F 0727
Level of Harm - Minimal harm
or potential for actual harm
Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on
a full time basis.
Based on record review the facility failed to use the services of a registered nurse for at least 8 consecutive
hours a day, 7 days a week for 1 of 1 facilities reviewed for nursing services.
Residents Affected - Some
The facility did not have RN coverage for 12 days on 10/5/24, 10/6/24, 10/12/24, 10/13/24, 10/19/24,
11/2/24, 11/3/24, 11/16/24, 11/17/24, 11/30/24, 12/1/24, and 12/5/24.
This failure could place the residents at risk of not receiving needed services and care.
The findings were:
Review of the CMS (Centers for Medicare and Medicaid Services) PBJ (Payroll Based Journal) staffing
data report for quarter 1 2025 (October 1 - December 31) run date of 3/13/25 revealed the facility had no
RN hours for Saturdays on 10/5/24, 10/12/24, 10/19/24, 11/2/24, 11/16/24, and 11/30/24.
Review of the CMS PBJ staffing data report for quarter 1 2025 (October 1 - December 31) run date of
3/13/25 revealed the facility had no RN hours for Sundays on 10/6/24, 10/13/24, 11/3/24, 11/17/24, and
12/1/24.
Review of the CMS PBJ staffing data report for quarter 1 2025 (October 1 - December 31) run date of
3/13/25 revealed the facility had no RN hours for Thursday 12/5/24.
Review of the facility staffing list revealed RN A's hire date was 11/27/24.
In an interview on 3/20/25 at 3:25 p.m. the DON stated she covered any shifts that an RN was not available,
including weekends and holidays. The DON stated the facility had hired another RN (RN A) that works
Thursday, Friday, Saturday, Sunday, and PRN. The DON is unsure why the CMS PBJ staffing report does
not have RN hours for 12 days. The DON stated she does not utilize a time clock and is salaried.
In an interview on 3/21/25 at 1:28 p.m. the Administrator confirmed the facility did not have a weekend RN
previously but does now. The Administrator stated the consequences of not utilizing the services of an RN
for 8 hours a day every day, could impact the quality of resident care.
In an interview on 3/21/25 at 1:28 p.m. the Administrator stated the facility had no policy on utilizing an RN
for 8 hours a day, 7 days a week and just follows the regulation.
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 5
Event ID:
676166
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
676166
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/21/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Sealy
1401 Eagle Lake Road
Sealy, TX 77474
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 0732
Post nurse staffing information every day.
Level of Harm - Potential for
minimal harm
Based on observation and interview, the facility failed to post the nurse staffing data on a daily basis at the
beginning of each shift for 1 of 1 facilities reviewed for nursing services.
Residents Affected - Many
The facility daily staff posting was not updated on 3/18/25 and 3/19/25.
This could place residents, and visitors at risk of not knowing the facility's nursing staffing for the day.
The findings were:
During an observation on 3/18/25 at 9:30 a.m., the daily staff posting was on the right wall at the facility
main entrance and was dated for 3/17/25.
During an observation on 3/19/25 at 8:30 a.m., the daily staff posting was on the right wall at the facility
main entrance and was dated for 3/18/25.
During an observation on 3/19/25 at 2:00 p.m., the daily staff posting remained dated 3/18/25.
During an observation on 3/19/25 at 3:10 p.m., the daily staff posting remained dated 3/18/25.
In an interview on 3/19/25 at 3:12 p.m. the DON stated the facility had a staffing person but she was unsure
who was responsible for posting the daily staffing.
In an interview on 3/19/25 at 3:14 p.m. the Administrator stated she was unsure who was responsible for
posting the daily staffing.
In an observation and interview on 3/19/25 at 3:15 p.m. the AD was coming up the hall with a paper in her
hand and stated she had the daily staffing. The AD took the old daily staff posting and replaced it with a
current one for today. The AD stated the ADON had made it and the AD got busy with residents and forgot
to post it but it had been on her desk. The AD stated the consequences of not posting the daily staffing
could be people would not know the staffing levels.
In an interview on 3/19/25 at 3:16 p.m. the DON stated the ADON was responsible for posting the daily
staffing and had made it but not put it out yet.
In an interview on 3/21/25 at 1:20 p.m. the Administrator stated the consequences of the daily staff posting
not being posted could be people would not know what the staffing for the facility is that day.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676166
If continuation sheet
Page 2 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676166
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/21/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Sealy
1401 Eagle Lake Road
Sealy, TX 77474
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observation, interview, and record review, the facility failed to store, prepare, distribute, and serve
food in accordance with professional standards for food service safety for 1 of 1 kitchen:
Residents Affected - Many
A rack for the can goods had an orange brownish substance that had spilled on the rack and on the floor
under the rack.
The bins with flour had a white residue on the outside of the top and the sugar bin had holes under the
handles and there was a black residue on the outside of the bin's top.
3 Shelves in the kitchen that held clean pots and pans were lined with foil and mesh covering on top with a
dirty greasy film that covered them.
The grill had black grease on the knobs and the fryer was covered with grease and food particles.
The convection oven had a dark reddish-brown substance on the doors and a toaster was plugged in the
wall on a shelf low near to the floor with crumbs over the top of the toaster.
The cook did not have a beard restraint, he had long fingernails, and he wore a baseball cap that did not
restrain his hair.
The cook touched the inside lip of the plates while placing food on the plates and touched the food cart
while he wore gloves.
These failures could place residents who received meals and/or snacks from the kitchen at risk for food
borne illness.
The findings included:
During observation of the kitchen with the Dietary Manager on 03/18/25 at 10:47 AM revealed storage rack
with the can goods had an orange brownish substance that had spilled on the rack and on the floor.
During an interview the DM said something leaked from a can and spilled but it had not been cleaned. She
said she knew it had to be cleaned but had not got around to do it .
Observation of the storage for rice, sugar, corn meal, flour, powdered milk were in bins without bags. On the
totes was residue on the outside of flour totes and the storage bin with the sugar had a black residue on the
outside and there were holes underneath the handles of the blue bin that was made by the manufacturer of
the bin.
During an interview the DM said there should be different containers and confirmed the holes were there
and could allow insects to enter the tote, but the company did not give the funds needed to make the
storage better.
Observation of the shelves in the kitchen area with clean pots and pans, was layered with foil and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676166
If continuation sheet
Page 3 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676166
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/21/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Sealy
1401 Eagle Lake Road
Sealy, TX 77474
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
on top of the foil, there was mesh coverings to prevent items from slipping. They were covered with a
greasy film that had dust imbedded into the mesh. The surveyor touched the coverings and felt a greasy
film and observed dirt in the greasy film.
During an interview the DM said the shelves needed to be cleaned because they had not been cleaned.
She said she would work on the shelves as soon as possible . The DM said the cleaning schedule was
weekly and a deep clean was monthly, but items used were cleaned daily.
Observation of the grill had old grease and food on the top and the knobs had a black greasy film. The fryer
was covered with grease and particles of food.
During an interview the DM said the fryer was used a week ago to fry fish and it should be cleaned after
each use, but it had not been cleaned.
Observation of the convection oven had crumbs and a dark reddish-brown substance on the doors. There
was a toaster plugged in the wall on a lower shelf with crumbs on the top.
During an interview the DM said the toaster should be cleaned after each use, but it had not been cleaned.
The DM said the convection oven needed to be cleaned, it had not been cleaned.
Observation on 03/19/25 at 09:51 AM revealed the [NAME] wore a baseball cap, his hair was long and
bushy and the cap was not efficient to restrain the hair and he had no hair net. The [NAME] had a full beard
and was not wearing a beard restraint.
During an interview the [NAME] said it was necessary to wear a beard restraint so hair from his beard
would not get into the food and contaminate it to cause illness to the residents.
During an interview the DM said it was important for the staff to use hair nets and beard restraints to protect
the food from hair contaminating the food that could cause food borne illness for the residents.
During observation of the kitchen on 3/19/2025 at 11:45 AM the [NAME] wore gloves while serving the food
on the plates and trays. The [NAME] touched the cart and grabbed the plates with his thumbs on the inside
of the plate to place the food on the plates and then placed the plates on the cart. When asked by the
surveyor why he wore gloves and touched other surfaces then touched the plates on the inside, he said he
worked at 5-star restaurants, and he had no issues before wearing gloves. When he removed his gloves,
his nails were very long and well beyond the nail beds.
During an interview the DM said she did not know gloves were a problem, but she said the Cook's nails
were too long.
During an interview on 3/20/2025 at 2:26 PM the RD said she would encourage the facility to use airtight
containers instead of the bins. She said she told the staff not to use gloves, only utensils to handle food.
The RD said she told the DM a couple of months ago to clean sections at a time each week and weekly to
maintain until monthly cleaning because it was important to keep the surfaces clean to prevent
cross-contamination and maintain infection control. The RD said not keeping the surfaces clean could
cause food borne illnesses for the residents. The RD said it was important to use airtight containers to
prevent pests from contaminating the food that could cause food borne illness to the residents. The RD said
it was important to wear hairnets and beard restraints, to keep nails
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676166
If continuation sheet
Page 4 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676166
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/21/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Sealy
1401 Eagle Lake Road
Sealy, TX 77474
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
clean and cut to prevent contamination of food that could cause food borne illnesses to the residents at the
facility.
Record review of the Dietary policy titled Food Preparation and Service dated November 2022 stated Food
and nutrition services employees prepare, distribute and serve food in a manner that complies with safe
food handling practices.
Under General Guidelines #2. stated: Cross-contamination can occur when harmful substances, i.e.,
chemical or disease-causing microorganisms are transferred to food by hands (including gloved hands),
food contact surfaces, sponges, cloth towels, or utensils that are not adequately cleaned. #3 stated food
preparation staff adhere to proper hygiene and sanitary practices to prevent the spread of foodborne
illness.
Under Food Preparation Area #4 d. stated: cleaning and sanitizing work surfaces (including cutting boards)
and foot-contact equipment between uses, following food code guidelines.
Under Food Distribution and Service #8 stated: Food and nutrition services staff wear hair restraints (hair
net, hat, beard restraint, etc.) so that hair does not contact food. #9 stated in part: food and nutrition
services staff keep fingernails trimmed and clean.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676166
If continuation sheet
Page 5 of 5