State Agency. ADON C
notified the ADM on 07/23/23 at 1:39a.m. The ADM did not report the incident until 11:28p.m which was
more than 9 hours later.
3) The ADM failed to report to the Police, State agency physical abuse of Resident #2 after he was made
aware of the incident. LVN A notified the ADM on 07/23/23 at 1:00a.m. The ADM did not report the incident
until 12:03 more than 10 hours later.
This failure resulted in an identification of an Immediate Jeopardy (IJ) situation on 07/27/23 at 4:05p.m.
While the IJ was removed on 07/28/23 at 4:25p.m, the facility remained out of compliance at a severity level
of actual harm, and a scope identified as pattern due to the facility's need to complete in-service training
and evaluate the effectiveness of the corrective actions.
These failures could place all the residents, who resided in the facility, at risk for abuse and mental anguish.
Findings included:
Review of Resident #1's face sheet dated 07/24/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. The diagnoses included vascular dementia (impaired blood flow to brain)
acute and respiratory failure, chronic obstructive pulmonary disease (breathlessness and cough), personal
history of covid-19, bipolar disorder (mental disorder), benign prostatic hyperplasia (enlarged prostate), and
insomnia (sleep disorder), schizophrenia (mental disorder), osteoarthritis (degenerative joint disease),
dysarthria and anarthria (impaired speech) and major depressive disorder (loss of interest).
Review of the MDS assessment dated [DATE] for Resident #1 revealed he has a brief interview for mental
status (BIMS) score of 1 indicating cognitive severe impairment. Resident has minimum difficulty hearing
with unclear speech. He usually understands but with impaired vision. Resident #1 required extensive
assistance with most ADLs and transfer. He was frequently incontinent of bowel and bladder.
Review of Resident #1's Care Plan dated 06/28/22 reflected Resident #1 has a communication problem
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 14 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
related vascular dementia and schizophrenia. His speech is unclear and very soft spoken. The goal will be
able to make basic needs known on daily basis through review. Interventions includes the following:
1) Allow adequate time to respond. Repeat as necessary. Do not rush. Request clarification from resident to
ensure understanding. Face when speaking. Make eye contact. Turn off TV/radio to reduce environmental
noise. Ask yes/no questions if appropriate. Use simple, brief, consistent words/cues. Use alternative
communication tools as needed.
2) Monitor/document for physical/nonverbal indicators of discomfort and distress and follow up as needed.
3) Encourage resident to continue stating thoughts even if resident is having difficulty. Focus on words or
phrase that make sense or responds to the feeling resident is trying to express.
Record review of the hospital records for Resident #1 dated 07/23/23 reflected, Pt. was brought to ED via
EMS w/c/o (with complain) AMS (altered mental status) and potential physical abuse. Is non-verbal.
Responsive to pain. W/(with) lacerations on left ear, skin tear on the left forearm, bruises and lacerations on
the left shoulder, bruises and abrasions on the left leg, bruises on the foreskin of the penis and hematoma
on the right and left upper abdominal area
Per EMS, staff member(s) from the patient's nursing home refused to provide details regarding the patient's
condition. They did state the patient did not fall, and internal injuries had to be ruled out. Of note, two other
patients from the same nursing home were also brought to the same ED today, at least one to rule out
internal injury as well.
Review of nurse's notes dated 07/22/23 documented by LVN A reflected, upon entering the resident's room,
the resident presented laying in a supine position with eyes open, alert, and oriented to person. Resident
#1 was looking up at floor CNA, CNA A, who was clearing off the resident's ear with a wipe. The resident's
ear was noticeable bleeding from moderately sized cut on lower left earlobe. This nurse asked the floor
CNA, what happened? CNA A responded, I don't know.
During an interview with LVNB on 07/25/23 at 1:47p.m, she said she was working on hall 100 where
Resident #1 and Resident #2 were residing. On 07/18/23, she was working with CNA A who threatened
her. She explained CNA A told her, he was going to kidnap her, put chloroform on her face, take her to
secluded place, rape, dismember her, put her in a car trunk and throw her in the River. LVN B stated she
was scared to death because of the tone and his look when he was talking. She immediately informed LVN
A who was changing shift with her. LVN B said LVNA was just as scared and notified the ADM immediately.
She explained the ADM did not take any action. He did not talk to her or LVNA after the report. The ADM
did not investigate, suspend, or terminate CNA A employment. CNA A was still on schedule working with
her. A few days after his threat, LVNB said CNAA pulled a knife in the break room on her. She screamed but
nobody heard her. She was convinced CNA A was going to hurt or kill her and her 2 kids. She was terrified
and looking over her shoulders with sleepiness nights looking to see if CNA A would come to attack
knowing he knew where she lives. On 07/23/23 at about 11:00p.m, she walked into Resident #1's room and
saw CNA A cleaning the resident's bleeding earlobe. She asked him what happened. CNAA responded I
don't know. LVNB stated Resident #1 looked like he was in WWF fight. She said Resident #1's wounds were
new and fresh because she took care of him less than 24 hours earlier. She was horrified and terrified of
CNA A and did not immediately report the incident. She told LVNA what she saw. LVNB notified the ADON
C who instructed her to transfer the resident to the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 15 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
hospital. LVNB explained ADM was notified. The ADM informed them not to send Resident #1 to the
hospital but to call Hospice nurse to do an assessment. LVNB said she took the advice of ADON C and
transferred Resident #1 to hospital for evaluation and treatment because Resident #1's wound was serious.
She noted CNA A was asked to write a statement and sent home. LVNB stated CNA A continued to say he
didn't know what happened. She believed CNA A did something to the resident because he was the only
aide assigned to that hall. Meanwhile, she went to the police to report the threat on her life by CNA A since
ADM was not doing anything. The police wanted to come to the facility that night to watch the videos but the
ADM told them wait till the morning because it was too late at night for him.
During interview with ADON C on 07/27/23 at 10:58a.m. she said she notified the ADM on 07/23/23 at 1:39
a.m. that Resident #1 was found with serious injury. ADON C explained the ADM wanted her to notify
hospice agency and not send Resident #1 to the hospital. She exercised nursing judgement and instructed
LVNB to transfer Resident#1 to the hospital because of his serious injury including a bleeding earlobe. She
noted the picture of the earlobe was sent to her by LVNB.
In another interview with LVNB on 07/27/23 at 10:05a.m she stated on 07/22/23 at 11: 15p.m LVNB entered
Resident #1's room. LVN B saw CNA A cleaning Resident #1's bleeding earlobe. LVNB stated when asked
multiple times to CNA A what happened. CNA A would only reply, I don't know. LVNB stated CNA A was the
only aide assigned to that hall all night and the wounds look fresh. LVNB asked Resident #1 what
happened, Resident #1 made a motion with hands, like he got into a fight. LVN B asked Resident #1 who
he got in a fight with, he pointed to CNA A
In an Interview with HR E on 07/26/23 at 9:30a.m, she said she was the Human Services Director and has
been employed in the facility for 8 months. On 07/18/23, she was notified by LVNA that CNA A threaten to
rape and throw LVNB in the river. HR E explained she went with LVNA to ADM office to talk to him about
the incident. She said she was not aware if ADM talked to LVNB or CNA A. Surveyor asked the facility
protocol when an employee threaten another.HR E stated she informed ADM and did not talk to LVNB or
CNA A. She went on to say she did not know if ADM investigated or reported the incident.
Review of Resident #2's face sheet dated 07/25/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. The diagnoses included senile degeneration of the brain, dementia
(impaired blood flow to brain), Aphasia (Communication disorder), dysphagia (language disorder),
contractures (chronic loss of joint motion), heart failure, seizures), osteoarthritis (degenerative joint
disease), and pulmonary embolism (blood clot in the lungs).and depressive disorder (loss of interest).
Review of the MDS assessment dated [DATE] for Resident #2 revealed an incomplete brief interview for
mental status (BIMS). Resident has minimum difficulty hearing with unclear speech. He rarely/never
understands but with adequate vision. Resident #1 has no documented behavioral issues.
In an interview with the RP on 07/25/23 at 11:05a.m, she said she was the family member to Resident #2.
She explained she had videos where a staff member was physically abusing her Resident #2. She said she
wanted to send me a statement to include I my report to ensure all areas of Resident #2's experienced was
covered. Surveyor said it was ok. The following was her statement:
My name is RP, (Resident #2) is a resident at (facility) nursing & rehab nursing home. On July 23rd I
watched the video from the camera that I have currently in his room at the facility. The camera showed that
a CNA A that works there is being rough with Resident #2 assaulting him while he's
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 16 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
changing him and changing his sheets being very mean to him also fighting with the nurse that was in
there. Her name was (LVN B). She's an RN. She tells him he needs to he's going to get fired. He said they
won't get fired. He holds Resident #2 down putting pressure on his arms as well as while he's changing
him, he throws him around back-and-forth on the bed. Resident #2 hit his head on the rail of the bed twice
Resident #2 is resisting as he's doing this .but he doesn't speak much he is mostly nonverbal. After I see
this video, I call the nursing facility and speak to the nurse LVN B and ask her to check Resident #2 out and
assess him to make sure that he didn't have any sores. She finds bruises on him on his forearms and his
wrists as well as spot on his arm that was bleeding, they sent him to the ER to be fully checked out once he
gets to the hospital, they call me and say that they can keep him until we find another place for him to go. I
do not want him going back to facility Nursing in Rehab because this is the second time that he's been
assaulted by a CNA in the three years that he's been there. The nurse tells me the ADM phone number and
I give him a call. His name is ADM. He answers the phone and he's mad that I have his personal number
and rude to me on the phone and downplayed the situation as if it wasn't that big of a deal said that he
already complained to the state And tells me I guess you can call the cops if you want. I called the police
they come to my house and they watched the video and then another cop comes and then they watch the
video and other cop comes so they seem to think it was serious what the guy was doing to my Resident #2.
They have an open investigation against this guy and I learned that another family had the exact
experience as well with their family member at the nursing home. I'm not sure of their names but there's
another family that had their family member go to the hospital too. Last night I began looking at the tape
from the last couple weeks at the nursing home of the nights that this guy CNA A worked, and there's more
videos.he has done us to Resident #2 several times several different occasions several different nights. In
another video that I found he wedges Resident #2 's whole arm in between the mattress and the rail of the
bed and puts his knee on it so that Resident #2 can't get it out and proceeds to keep changing Resident #2
pamper. Resident #2 is fighting him and resisting at the same time, he also is antagonizing him verbally as
he's doing all this ripping the sheets off at one point, he puts the sheets over Resident #2 's face. Resident
#2 seems so scared and confused in the video. You can see Resident #2 's hand shaking he's so scared. I
have turned in the rest of the videos into the police and hopefully they complete their investigation soon. I
had emailed the local Ombudsman here in San [NAME] and he just called me this morning and told me to
write this all out in an email and send it to y'all. This nursing home needs to be investigated. I wonder what
type of screening they do before they hire people especially CNA 's. This is the second time that this is
happened in three years that my Resident #2 has been there, and it is uncalled for and inappropriate on all
levels. The videos might be too long for me to email to you as an attachment but I will send a few
screenshots of some of the videos. Please feel free to contact me if you have any questions Resident 32 is
currently at the hospital staying there until I figure out what nursing home, I'm going to have to switch him
to, this is very unfortunate that I have to move him because of what another person caused. He has
dementia & is disabled and it's very hard for him to adjust when you move him. The guy ADM is a fill in
ADM from when old ADM quit .he doesn't do a whole lot. There are multiple videos I submitted to the police
for evidence this is just a few.
Record review of the Police report #2023009117 dated 07/23/23 by OFFZ reflected, I, Officer [NAME], D65
was dispatched to hospital for an assault. Upon arriving, I located the charge nurse, RN R, who had called
dispatch. RN R stated that she had received three patients from (facility) Nursing and Rehab today. Two
patients Resident #1 and Resident #2 who had come in with minimal information as to cause of injuries
being told to Paramedics to relay to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 17 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
the ER for further medical care. RN R stated that Resident #! had a broken back and broken ribs
discovered from x-rays in addition to other injuries. RN R stated that Resident #1 was admitted due to the
extent of injuries. RN R did not have much information about Resident #2 other than the (Facility} Nursing
and Rehab had sent him to get checked out for internal injuries due to Resident #2 having a feed tube in
his side. I was also provided information for Resident #3 that RN R believed to be related to the incidents
with Resident #1 and Resident #2. I gathered RN R's information and the which medics transported
Resident #1, Resident #2 and Resident #3. I then called Sgt. PO S with what I had gathered so far to get
advise on how to proceed. I then went to Station 2 to speak with Medic 2 Crew. Medic 2 paramedics stated
that staff mentioned incidents but did not go into detail. The Paramedics stated that they did not believe that
Resident #3 was involved in the incidents. As she had been to the ER the prior night for a broken arm and
was not discharged till later in the morning from what they had told as she had overdosed on her
medication. I then went to Station 7 to speak with Medic 7 crew who transported both Resident #1 and
Resident #2 nursing facility to the hospital. When I arrived and talked with the paramedics one stated that
while he was trying to gather information on how the injuries had occurred for Resident #1 that staff did not
want to say due to legal reasons telling him to label it as internal injuries. The paramedic then stated that for
Resident #1 when they arrived the staff was not open to discussing how Resident #1 was injured as they
would typically tell the paramedics if the residents had been combative or had fought another resident but
that this was the case this time. After speaking with the crew of Medic 7 I called PO S again to inform him of
what the paramedics had told me before heading to facility Nursing and Rehab at the address. After
arriving, I spoke with staff who gave me the phone numbers for the DON Staff also stated that Resident #3
was not related to the incidents as she was in a separate hall. I then went out to my vehicle to call (DON) as
she was not present the facility. DON stated that she was aware of two incidents that had occurred in the
early hours of 07/24/2023 but did not have a lot of the details as she had been notified by the ADM. I
gathered her information while she informed me that one of the family members had video of one incident
that occurred. DON directed me to talk ADM as he had was going to investigate the incidents. I then went
back inside the nursing facility and got the phone number for ADM before returning to my vehicle to call
ADM. ADM stated that he had been notified by staff somewhere between 0200 to 0245 in which a CNA A
was placed on suspension pending termination from employment. I gathered the information that ADM had
on file for CNA A. I then asked ADM what their policy or procedure was for incidents like this and why did
they not call the Police or other agency in regard to the incidents to this point. ADM stated that it was up to
staff to contact authorities. I finished speaking with ADM when a priority called drop close by in which I
cleared from the call to return to service . I then went inside were Officer PO U was talking to LVNB about
threats that CNA A had made to her, Case 20230009126. i then went back outside and began to type my
report watching in case CNA A decided to return to the facility as LVN B was afraid of retaliation from CNA
A. Once Det. PO V arrived, I assisted him by telling him details that I had been told before he began to
interview staff that was present in the facility at the time of the incidents. A staff member showed us
Resident #1's and Resident #2's rooms which I took photos of starting from the hall working my way inside
to where their beds are located. I then attempted to located Resident #1 dirty linens from that night but they
had already been washed and did not have any visible stains remaining on his shirt or sheets. I then
attempted to locate disposable wipes that LVN B had seen CNA A use to clean up blood from Resident #1
in the dumpster but was unsuccessful. I then waited near Det. PO V and Det. PO X till they had interviewed
all the staff present. I then cleared from the call and returned to service. I
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 18 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
later uploaded photos taken to [NAME] Database at a later time.
Level of Harm - Immediate
jeopardy to resident health or
safety
In an attempted interview with CNA A on 07/25/23 at 4:49p.m, he confirmed he was working on hall 100.
CNA A said he took care of Residents #1 and #2 on hall 100. He was asked if he had a chance to talk to
ADM, he said he had not. CNA A hanged up the phone. Several attempts to reconnect with CNA A came
with voice message that the phone was out of service.
Residents Affected - Some
During interview with Administrator (ADM) on 07/26/23 at 9:54a.m, he confirmed the following:
1) Received video recording from RP showing CNA A physically harming Resident #2
2) LVNB and LVNA notified him of rape threat by CNA A
3) ADON C, LVNA, LVNB notified him of physical abuse of Resident #1 and Resident #2 by CNA A
4) Aware Resident #1 sustain multiple injuries.
5) Did not talk to CNA A about the rape issue or the incidents of physical abuse of Resident #1 and
Resident #2
6) Denied not reporting on time.
Surveyor tried without success to get some questions answered or timeline on the information during the
investigation from ADM. He was reluctant, unwilling, and refused to answer specific question.
Review of intake investigation worksheet dated 07/23/23 referencing Resident #1 incident was received and
created at 11:28a.m about 9 hours after the Incident was reported to ADM.
Review of the facility's policy/procedure on abuse/neglect undated reflected:
Intent:
The facility will develop and operationalized policies and procedure for screening and training employees,
protection of residents and for the prevention, identification, investigation, and reporting of abuse, neglect,
mistreatment, and misappropriation of property: to include the use f physical or chemical restraint. The
purpose is to assure that facility is doing all is within its control to prevent occurrences.
Procedure:
Reporting/Response:
1) Report all alleged violations and all substantiated incidents to the state agency and to all other agencies
as required, and take all necessary corrective actions depending on the result of the investigation
2) Report to State nurse aide registry or licensing authorities any knowledge I has of any actions by a court
of law which would indicate an employee is unfit foe service .
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 19 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
This was determined to be an Immediate Jeopardy (IJ) on 7/27/23 at 4:05 pm. The Administrator and DON
were notified and were provided with the IJ template on 7/27/23 at 4:05 PM.
Level of Harm - Immediate
jeopardy to resident health or
safety
The following Plan of Removal was accepted on 7/28/23 at 4:25 PM and included:
Residents Affected - Some
Please accept the following Plan of Removal of Immediate Jeopardy-Failure to ensure residents are free
from abuse/neglect/exploitation.
The facility failed to ensure the residents are free from abuse and neglect.
1. The facility's policies and procedures on abuse and neglect is the following: Ensure the resident is safe
and report the event to the abuse coordinator immediately. The Abuse coordinator will conduct a brief
investigation and report abuse or neglect to HHSC within two hours.
2. On 7/23/23 at 0222 the employee in question was suspended immediately pending investigation and
terminated on 7/23/23 at 8:03 after discovering evidence of him committing abuse to a resident.
3. All current staff were in-serviced on abuse and neglect and reporting abuse or neglect policy and
procedures on 7/23/23. For those on vacation and cannot be reached, they will not return to work without
receiving this in-service.
4. LVN B completed abuse and neglect in-service on 7-23-23. DON will provide 1:1 In-service, written
disciplinary actions, and LVN proficiency checkoff prior to LVN B working the floor again.
5. Administrator and Designee received 1:1 in-service from [name], Owner/Operator to cover reporting
timeframes.
6. The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse and neglect
are completed by all staff members. Completion will be reviewed at monthly QAPI meetings.
7. DON/Designee will re-educate the charge nurses on their ability to suspend any employee who is
suspected of committing abuse or neglect to a resident or employee will be suspended immediately and
escorted out of the building and off the premises pending investigation. This will be completed on 7/28/23.
8. DON/Designee reviewed hall assignments to verify where the CNA and LVN were assigned to and
conducted a head-to-toe assessment on all residents they cared for on 7/22/23 and 7/23/23.
9. Complete a resident safe survey on all current residents to ensure they feel safe and free from abuse or
neglect by 7/28/23.
10. On 7/27/23, safe surveys were conducted on hall 100 and halls 200,300,400 were completed on
7/28/23. Starting 7/31/23, DON/SW will conduct 10 random safe surveys a week for 3 weeks for the
residents to ensure that they continue to feel safe and well taken care of. Findings will be discussed at
weekly Committee Meetings and at monthly QAPI Meetings.
11. The residents 1 and 2 who suffered the alleged abuse care plan was not updated or changed due to
them discharging and the family placing them in another facility.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 20 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
12. All possibly affected residents have had care plans updated to reflect potential risk for alteration in
mood state and psychosocial well-being related to the alleged incident of abuse in their environment.
13. Prior reportable incidents were reported within the guidelines set forth by HHSC and the Administrator
monitored the completion of the investigation.
14. Any staff member suspected of committing abuse/neglect will be suspended immediately and or
terminated depending on the outcome of the investigation.
15. Staff who fail to report suspected abuse will be educated on the significance of reporting time and
disciplined accordingly.
16. The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse and
neglect are completed by all staff members.
17. The Administrator/Designee will monitor all reportable incidents and all reportable incidents will be
reported to the Corporate Compliance Officer immediately. All reportable will be discussed weekly at our
Committee Meeting.
18. Starting 7/28/23 DON/Designee will conduct 10 random quizzes week for 3 weeks for staff to ensure
they are retaining the education on abuse and neglect and reporting procedures. Results will be reviewed
during the monthly QAPI meetings, and any incorrect answers will be corrected immediately on the spot.
Progress will also be monitored during weekly Committee Meetings.
19. The Medical Director is both resident's physician and he is the one who gave the orders to send them to
the emergency room for evaluations.
20. On 7/27/23, Administrator conducted an ad-hoc QAPI meeting to discuss the IJ and assign
responsibilities.
21. All adverse findings will be discussed at the QAPI meeting and necessary changes will be made at this
time.
22. Residents not on 100 hall who may have been provided care by CNA or LVN were given the safe
surveys and will be included in the random safe surveys.
23. All residents on 100 halls will be monitored for 72hrs post discovery of the incidents to ensure there is
no retaliation or emotional distress. DON will monitor this compliance.
24. Medical Director was alerted of the IJ on 7/27/23 and Administrator personally spoke with him on
7/28/23 to provide more detail.
Monitoring of the facility's Plan of Removal through observation, interview and record from 07/28/23 at 2:
52p.m to 07/28/23 at 5: 15p.m revealed no concerns.
During an interview on 7/28/23 at 3:25 PM Resident #6 stated that an employee came in this morning
around 9:15 and did ask her questions about abuse/neglect, if employees are nice to her, etc. She stated
she had good things to say for all questions, and it felt nice to have those questions asked to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 21 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
her because they should be asked by staff occasionally.
Level of Harm - Immediate
jeopardy to resident health or
safety
During an interview on 7/28/23 at 3:35 PM Resident #7 stated that a nurse, can't remember who did come
in this morning and speak with her and ask her questions on abuse/neglect. She stated it was nice to have
that asked to her because that really showed her that they care and want to change things.
Residents Affected - Some
During an interview on 7/28/23 at 3:45 PM Resident #8 stated that a nurse came in this morning and did
ask him about abuse neglect, he has never had any issues here before. He stated it was nice to hear the
facility ask these questions. He stated he likes the facility very much and has no issues with any employee
or resident.
During an interview on 7/28/23 at 3:55 PM Resident #9 stated she did have a nurse come through this
morning to check in on her. She stated the nurse asked questions such as has any employee been rude,
disrespectful, neglectful etc to you. She stated she said no. She stated she has never really had an issue
with any nurse or another resident. She stated that the facility overall seems very good to her.
Record review of QAPI meeting notes/in-service regarding IJ conducted on 7/27/23 at 9:30 AM confirmed
by AD. She stated that they did have a sit-down meeting to discuss all the IJ templates and a plan of
actions, this included abuse neglect in-services, safe surveys, quizzes, monitoring residents, and
background checks.
Record review of CNA A Corrective action form dated 7/23/23 employee was terminated due to abuse,
signed by administrator, and dated as verbal over the phone on 7/23/23 at 8:00 pm.
Record review of in-service dated 7/23/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by DON. In-service covered abuse and
neglect. Contents of training were: The abuse preventions coordinator is the administrator and I the
administrator cannot be reached; the backup contract is the DON. Their names and phone numbers are
posted on the board on 200 hall. If you see or suspect abuse or neglect happing, the first response is to
stop it and protect the resident. You must then immediately report to the abuse preventionist. The types of
abuse include physical, verbal, emotional, sexual, involuntary seclusion, misappropriation of funds, and
neglect or abandonment. Please respond to residents needs in an appropriate time manner. Be respectful
and talk to residents politely. Remember customer service is a priority.
Record review of in-service dated 7/27/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by Administrator and DON. Contents included
the fact that abuse or neglect must be reported to the abuse coordinator immediately. They should not wait
for someone else to report it. It is their responsibility to protect the residents of this facility. If they are unsure
about weather, it was a case of abuse or neglect-report it anyways! Protect your residents! It is your job as
the abuse coordinator to start the investigation ASAP-and report to state within 2 hours. Make sure staff is
aware that they must contact you directly and immediately. Make sure your number is posted with postings,
in the breakroom, at the nurse's station, in therapy, in the kitchen-everywhere. If at any time they cannot
reach you, they should be instructed to call the DON. Make yourself heard.
During an interview on 7/28/23 at 4:15 PM DON stated multiple Care quizzes have been given to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 22 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
multiple employees who attended both in-services. She stated that she has been reviewing the quizzes and
all employees have no missed one question. She stated the Medical Director was contacted on 7/27/23
regarding the incidents that occurred and the IJ being called in the facility. She stated that LVNB completed
abuse and neglect in-service on 7/23/23. DON will provide 1:1 In-service, written disciplinary actions, and
LVNB proficiency checkoff prior to LVN B working the floor again. DON stated in-service has been
completed at 7/23/23 and a write up documentation. LVNB came in 7/27/23 to go over proficiencies. She
stated that on 7/27/23 she and the administrator received 1:1 in-service from Owner/Operator to cover
reporting timeframes.
Record review of a completed resident safety survey dated 7/28/23 on all current residents to ensure they
feel safe and free from abuse or neglect by 7/28/23. safe surveys were conducted on hall 100 and halls
200, 300, 400 were completed on 7/28/23. Starting 7/31/23, DON/SW will conduct 10 random safe surveys
a week for 3 weeks for the residents to ensure that they continue to feel safe and well taken care of.
Findings will be discussed at weekly Committee Meetings and at monthly QAPI Meetings. Document
included questions such as, have you ever had or felt neglect/abused by any employee or other resident.
Record review of Care Quiz revealed all staff that had attended both in-services on 7/28/23 were provided a
Care Quiz[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 23 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Respond appropriately to all alleged violations.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interview and record review revealed the facility failed to, in response to allegations of abuse,
thoroughly investigate the alleged abuse for one (Residents #1) of 4 residents reviewed for resident abuse.
Residents Affected - Some
1) The facility failed to thoroughly investigate an incident of physical abuse of Resident #1 when LVN B
observed rough action by CNA A while providing incontinent care to o Resident #1.
2) The facility failed to thoroughly investigate an incident of physical abuse of Resident #2 by CNA A. On
07/23/23 at 10:00a.m, ADM was informed by LVNB and RP of video recording of physical abuse of
Resident #2. There was no call to police, State agency, no safe surveys/assessment/interviews with
residents/staffs until IJ was called.
3) The facility failed to thorough investigate an incident of abuse of Resident #1 by CNA A. On 07/23/23 at
1:39a.m, ADM was informed by ADON C of Resident #1 injuries. CNA was not suspended until 2:22a.m
and not terminated until 8:00p.m. The ADM did not call police and did not want Resident #1 sent out to the
hospital, but wanted the hospice nurse called instead. The other residents were not assessed or
interviewed.
This was determined to be an Immediate Jeopardy (IJ) on 7/27/23 at 2:30pm. The Administrator and DON
were notified and were provided with the IJ template on 7/27/23 at 2:30 PM. On 07/28/23 at 4:25p.m, the
Administrator was notified the IJ was removed. While the IJ was removed on 7/28/23, the facility remained
out of compliance at a severity level of actual harm with the potential for more than minimal harm that is not
immediate jeopardy, and a scope of pattern because the facility had not had the opportunity to monitor the
effectiveness of the Plan of Removal.
The failures could place residents involved in abuse incidents at risk of continued abuse, further injury, pain,
and physical and emotional distress.
Findings included:
Review of Resident #1's face sheet dated 07/24/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. The diagnoses included personal history of covid-19, bipolar disorder
(mental disorder), benign prostatic hyperplasia (enlarged prostate), and insomnia (sleep disorder),
schizophrenia (mental disorder), osteoarthritis (degenerative joint disease), dysarthria and anarthria
(impaired speech) and major depressive disorder (loss of interest), vascular dementia (impaired blood flow
to brain) acute and respiratory failure, chronic obstructive pulmonary disease (breathlessness and cough)
and depressive disorder (loss of interest).
Review of Resident #1's Significant MDS assessment dated [DATE] reflected Resident #1 had a BIMS of 1
indicating severe cognitive impairment. Resident #1 required extensive assistance with most ADLs except
personal hygiene. Resident #1 was frequently incontinent of bowel and bladder.
Review of Resident #1's undated comprehensive care plan reflected Resident #1's ADL self- care
performance deficit related to confusion, dementia, severe cognitive impairment, physical mobility, muscle
wasting and atrophy, unawareness of needs. He uses wheelchair for mobility on and off the unit.
Interventions included to encourage the resident to participate to the fullest extent possible with
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 24 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
each interaction.
Level of Harm - Immediate
jeopardy to resident health or
safety
Review of hospital records for Resident #1 dated 07/23/23 reflected, This nurse spoke with (facility), they
stated that patient is brought in due to PHY's request due to potential abuse allegations, and the need to
check for internal bleeding. They stated that patient prior to is a X2 assist to his wheelchair, but can freely
move himself in the wheelchair, can feed himself (mechanical soft diet) and take his medications. Pt. uses 3
liters of oxygen via NC. Pt. has multiple wounds in various stages of healing, however, new ones per
nursing home nurse include left shin, left chest, left ear, and left forearm. According to them, pt. did not fall
or have any signs of being combative. Hospice provider is following as patient is a patient of them for heart
failure. Pt. is known to be aphasic at times. Here pt. presents non-verbal, contracture, and with bipap
present. Family member, pt. MPOA notified of patient being in hospital. Family member states pt. does not
have any family in town, and her last visit with him was about a month ago. Care resuming.
Residents Affected - Some
Review of Police report #20230009126 reflected, Officer [NAME], D65 was dispatched to hospital for an
assault. Upon arriving, I located the charge nurse, (RN R), who had called dispatch. RN R stated that she
had received three patients from facility Nursing and Rehab today. Two patients (Resident #1 and Resident
#2) who had come in with minimal information as to cause of injuries being told to Paramedics to relay to
the ER for further medical care .
After speaking with the crew of Medic 7 I called Sgt. PO S again to inform him of what the paramedics had
told me before heading to facility at facility address. After arriving, I spoke with staff who gave me the phone
numbers for the DON. Staff also stated that RN R was not related to the incidents as she was in a separate
hall. I then went out to my vehicle to call (DON) she was not present the facility. (DON) stated that she was
aware of two incidents that had occurred in the early hours of 07/24/2023 but did not have a lot of the
details as she had been notified by the ADM. I gathered her information while she informed me that one of
the family members had video of one incident that occurred. DON directed me to talk ADM as he had was
going to investigate the incidents. I then went back inside the nursing facility and got the phone number for
ADM before returning to my vehicle to call ADM. (ADM) stated that he had been notified by staff
somewhere between 0200 to 0245 in which a CNA, CNA A was placed on suspension pending termination
from employment. I gathered the information that ADM had on file for CNA A. I then asked ADM what their
policy or procedure for incidents like this was and why did they not call the Police or other agency in
regards to the incidents to this point. ADM stated that it was up to staff to contact authorities. I finished
speaking with ADM when a priority called drop close by in which I cleared from the call to return to service.
During interview with LVNA on 07/25/23 at 10:54a.m, she said she received video recording from RP
showing physical abuse of Resident #2 by CNA A. She immediately notified ADM. She explained ADM did
not tell her to call police or notified them himself. She felt there was no urgency on ADM's part to investigate
or notify police considering the seriousness of the abuse and what the video recording showed. LVNA
noted ADM had the same altitude of indifference when she reported to him that CNA A threaten to rape
LVNB and throw her in the river. He did not investigate or suspend or terminate CNA A employment. LVNA
said CNA A continued to work which led to physical abuse of Resident #1 and Resident #2 about 1 week
later.
In an attempted interview with CNA A on 07/25/23 at 4:49p.m, he confirmed he was working on hall 100.
CNA A said he took care of Residents #1 and #2 in the nursing. He was asked if he had a chance to talk to
ADM, he said he had not. CNA A hanged up the phone. Several attempts to reconnect came with voice
message that the phone was out of services.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 25 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
During interview with LVNB on 07/26/23 at 10:45a.m, she said she was working with CNA A on 07/18/23
when he threatens to rape her and throw in [NAME] River. She informed LVNA. She stated she and LVNA
reported the incident to ADM. She believes if ADM has investigated the incident, CNA A could not have
physically abuse Resident #1 on 07/22/23 and 07/22/23 about 1 week latter. On 07/22/23 at about
11:15p.m, she entered Resident #1's room. She saw CNA A cleaning Resident #1 earlobe because it was
bleeding. LVNB stated that when asked multiple times to CNA A what happened, CNA A would only reply, I
don't know. LVNB stated CNA A was the only CNA on that hallway all night and the wounds were fresh.
LVNB asked Resident #1 what happened, Resident #1 made a motion with his hands, like he got into a
fight. LVNB asked Resident #1 who he got in a fight with, and Resident #1 pointed at CNA A. LVNB
explained on 07/23/23, Resident #1 was found with left ear lacerations, left shoulder abrasion and
laceration, a hematoma on the right and left abdomen, hematoma on the left leg, skin tear on the left
forearm and a bruise on the foreskin of his penis. LVNB said ADM was the abuse coordinator and should
have investigated, suspended, or terminated CNA A employment to prevent his subsequent actions on
Resident #1.
During interview with Administrator (ADM) on 07/26/23 at 9:54a.m, he confirmed the following:
1) ADON C, LVNA, LVNB notified him of physical abuse of Resident #1 and Resident #2 by CNA A
2) Aware Resident #1 sustain multiple injuries.
3) Denied not reporting on time.
Surveyor tried without success to get some questions answered or timeline on the information during the
investigation from ADM. He was reluctant, unwilling, and refused to answer specific question.
In an Interview with HR E on 07/26/23 at 9:30a.m, she said she was the Human Services Director and has
been employed in the facility for 8 months. On 07/18/23, she was notified by LVNA that CNA A threaten to
rape and throw LVNB in the river. HR E explained she went with LVNA to ADM office to talk to him about
the incident. She said she was not aware if ADM talked to LVNB or CNA A. Surveyor asked the facility
protocol when an employee threaten another.HR E stated she informed ADM and did not talk to LVNB or
CNA A. She went on to say she did not know if ADM investigated or reported the incident.
During interview with DON on 07/26/23 at 9:06a.m, she said she was informed by LVNA that CNA A
threaten to rape LVNB and throw her to the river. She explained the ADM was informed by LVNA and HR E
about the incident before she was aware of the incident. The DON stated she assumed the ADM was
investigating the incident. She said she was aware that ADM did not talk to CNA A about the rape incident.
The DON stated the facility protocol was to investigate and talk to the parties involved. Remove the staff if
necessary and in-serviced is conducted. She said the ADM should have called CNA A and talk to him and
write a report and call Police when it was brought to his attention.
Review of Resident #2's face sheet dated 07/25/23 reflected the resident was a [AGE] year-old male
admitted to the facility on [DATE]. The diagnoses included senile degeneration of the brain, dementia
(impaired blood flow to brain), Aphasia (Communication disorder), dysphagia (language disorder),
contractures (chronic loss of joint motion), heart failure, seizures), osteoarthritis (degenerative joint
disease), and pulmonary embolism (blood clot in the lungs).and depressive disorder (loss of interest).
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 26 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
Review of the MDS assessment dated [DATE] for Resident #2 revealed an incomplete brief interview for
mental status (BIMS). Resident has minimum difficulty hearing with unclear speech. He rarely/never
understands but with adequate vision. Resident #1 has no documented behavioral issues.
In an interview with the RP on 07/25/23 at 11:05a.m, she said she was the Responsible party for Resident
#2. RP explained on 07/23/23, she watched video recording in the facility of CAN A physically abusing her
Resident #2 over several days (on 07/19/23 from 7: 06p.m-7: 18p.m, on 07/21/23 from 11: 44p.m-11: 48p.m,
on 07/22/23 from 7: 56p.m to 8:05p.m.). RP stated, the video recording revealed CNA A physically abusing
Resident #2 multiple times while providing incontinent care. She immediately notified LVNB and ADM. RP
explained ADM was rude and answered how she got his number and seems unconcerned with the welfare
of Resident #2. The ADM did not call Police or investigate her legitimate concerns about Resident #2
condition. RP said she reported the incident of Resident #2 abuse to the police. The RP noted Resident #2
was found with bruises by LVNB and transferred to the hospital for check of internal injuries.
Review of the facility's policy/procedure on abuse/neglect undated reflected:
Intent:
The facility will develop and operationalized policies and procedure for screening and training employees,
protection of residents and for the prevention, identification, investigation, and reporting of abuse, neglect,
mistreatment, and misappropriation of property: to include the use f physical or chemical restraint. The
purpose is to assure that facility is doing all is within its control to prevent occurrences.
Investigation:
Investigate different types of incidents; and identify the staff member responsible for the initial reporting,
investigation of alleged violations and reporting of results to the proper authorities.
An Immediate Jeopardy (IJ) was identified on 07/28/23 at 4:25 p.m. While the IJ was removed on 07/28/23,
the facility remained out of compliance at the severity level of actual harm that is not immediate jeopardy
and at a scope of pattern because the facility was still monitoring the Plan of Removal.
This was determined to be an Immediate Jeopardy (IJ) on 7/27/23 at 2:30pm. The Administrator and DON
were notified and were provided with the IJ template on 7/27/23 at 2:30 PM.
The following Plan of Removal was accepted on 7/28/23 at 3:05 PM and included:
Please accept the following Plan of Removal of Immediate Jeopardy-Failure to ensure residents are free
from abuse/neglect/exploitation.
The facility failed to ensure the residents are free from abuse and neglect.
1. The facility's policies and procedures on abuse and neglect is the following: Ensure the resident is safe
and report the event to the abuse coordinator immediately. The Abuse coordinator will conduct a brief
investigation and report abuse or neglect to HHSC within two hours.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 27 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
2. On 7/23/23 at 0222 the employee in question was suspended immediately pending investigation and
terminated on 7/23/23 at 2003 after discovering evidence of him committing abuse to a resident.
3. All current staff were in-serviced on abuse and neglect and reporting abuse or neglect policy and
procedures on 7/23/23. For those on vacation and cannot be reached, they will not return to work without
receiving this in-service.
Residents Affected - Some
4. LVN B completed abuse and neglect in-service on 7-23-23. DON will provide 1:1 In-service, written
disciplinary actions, and LVN proficiency checkoff prior to LVN B working the floor again.
5. Administrator and Designee received 1:1 in-service from [name], Owner/Operator to cover reporting
timeframes.
6. The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse and neglect
are completed by all staff members. Completion will be reviewed at monthly QAPI meetings.
7. DON/Designee will re-educate the charge nurses on their ability to suspend any employee who is
suspected of committing abuse or neglect to a resident or employee will be suspended immediately and
escorted out of the building and off the premises pending investigation. This will be completed on 7/28/23.
8. DON/Designee reviewed hall assignments to verify where the CNA and LVN were assigned to and
conducted a head-to-toe assessment on all residents they cared for on 7/22/23 and 7/23/23.
9. Complete a resident safe survey on all current residents to ensure they feel safe and free from abuse or
neglect by 7/28/23.
10. On 7/27/23, safe surveys were conducted on hall 100 and halls 200,300,400 were completed on
7/28/23. Starting 7/31/23, DON/SW will conduct 10 random safe surveys a week for 3 weeks for the
residents to ensure that they continue to feel safe and well taken care of. Findings will be discussed at
weekly Committee Meetings and at monthly QAPI Meetings.
11. The residents 1 and 2 who suffered the alleged abuse care plan was not updated or changed due to
them discharging and the family placing them in another facility.
12. All possibly affected residents have had care plans updated to reflect potential risk for alteration in
mood state and psychosocial well-being related to the alleged incident of abuse in their environment.
13. Prior reportable incidents were reported within the guidelines set forth by HHSC and the Administrator
monitored the completion of the investigation.
14. Any staff member suspected of committing abuse/neglect will be suspended immediately and or
terminated depending on the outcome of the investigation.
15. Staff who fail to report suspected abuse will be educated on the significance of reporting time and
disciplined accordingly.
16. The Administrator/Designee is responsible for ensuring that all assigned in-service for abuse
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 28 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
and neglect are completed by all staff members.
Level of Harm - Immediate
jeopardy to resident health or
safety
17. The Administrator/Designee will monitor all reportable incidents and all reportable incidents will be
reported to the Corporate Compliance Officer immediately. All reportable will be discussed weekly at our
Committee Meeting.
Residents Affected - Some
18. Starting 7/28/23 DON/Designee will conduct 10 random quizzes week for 3 weeks for staff to ensure
they are retaining the education on abuse and neglect and reporting procedures. Results will be reviewed
during the monthly QAPI meetings, and any incorrect answers will be corrected immediately on the spot.
Progress will also be monitored during weekly Committee Meetings.
19. The Medical Director is both resident's physician and he is the one who gave the orders to send them to
the emergency room for evaluations.
20. On 7/27/23, Administrator conducted an ad-hoc QAPI meeting to discuss the IJ and assign
responsibilities.
21. All adverse findings will be discussed at the QAPI meeting and necessary changes will be made at this
time.
22. Residents not on 100 hall who may have been provided care by CNA or LVN were given the safe
surveys and will be included in the random safe surveys.
23. All residents on 100 halls will be monitored for 72hrs post discovery of the incidents to ensure there is
no retaliation or emotional distress. DON will monitor this compliance.
24. Medical Director was alerted of the IJ on 7/27/23 and Administrator personally spoke with him on
7/28/23 to provide more detail.
Monitoring of the facility's Plan of Removal through observation, interview and record from 07/28/23 at
2:52p.m to 07/28/23 at 5:15p.m revealed no concerns.
During an interview on 7/28/23 at 3:25 PM Resident #6 stated that an employee came in this morning
around 9:15 and did ask her questions about abuse/neglect, if employees are nice to her, etc. She stated
she had good things to say for all questions, and it felt nice to have those questions asked to her because
they should be asked by staff occasionally.
During an interview on 7/28/23 at 3:35 PM Resident #7 stated that a nurse, can't remember who did come
in this morning and speak with her and ask her questions on abuse/neglect. She stated it was nice to have
that asked to her because that really showed her that they care and want to change things.
During an interview on 7/28/23 at 3:45 PM Resident #8 stated that a nurse came in this morning and did
ask him about abuse neglect, he has never had any issues here before. He stated it was nice to hear the
facility ask these questions. He stated he likes the facility very much and has no issues with any employee
or resident.
During an interview on 7/28/23 at 3:55 PM Resident #9 stated she did have a nurse come through this
morning to check in on her. She stated the nurse asked questions such as has any employee been
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 29 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Some
rude, disrespectful, neglectful etc to you. She stated she said no. She stated she has never really had an
issue with any nurse or another resident. She stated that the facility overall seems very good to her.
Record review of QAPI meeting notes/in-service regarding IJ conducted on 7/27/23 at 9:30 AM confirmed
by AD. She stated that they did have a sit-down meeting to discuss all the IJ templates and a plan of
actions, this included abuse neglect in-services, safe surveys, quizzes, monitoring residents, and
background checks.
Record review of CNAA Corrective action form dated 7/23/23 employee was terminated due to abuse,
signed by administrator, and dated as verbal over the phone on 7/23/23 at 8:00 pm.
Record review of in-service dated 7/23/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by DON. In-service covered abuse and
neglect. Contents of training were: The abuse preventions coordinator is the administrator and I the
administrator cannot be reached; the backup contract is the DON. Their names and phone numbers are
posted on the board on 200 hall. If you see or suspect abuse or neglect happing, the first response is to
stop it and protect the resident. You must then immediately report to the abuse preventionist. The types of
abuse include physical, verbal, emotional, sexual, involuntary seclusion, misappropriation of funds, and
neglect or abandonment. Please respond to residents needs in an appropriate time manner. Be respectful
and talk to residents politely. Remember customer service is a priority.
Record review of in-service dated 7/27/23 for all nursing staff, topic abuse and neglect, signed by all staff
and stated that no staff could work until complete. Conducted by Administrator and DON. Contents included
the fact that abuse or neglect must be reported to the abuse coordinator immediately. They should not wait
for someone else to report it. It is their responsibility to protect the residents of this facility. If they are unsure
about weather, it was a case of abuse or neglect-report it anyways! Protect your residents! It is your job as
the abuse coordinator to start the investigation ASAP-and report to state within 2 hours. Make sure staff is
aware that they must contact you directly and immediately. Make sure your number is posted with postings,
in the breakroom, at the nurse's station, in therapy, in the kitchen-everywhere. If at any time they cannot
reach you, they should be instructed to call the DON. Make yourself heard.
During an interview on 7/28/23 at 4:15 PM DON stated multiple Care quizzes have been given to multiple
employees who attended both in-services. She stated that she has been reviewing the quizzes and all
employees have no missed one question. She stated the Medical Director was contacted on 7/27/23
regarding the incidents that occurred and the IJ being called in the facility. She stated that LVNB completed
abuse and neglect in-service on 7/23/23. DON will provide 1:1 In-service, written disciplinary actions, and
LVNB proficiency checkoff prior to LVNB working the floor again. DON stated in-service has been
completed at 7/23/23 and a write up documentation. LVNB came in 7/27/23 to go over proficiencies. She
stated that on 7/27/23 she and the administrator received 1:1 in-service from Owner/Operator to cover
reporting timeframes.
Record review of a completed resident safety survey dated 7/28/23 on all current residents to ensure they
feel safe and free from abuse or neglect by 7/28/23. safe surveys were conducted on hall 100 and halls
200, 300, 400 were completed on 7/28/23. Starting 7/31/23, DON/SW will conduct 10 random safe surveys
a week for 3 weeks for the residents to ensure that they continue to feel safe and well taken care of.
Findings will be discussed at weekly Committee Meetings and at monthly QAPI Meetings.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 30 of 31
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
676100
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/28/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at San Angelo
5455 Knickerbocker Rd
San Angelo, TX 76904
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 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Document included questions such as, have you ever had or felt neglect/abused by any employee or other
resident.
Record review of Care Quiz revealed all staff that had attended both in-services on 7/28/23 were provided a
Care Quiz to complete. Care quiz completed by LVNJ; all answers answered correctly. No issues. Care quiz
was created with questions that were from both in-services.
Residents Affected - Some
Observation three sampled residents (Resident #3, #4 and #5) revealed no signs of pain or abuse. They
appear to be carrying their activities of daily living with incident. They said they felt safe and denied abuse
staff or other residents.
Interviews regarding abuse and neglect training and reporting on 07/28/23 at 3:25p.m through 5: 00p.m
revealed no concerns with staff knowledge. Staffs interviewed were representative of various facility shifts.
They were able to provide knowledge and participation of training regarding abuse/neglect in-services and
training. The following staffs were interviewed on 07/28/23: LVN A, LVNB, ADON C, ADON D, HRE, CNA F,
CNA G, CNA H, LVN I, LVN J, LVNK, CNA L, CNA M, Social Worker, and CNA N. They were
knowledgeable of types of abuse/neglect and should report any abuse allegations to charge nurse of
resident immediately and to the ADM. They all knew Administrator was the Abuse prevention coordinator
with DON as the backup if not able to reach ADM. They knew how to get hold of ADM and DON if not in the
facility at time.
Interview with LVNB (100 hall) on 07/28/23 at 4:30 PM revealed she was in-serviced on 07/25/23 and
07/28/23 on abuse/neglect and reporting. She was asked what she would have done differently looking
back at the incident with Resident #1 and Resident#2, and she stated she would follow protocol and
nursing judgement and reported the incident immediately. She stated she was terrified on what CNAA could
have done to her for reporting her observation.
On 07/28/23 at 4:25p.m, the Administrator was notified the IJ was removed. While the IJ was removed on
7/28/23, the facility remained out of compliance at a severity level of actual harm with the potential for more
than minimal harm that is not immediate jeopardy, and a scope of pattern because the facility had not had
the opportunity to monitor the effectiveness of the Plan of Removal.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676100
If continuation sheet
Page 31 of 31