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
observations, interviews and record review the facility failed to ensure personal privacy include personal
care. The facility must protect and promote the rights of the resident for 1 of 8 (#14) residents in that
Residents Affected - Few
Resident #14 was observed twice in a public area with parts of her breast showing from her slit dress on
the sides.
This failure could affect all residents and could result in a loss of dignity and respect at the facility.
The Findings were:
Record review of Resident #14's face sheet dated 10/13/2022 revealed she was admitted on [DATE].
re-admitted on [DATE] with diagnoses of schizophrenia, mood disorder, need assistance with personal
care, abnormal posture, vascular dementia, major depressive disorder, encephalopathy, abnormalities of
gait and mobility and generalized muscle weakness.
Record review of Resident #14's [NAME] assessment dated [DATE] revealed section C-Cognitive Patterns
was a BIMS score of 7/15 (severe impairment), section C Delirium-she had disorganized thinking, section
G- Functional Status she required extensive assistance with her ADLs, dressing, she had no impairments
in extremities, she mobilized with a wheelchair, and section H she was incontinent of bowel/bladder.
Record review of Resident #14's care plan dated 8/9/2022 revealed her ADL self-Care performance defect
related to debility, dementia for .dressing . staff propels wheelchair for mobility, promotes dignity by ensuring
privacy, required 2-person transfer with Hoyer lift. Resident #14 had an ADL self-care performance deficit
related it debility, dementia, staff propels wheelchair for mobility, promote dignity by ensuring privacy,
transfers with 2-person assistance with Hoyer lift, and she required 2-person assistance to dress.
Observation on 10/12/2022 at 2 PM in the small dining room Resident # 14's was sitting in her wheelchair
and part of her breast was exposed.
Interview on 10/12/2022 at 2:05 PM revealed Resident #14 was not interviewable and did not respond to
questions.
Interview on 10/12/2022 at 2:08 PM with wound care nurse verbally confirmed Resident #14's part of
breast was exposed in public area due to slit on the sides of her dress.
(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 32
Event ID:
676238
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
Observation on 10/13/2022 at 2:12 PM in the large dining room Resident # 14's was sitting in her
wheelchair and part of breast was exposed.
Interview on 10/13/2022 at 2:14PM with wound care nurse confirmed Resident $14's part of dress was
exposed in public area due to slit on the sides of her dress. The wound care nurse reported to the DON that
Resident #14's dresses and exposed her breast. The wound care nurse stated she noticed several dresses
that were slit on the sided and were brought in by family.
Interview on at 10/14/2022 at 9:51 AM CNA F stated Resident #14 was a 2 person assist, she stated she
put her dress on that day, the family does not want her wearing brazier, so she said she tried to tuck in her
slit dress on the sides, into the wheelchair, so her breast does not come out. CNA F stated Resident #14
part of breast had not happened while she was in a public area, but Resident #14 tends to maneuver her
breast with her hand. CNA F stated Resident #14 was confused at times and had seen her breast exposed
when in her room, in private area. CNA F stated she had not noticed any other resident with inappropriate
clothing. CNA F stated the family brought the several dresses with the sides slit.
Interview on at 10/16/2022 at 10:43 AM with the DON stated she pulled the dresses with slits on the side
and called family. The DON stated its a team efforts to make sure residents wear clothes that are
appropriate and to communicate to departments with any concerns and talk to family.
Record review of policy Resident Rights, dated 10/4/2016 revealed Respect and Dignity, you have the right
to be treated with respect and dignity, including the right to: reside and receive services in the facility with
reasonable accommodation of your needs and preferences .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 2 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
observations, interviews, and record reviews the facility failed to prevent the use of verbal, mental, physical
abuse, and/or corporal punishment for 2 of 3 residents (#24 and #75) reviewed for abuse.
Residents Affected - Few
1.
Resident #24 experienced a fractured wrist when CNA A attended her bedside. The facility did not assess
all residents for safety. The facility did not in-service all staff for abuse, neglect, exploitation prevention.
2.
Resident #75 was a victim of verbal/mental abuse that resulted in Resident #75 being sent to the hospital
via ambulance and received medications.
An IJ was identified on 10/14/2022. The IJ began on 10/3/2022 and removed on 10/4/2022. The facility took
action to remove the IJ before the survey began. While the IJ was removed on 10/4/2022, the facility
remained out of compliance at a scope of isolated and a severity level of actual harm because all staff had
not been trained on abuse and neglect policies and procedures.
These failures could place residents at risk for harm by physical, verbal, mental, abuse.
The findings include:
A record review of Resident #24's admission record, dated 10/14/2022, revealed an admission date of
09/30/2016 with diagnoses which included vascular dementia (problems with reasoning, planning,
judgment, memory and other thought processes caused by brain damage from impaired blood flow to the
brain), hemiplegia and hemiparesis (a complete loss of strength or paralysis on one side of the body),
displaced oblique fracture of shaft of left ulna (a broken forearm where the break is at an angle and the
bone has moved out of alignment).
A record review of Resident #24's annual MDS assessment, dated 8/05/2022, revealed, Resident #24 was
[AGE] years old resident, who had been residing at the facility for the past 6 years. Resident #24 had no
hearing difficulties, used glasses, had clear speech and could make themselves understood as well as
could understand others. Resident #24 had upper mobility limitations and required extensive 2 person
assist with activities of daily life. Resident #24 required a wheelchair and could not walk.
During a record review of the facilities provider investigation report dated 10/03/2022 revealed the
statement made by LVN B, statement from LVN B 7P-7 A 10/3/2022 at 4:00 AM resident was yelling from
her room business went to resident room approximately at 4:00 AM, 10/3/2022 resident in bed supine
position. I asked resident if anything wrong. residents start complaining that CNA that black lady she came
and changed my brief she punched my mouth and twisted my left arm. resident mouth had dry blood and
lips. assessment done head to toe. fresh blood on left side upper gum noted and dry blood on lips. no other
bruises of redness noted. Resident Evil to move upper and lower extremities except pain to left forearm and
left wrist. CNA removed from room and sent home. deal when and RN C in
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 3 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
facility notified. on call nurse practitioner notified and new orders received for staff X-ray left shoulder,
elbow, and wrist. family brother notified and situation explained to brother. in addition to my statement;
approximately at 4:00 AM when this nurse went to the residence room due to resident yelling out, I entered
room I asked Resident #24 what's wrong and she told me black lady came changed my brief and punched
me in my mouth and twisted my left arm. while this nurse was talking to resident CNA A came in room and
telling patient, you accusing me I punched you and hurt you. I haven't even made it into your room. I didn't
change you yet. I asked her CNA A what time you came last time and CNA A said, around 1:00 AM to 1:30
AM I haven't changed her and she's accusing me, I'm gonna lose my job. CNA A said, let me change her.
this nurse told CNA A let me check her and you can go. when this nurse opened patients brief the brief was
completely dry.
During an interview on 10/12/2022 at 10:20 AM the ADON stated the facility learned of an allegation of
physical abuse incident on the early morning of 10/3/2022 involving Resident #24 and CNA A. The ADON
stated the facility initiated an investigation which resulted in the termination of CNA A. The ADON stated he
was responsible for assessing Resident #24's peers for safety and assessed 4 residents on Resident #24's
hallway, 400-Hall, after the report of the abuse allegation, Residents #16, #38, #52, and #66. The ADON
stated no other residents were assessed for safety. The ADON stated CNA A routinely worked on the
hallway Resident #24 resided on.
A record review of the facility's 10/2/ to 10/3/2022 staff schedule revealed CNA A was assigned CNA duties
on 400-hall. Further reviews of the facility's schedules revealed CNA A was assigned 100-hall and also
400-hall CNA duties the previous week.
During an interview on 10/12/2022 at 11:10 AM the DON stated the facility learned, early in the morning of
10/3/2022, Resident #24 alleged CNA A hurt her. The DON stated the facility maintained cameras with
recording capabilities on the hallway Resident #24 resided on (400-hallway). The DON stated she reviewed
the recordings which reflected 10/03/2022 02:00 AM to 06:00 AM. The DON stated the footage revealed
CNA A checked on Resident #24 several times prior to 05:00 AM, in refute to CNA A claims she had not.
The DON stated the recording revealed just prior to 05:00 AM CNA A made a body gesture prior to
entering the room which was interpreted by the DON as a deep breath motion with hand gestures, entered
the room and after a couple of minutes exited the room and entered the adjacent room across the hallway,
left the door ajar, and watched Resident #24's door. The DON stated at this time in the timeline Resident
#24 began loudly calling out for help to which LVN B came to Resident #24's bedside. The DON stated
while LVN B was attending Resident #24 and receiving report CNA A entered the room and began yelling
at Resident #24, why are you lying! .i have not been in your room! . The DON stated LVN B de-escalated
the incident and removed CNA A from the room, CNA A was asked to leave the room and CNA A wrote a
statement. The DON stated LVN B reported Resident #24 claimed CNA A hit her. The DON stated LVN B
reported the incident to RN C and RN C reported the allegation to her, DON. The DON stated she had CNA
A clock out and suspended CNA A pending an investigation. The DON stated the Administrator was given a
report and the Administrator reported the incident to the state agency. The DON stated the investigation
revealed CNA A was inconsistent with her accounts of the incident, Resident #24 was diagnosed with a left
ulna, forearm, fracture, and CNA A was terminated on 10/6/2022. The DON stated 4 residents were
assessed for safety and an in-service for abuse, neglect, and exploitation prevention was prepared and all
staff were in the process of receiving the in-service. The DON stated the in-service record was in the
in-service logbook at the nurse's station. The DON stated the ADON also in-serviced staff at a staff meeting
on 10/7/2022. The DON stated not all staff had been in-serviced but were being in-serviced as they
reported to work.
A record review of Resident #35's admission record revealed an admission date of 4/5/2022, with
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 4 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
diagnoses which included moderate dementia (the loss of cognitive functioning, thinking, remembering, and
reasoning, to such an extent that it interferes with a person's daily life and activities), hypertension (high
blood pressure), and osteoarthritis (the protective cartilage that cushions the ends of the bones wears
down over time).
During an observation and interview on 10/12/2022 at 1:48 PM Resident #35 stated, she was an auditory
witness to the alleged abuse of her roommate Resident #24 on the early morning on 10/3/2022. Resident
#35 stated CNA A had been in their room several times that early morning. Around 5:00 AM she heard
CNA A and Resident #24 yelling out. I heard her (CNA A) yell at her (Resident #24), cuss at her, and I
heard them wrestling; with Resident #24 crying out and yelling back STOP HITTING ME .OWW!, CNA A
yelled back at her MOVE YOUR HAND! Resident #24 yelled I CAN'T!. Resident #35 stated she heard CNA
A leave and Resident #24 continued to cry out for help. LVN B entered the room and received report from
Resident #24 that she had been hit by CNA A. Resident #24 stated, that black B**** hit me!. CNA A entered
the room and Resident #24 identified CNA A as hitting her. CNA A continued yelling at Resident #24 and
accused Resident #24 of lying and left the room.
During an observation and interview on 10/13/2022 at 01:12 PM Resident #24 was in her room seated in
her wheelchair. Resident presented with a soft cast to her left wrist. Resident #24 stated someone hit her
[when she referred to her soft cast] but could not remember any further details.
During an interview on 10/14/2022 at 11:45 AM Resident #24's Representative stated the facility's SW
called him on in the morning of 10/03/2022, between 7-9 AM. The SW said there was an incident, [Resident
#24] was screaming and when the nurse went into Resident #24's room, Resident #24 stated CNA A
twisted her arm, slapped her face, and covered her mouth. Resident #24's representative stated the SW
reported they found blood in Resident #24's mouth. Resident #24's representative stated the DON called
him later that day (10/3/2022), she told me they were investigating and getting x-ray's .I called her back and
she told me CNA A was fired. Resident #24's representative stated the x-rays revealed Resident #24 had a
fractured left forearm bone and Resident #24 was sent to the hospital for treatment of the broken forearm.
Resident #24's representative stated, he and Resident #24 attended an orthopedic specialist appointment
after the fracture was discovered, The doctor reported Resident #24 received the fracture from a grabbing
twisting motion, not consistent with a fall.
A record review of the facility's human resources employee time records during the period 10/3/2022 to
10/10/2022 revealed 109 employees worked in the facility.
A record review of the facility's in-service logbook revealed an abuse, neglect, exploitation prevention
in-service dated 10/3/2022, indicated only 26 unique staff signed they received the in-service.
A record review of the facility's in-service logbook revealed an abuse, neglect, exploitation prevention
in-service dated 10/7/2022, indicated only 27 unique staff signed they received the in-service.
A record review of the facility's 400-hall (the hall Resident #24 resided on), census dated 10/3/2022
revealed, the facility's 400-hall had 29 available beds with only 1 bed empty.
Personnel file for CNA A reviewed, no concerns regarding checks completed and no disciplinary action
occurred prior to this event.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 5 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
Record review of Resident #24's medical records revealed x-rays images, dated 10/3/2022, which revealed
a fracture to Resident #24's left Forearm at the wrist.
During an interview on 10/16/2022 at 01:37 PM the administrator stated, The question on why the IJ
happened, I don't believe the in servicing was effective to reach all levels of staff, prior t the IJ. The
Administrator stated more residents who were cared for by CNA A, could have been assessed for safety.
Residents Affected - Few
2.
Record review of admission Record, printed 10/14/2022 at 3:36 PM, revealed Resident #75 was a [AGE]
year-old-female, admitted [DATE] with the following diagnoses: conversion disorder with seizures or
convulsions [mental condition in which a person experiences neurologic symptoms not associated to illness
or injury; symptoms are real and beyond the persons control]; chest pain; non-ST elevation myocardial
infarction [less damage causing form of a heart attack]; coronary artery disease [major blood vessels of the
heart narrow] without angina pectoris [chest discomfort or shortness of breath].
Record review of Brief Interview for Mental Status (BIMS) single page form, dated 7/28/2022 signed by the
SLP, revealed a BIMS score of 14/15 for Resident #75 [indicative of intact cognition].
Record review quarterly MDS [Minimum Data Set] dated 7/31/2022 revealed, Resident #75 had a
Summary BIMS score of 10, indicative of moderately impaired cognition with fluctuating disorganized
thinking and received psychological therapy on 2 days for at least 15 minutes in the 7 days prior to the MDS
submission.
Record review of Nursing Progress Note written by LVN JJ on 7/26/2022 at 7:16 AM revealed Resident #75
had complaints of chest pains, received 2 doses of 0.4 [Nitrostat] with no resolution of pain; sent to
emergency room via emergency medical services.
Record review of Medication Administration Record for July 2022 revealed Resident #75 received 2 doses
of Nitrostat Sublingual 0.4 milligram on 7/25/2022 .
Record review of hospital Discharge Instructions dated 7/27/2022 revealed Resident #75 had troponin
levels less than 0.1 nanograms per milliliter [elevated troponin levels, greater than 0.4 nanograms per
milliliter indicate a cardiac event]. admission date 7/26/2022 at 2:57 AM. Reason for visit listed as CP [chest
pain]. In addition to laboratory results, documentation revealed Resident received a chest x-ray and an
abdominal ultrasound [reports not included].
Record Review of Nursing Progress Note written by LVN JJ on 7/28/2022 at 7:40 AM revealed Resident
#75 was readmitted to facility.
Record review of Psychological Services Progress Note dated 7/29/2022 at 5:20 PM by PSY D
[Psychology Doctor] revealed documentation that Resident #75 expressed anxiety associated with a recent
encounter with nursing staff.
Record Review of email dated 7/29/2022 at 5:15 PM from PSY D to the ADM [Administrator], the SW
[Social Worker], and the DON [Director of Nursing] revealed notification of Resident #75 concern that her
recent hospitalization was prompted by an argument Resident #75 had with an unnamed nursing staff.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 6 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
Record review of single page In-Servicing dated 7/29/2022 signed by CNA E indicates topics presented by
the ADON included: Talk to residents with dignity and respect; Ensure appropriate communication with
family and residents; Continue to provide excellent care to residents; Try to keep your voice at a modest
level when talking with residents; Keep them informed with what is going on. Simple comments like I'll be
back in 5 minutes to check on her goes a long way.
In a group interview on 10/13/2022 at 10:58 AM with the DON and ADON, the ADON stated their policies
and procedures to prevent abuse begins at recruiting, we check employees backgrounds, EMR [Employee
Misconduct Registry], OIG [Office of Inspector General], checking references and skills check offs. The
DON stated the facility reinforced training and education via [computer-based training] courses completed
within the first 21 days of employment, Abuse/Neglect/Exploitation, reporting burnout, On-The-Job training
and the administrative staff was on the floor and met residents, talked to staff, managed burn out by giving
staff positive feedback, providing morale boosters. The DON stated the facility reinforced training for
reporting immediately any allegations of Abuse/Neglect/Exploitation and identified to all staff the Abuse
Prevention coordinator as the ADM. The DON stated the SW has also provided reinforced training for
reporting any grievances.
In an interview on 10/13/2022 at 1:45 PM, Resident #75 stated she was speaking with her roommate's
family regarding care not provided timely to the roommate when an unnamed CNA rushed into the room,
and yelled, You don't need to telling (sp ) about other residents! Resident #75 clutched one hand at the
base of her throat when she relayed, This startled me and scared me. Resident #75 stated she started
having chest pains after that. Resident #75 reported having chest pains to the nurse on duty and received 2
doses of Nitroglycerin. Resident #75 stated the pain continued and an ambulance was called to take her to
the hospital. Resident #75 stated she knew it wasn't a real heart attack when the chest pain evaporated as
soon as the ambulance pulled into the hospital parking lot. It was like I just needed to get away from here.
Resident #75 stated she was embarrassed she was taken by ambulance to the hospital and, It wasn't a real
emergency. Resident #75 further stated that she felt that the unnamed CNA tore her up for speaking out of
turn even though the family of her roommate specifically asked her to keep an eye on their loved one.
Resident #75 stated this had occurred several months ago, and that she had no problems with the CNA
since then . Resident #75 could not recall the name of the CNA. Resident #75 stated the CNA was still
working, but she had not seen her for several days. Resident #75 provided description: female, big butt.
In an interview on 10/13/2022 at 7:30 PM, the DON recalled being notified afterhours that Resident #75
had some issue regarding an interaction with staff. The DON stated she tasked the ADON with speaking
with resident about the situation. The DON stated the focus was more on the fact that Resident #75 was
relaying HIPAA type information about other residents and should not be responsible for relaying details to
the family members. The DON stated Resident #75 had a big heart and was very protective of her peers,
especially her roommate. The DON stated at the time, the events did not rise to the level of an allegation of
abuse.
In an interview on 10/14/2022 at 9:25 AM the DON stated Resident #75 was assessed on the evening of
10/13/2022 and had no signs or symptoms of distress. The DON stated that the allegation of abuse was
reported within 1 hour of learning about Resident #75's recollection of the event on 10/13/2022. The DON
stated that upon further review and through their internal investigation the alleged perpetrator was CNA E,
who was currently on leave. The DON stated the Nurse on duty had quit and did not return any of the facility
phone calls. The DON provided telephone contacts for both CNA E and LVN JJ. [Neither CNA E nor LVN JJ
returned phone calls for interviews prior to exit of survey.]
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 7 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
In an interview on 10/14/2022 at 10:42 AM, the ADON stated he had assessed Resident #75 back then at
the time she returned from the hospital, as instructed by his DON and the event was not recalled in a way
that rose to the level of an allegation of abuse. The ADON stated he provided an on-the-spot In-Servicing
on customer service to CNA E.
In a group interview on 10/14/2022 at 11:19 AM, with the ADM, DON and ADON present, the DON stated
the incident occurred towards the end of July 2022. The DON stated the ADM, the DON, and the SW were
made aware via an email from the Psychologist that Resident #75 was upset about an interaction with
nursing staff causing Resident #75 being sent to the hospital. The DON then notified the ADON to assess
Resident #75. The ADON stated the allegation was not reported as it did not rise to the level of verbal
abuse based on the assessment at the time. The DON stated the alleged staff member continued to work,
after being in-serviced. The DON stated the alleged staff member was not currently working as she was on
leave, out of state for a funeral. The DON stated the last time the alleged staff member worked was more
than a week prior to survey entrance.
In a group interview on 10/14/2022 at 11:27 AM with the SW, DON and ADM, the ADM stated she had
reported to state on 10/13/2022 for possible abuse based on the 10/13/2022 conversation with Resident
#75. The DON stated the resident indicated she felt startled. The DON stated she did not feel it was verbal
abuse, but the resident seemed intimidated by the loud volume, and harsh tone of voice CNA E used. The
DON stated the CNA would be trained upon return to work. The DON stated an additional training course
would be provided to all staff entitled, Trust Building Through Effective Communication. The ADM added
she concurred with the DON and ADON responses to questions and added, we don't put anybody on the
floor without the training needed; and I supervise my staff.
In an interview on 10/14/2022 at 2:30 PM, the PsyD stated Resident #75 expressed being embarrassed for
being sent to the hospital after having an altercation with the CNA that triggered chest pain. The PsyD
stated the session was on 7/29/2022 between 4:40 and 5:20 PM. The PsyD stated after reviewing the notes
she made at the time, she characterized the event as an argument. The PsyD stated Resident #75 would
initially minimize her emotional state but would eventually accurately report her state of mind after some
rapport building. PsyD stated since that event, Resident #75 had not displayed any increase in maladaptive
behaviors or reported a decrease in engaging in coping mechanisms. PsyD stated Resident #75 had not
reported increased intensity or frequency of anxiety. PsyD stated she immediately reported the concerns
via email to the ADM, the SW and the DON.
In an interview on 10/16/2022 at 11:03 AM Resident #75 stated she had been checked on by facility staff
but could not recall any of the questions they might have asked. Resident #75 stated she had no concerns
with abuse or neglect and had no fear of staff or residents at this facility. Resident #75 reiterated she had a
problem when one staff member tore me up one side and down another, a few months back when she was
overheard responding to her roommates' family when they asked how the roommate was being treated.
Resident #75 stated tore me up meant the staff scolded her loudly for providing information to the family.
Resident #75 stated at the time, it made her mad because she felt she was doing the right thing for her
roommate, then it made her feel bad, as if she had done something wrong to upset her care providers.
Resident #75 reiterated that this was the event that sent her to the hospital unnecessarily a few months
back. Resident #75 stated she was embarrassed she used up all those resources and it was just a panic
attack.
Record review of Nursing Administration Policy/Procedure under Leadership section, and Nursing Services
subject, revised 05/2007, revealed Each Resident is free from verbal, sexual, physical or mental abuse,
corporal punishment, and involuntary seclusion.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 8 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
Record review of Policy/Procedure-Administration under Section: Resident Rights and Subject: Abuse Prevention of And Prohibition Against, revised 11/28/2017, revealed, it is the policy of this facility that each
resident has the right to be free from abuse, neglect, misappropriation of resident property and exploitation.
Further under section C Training, topics included prohibiting and preventing all forms of abuse .; identifying
what constitutes abuse .; recognizing signs of abuse .; reporting abuse .; procedures for reporting incidents;
understanding behavior symptoms of residents that may increase the risk of abuse and neglect and how to
respond. These symptoms include . aggressive and or catastrophic reactions of residents. Under section D
- Prevention, the facility will take action to prove protect and prevent abuse . By supervising staff to identify
and correct any inappropriate or unprofessional behaviors. Under section E identification the facility will
assist staff in identifying abuse . including mental slash verbal abuse . In addition, under Section I Definitions, abuse is defined as willful infliction of entry, unreasonable confinement, intimidation . with
resulting physical harm pain or mental anguish. Willful as used in this definition of abuse means individual
must have acted deliberately, not that the individual must have intended to inflict injury or harm.
During an interview on 10/16/2022 at 01:37 PM the administrator stated, The question on why the IJ
happened, I don't believe the in servicing was effective to reach all levels of staff.
Due to the above failures this was determined to be an Immediate Jeopardy (IJ) on 10/14/2022. The
administrator was notified. The Administrator was provided with the IJ template on 10/14/2022 at 05:40 PM.
The facility's Plan of Removal was accepted on 10/15/2022 at 10:00 AM and included:
Verification -of the facility's Plan of Removal for Legend Oaks North [NAME] and surveyors monitoring:
Immediate Action
Medical Director / Resident's physician notified of IJ.
During an interview on 10/15/2022 4:16 PM the medical Director stated the facility reported the incident on
10/3/2022 where Resident #24 was diagnosed with a left wrist ulna fracture allegedly by CNA A's
mistreatment. The Medical Director stated he reviewed the Plan of Removal and was satisfied and had no
new orders.
In-service with quiz was started on 10-14-22 for employees. The in-service will include:
a.
Types of abuse with definitions,
b.
Contact and name of Abuse Coordinator
c.
Timeframes for reporting
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 9 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
RN Clinical Resource to review facility ANE policy with leadership team.
Level of Harm - Immediate
jeopardy to resident health or
safety
During an interview on 10/15/2022 at 4:02 PM the DON stated she, and the facility's leadership received
training from the facility's RN Clinical Resource Nurse to include the HHSC Power Point presentation
Abuse, Neglect, and Exploitation (ANE) in long-Term Care.
Residents Affected - Few
A record review of the facility's IJ Plan of removal in service records, dated 10/15/2022, revealed Abuse,
Neglect, Exploitation Post Test: 1. Abuse can be willful and negligent physically, emotionally and sexually.
True / False; 2. Give 3 examples ____; 3. One of the signs of neglect is you forgot to give the Resident a
toast on her breakfast tray. True / False .(etc ).
A record review of the facility's IJ in-service training, dated 10/15/2022, revealed the facility utilized the
HHSC Abuse, Neglect, and Exploitation (ANE) in long-Term Care, Power Point training. Further review
revealed an attendance sign in sheet which included:
LNFA Administrator
RN DON
RN CR
During an interview on 10/15/2022 at 4:20 PM the DON and the Administrator stated the residents were
assessed for Brief Mental Interview Statuses and assessed for safety and injury, 100% of the residents who
were scored between 12-15, no mental cognitive impairment.
A record review of the facility's Resident Safe Survey records, dated 10/14/2022 through 10/15/2022,
revealed 100% of the residents who had no mental cognition impairment, were assessed for safety and
injury, Here at [Facility] has a staff member ever been rough with you or hurt you? Made you feel afraid or
humiliated / degraded? Said mean things to you, hurt you (hit, slapped, shoved, handled you roughly) made
you feel uncomfortable (touched you inappropriately)? .[etc.,]
ED, DON or designee will oversee completion of training and conduct training
Completion of training will be 10/15 and those on leave have been contacted and instructed to complete
training prior to working assigned shift. All new hires will complete training during orientation and before
working first shift.
During observations, interviews, and record reviews from 10/14/2022 to 10/16/2022 surveyors interviewed
all staff, who were not on leave, regarding ANE training and reviewed records regarding ANE in-service
training.
During an Interview on 10/16/2022 at 4:30 PM the DON stated she and her ADON and charge nurses had
supervised and ensured all employees completed the in-service training to include Abuse, Neglect,
Exploitation Prevention and Reporting.
Interviews for 06:00 AM to 2:00 PM work shift:
During an interview on 10/15/2022 at 12:30 PM CNA Z stated she works on the 6:00 AM to 2:00 PM shift.
CNA Z stated she received in-service training on the evening of 10/14/2022 in a staff meeting
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 10 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Few
where she was given instructions on who was the abuse, neglect exploitation coordinator, the administrator,
and educated on the different types of abuse, sexual, physical, mental, and verbal. CNA Z stated she was
to immediately report any allegations of ANE.
During an interview on 10/15/2022 at 12:30 PM CNA F stated she works on the 6:00 Am to 2:00 PM shift.
CNA F stated she received in-service training on the evening of 10/14/2022 in a staff meeting where she
was given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and
educated on the different types of abuse, sexual, physical, mental, and verbal. CNA F stated she was to
immediately report any allegations of ANE.
During an interview on 10/15/2022 at 1:30 PM CNA FF stated she works on the 6:00 Am to 2:00 PM shift.
CNA FF stated she received in-service training on the evening of 10/14/2022 in a staff meeting where she
was given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and
educated on the different types of abuse, sexual, physical, mental, and verbal. CNA FF stated she was to
immediately report any allegations of ANE.
Interviews for 02:00 PM to 10:00 PM work shift:
During an interview on 10/15/2022 at 02:43 PM MA BB stated he works on the 6:00 Am to 2:00 PM shift.
MA BB stated he received in-service training on the evening of 10/14/2022 in a staff meeting where she
was given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and
educated on the different types of abuse, sexual, physical, mental, and verbal. MA BB stated she was to
immediately report any allegations of ANE.
During an interview on 10/15/2022 at 03:57 PM LVN CC stated he works on the 02:00 PM to 10:00 PM
shift. LVN CC stated he received in-service training on the evening of 10/14/2022 in a staff meeting where
he was given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and
educated on the different types of abuse, sexual, physical, mental, and verbal. LVN CC stated he was to
immediately report any allegations of ANE.
During an interview on 10/15/2022 at 08:57 PM CNA Y stated he works on the 02:00 PM to 10:00 PM shift.
CNA Y stated he received in-service training on the evening of 10/14/2022 in a staff meeting where he was
given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and educated
on the different types of abuse, sexual, physical, mental, and verbal. CNA Y stated he was to immediately
report any allegations of ANE.
In an interview on 10/15/22 at 7:15 p.m. with CNA O stated she work the day and evening shift (6-2 shift
and 2-10 shift). CNA O stated she was in-serviced on 10/14/22 on abuse, the different types of abuse,
reporting abuse, and signs of abuse. The CNA O was able to state the different types of abuse, signs of
abuse and would report abuse right away to the Administrator who was the Abuse Coordinator.
Interviews for the 10:00 PM to 06:00 AM shift:
During an interview on 10/15/2022 at 03:23 PM CNA DD stated he works on the 10:00 PM to 06:00 AM
shift. CNA DD stated he received in-service training on the evening of 10/14/2022 in a staff meeting where
he was given instructions on who was the abuse, neglect exploitation coordinator, the administrator, and
educated on the different types of abuse, sexual, physical, mental, and verbal. CNA DD stated he was to
immediately report any allegations of ANE.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 11 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
In a telephone interview on 10/15/2022 at 8:46 PM, CNA K, who works overnights, stated In-Servicing
occurred within the previous 24-hour period that included the types of abuse, neglect,
exploitation,[TRUNCATED]
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 12 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Minimal harm
or potential for actual harm
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 allegations involving abuse
were reported immediately, but no later than 2 hours after the allegation was made to the Administrator of
the facility and to other officials including the State Survey Agency (HHSC), in accordance with State law
through established procedures for 2 of 4 residents (#75, #254) reviewed for abuse, in that;
1.The facility failed to report to the state agency an allegation of physical abuse from Resident #75.
2. CNA F failed to report to administrative staff an allegation of abuse when Resident #254 stated she hit
him in his eye.
These deficient practices could place residents at risk for abuse, neglect or mistreatment allegations not
being thoroughly investigated which could impact the residents' ability to reach their highest practicable
level of wellbeing.
The findings were:
1. Record review of admission Record , printed 10/14/2022 at 3:36 PM, revealed Resident #75 was a [AGE]
year-old-female, admitted [DATE] with the following diagnoses: conversion disorder with seizures or
convulsions [mental condition in which a person experiences neurologic symptoms not associated to illness
or injury; symptoms are real and beyond the persons control]; chest pain; non-ST elevation myocardial
infarction [less damage causing form of a heart attack]; coronary artery disease [major blood vessels of the
heart narrow] without angina pectoris [chest discomfort or shortness of breath].
Record review of Brief Interview for Mental Status (BIMS) single page form, dated 7/28/2022 signed by the
SLP, revealed a BIMS score of 14/15 for Resident #75 [indicative of intact cognition].
Record review quarterly MDS [Minimum Data Set] dated 7/31/2022 revealed, Resident #75 had a
Summary BIMS score of 10, indicative of moderately impaired cognition with fluctuating disorganized
thinking and received psychological therapy on 2 days for at least 15 minutes in the 7 days prior to the MDS
submission.
Record review of Nursing Progress Note written by LVN [Licensed Vocational Nurse] JJ on 7/26/2022 at
7:16 AM revealed Resident #75 had complaints of chest pains, received 2 doses of 0.4 [Nitrostat] with no
resolution of pain; sent to emergency room via emergency medical services.
Record review of Medication Administration Record for July 2022 revealed Resident #75 received 2 doses
of Nitrostat Sublingual 0.4 milligram on 7/25/2022.
Record review of hospital Discharge Instructions dated 7/27/2022 revealed Resident #75 had troponin
levels less than 0.1 nanograms per milliliter [elevated troponin levels, greater than 0.4 nanograms per
milliliter indicate a cardiac event].
Record Review of Nursing Progress Note written by LVN JJ on 7/28/2022 at 7:40 AM revealed Resident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 13 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
#75 was readmitted to facility.
Level of Harm - Minimal harm
or potential for actual harm
Record review of Psychological Services Progress Note dated 7/29/2022 at 5:20 PM by PSY D
[Psychology Doctor] revealed documentation that Resident #75 expressed anxiety associated with a recent
encounter with nursing staff.
Residents Affected - Some
Record Review of email dated 7/29/2022 at 5:15 PM from PSY D to the ADM [Administrator], the SW
[Social Worker], and the DON [Director of Nursing] revealed notification of Resident #75 concern that her
recent hospitalization was prompted by an argument Resident #75 had with an unnamed nursing staff.
Record review of single page In-Servicing dated 7/29/2022 signed by CNA [Certified Nursing Assistant] E
indicates topics presented by the ADON [Assistant Director of Nursing] included: Talk to residents with
dignity and respect; Ensure appropriate communication with family and residents; Continue to provide
excellent care to residents; Try to keep your voice at a modest level when talking with residents; Keep them
informed with what is going on. Simple comments like I'll be back in 5 minutes to check on her. Goes a long
way.
In a group interview on 10/13/2022 at 10:58 AM with the DON and ADON, the ADON stated their policies
and procedures to prevent abuse begins at recruiting, we check employees backgrounds, EMR [Employee
Misconduct Registry], OIG [Office of Inspector General], checking references and skills check offs. The
DON stated the facility reinforced training and education via [computer-based training] courses completed
within the first 21 days of employment, Abuse/Neglect/Exploitation, reporting burnout, On-The-Job training
and the administrative staff was on the floor and met residents, talked to staff, managed burn out by giving
staff positive feedback, providing morale boosters. The DON stated the facility reinforced training for
reporting immediately any allegations of Abuse/Neglect/Exploitation and identified to all staff the Abuse
Prevention coordinator as the ADM. The DON stated the SW has also provided reinforced training for
reporting any grievances.
In an interview on 10/13/2022 at 1:45 PM, Resident #75 stated she was speaking with her roommate's
family regarding care not provided timely to the roommate when an unnamed CNA rushed into the room,
and yelled, You don't need to telling (sp) about other residents! Resident #75 clutched one hand at the base
of her throat when she relayed, This startled me and scared me. Resident #75 stated she started having
chest pains after that. Resident #75 reported having chest pains to the nurse on duty and received 2 doses
of Nitroglycerin. Resident #75 stated the pain continued and an ambulance was called to take her to the
hospital. Resident #75 stated she knew it wasn't a real heart attack when the chest pain evaporated as
soon as the ambulance pulled into the hospital parking lot. It was like I just needed to get away from here.
Resident #75 stated she was embarrassed she was taken by ambulance to the hospital when it wasn't a
real emergency. Resident #75 further stated that she felt that the unnamed CNA tore her up for speaking
out of turn even though the family of her roommate specifically asked her to keep an eye on their loved one.
Resident #75 stated this had occurred several months ago, and that she had no problems with the CNA
since then. Resident #75 could not recall the name of the CNA.
In an interview on 10/13/2022 at 7:30 PM, the DON recalled being notified afterhours that Resident #75
had some issue regarding an interaction with staff. The DON stated she tasked the ADON with speaking
with resident about the situation. The DON stated the focus was more on the fact that Resident #75 was
relaying HIPAA type information about other residents and should not be responsible for relaying details to
the family members. The DON stated Resident #75 had a big heart and was very
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 14 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Minimal harm
or potential for actual harm
Residents Affected - Some
protective of her peers, especially her roommate. The DON stated at the time, the events did not rise to the
level of an allegation of abuse.
In an interview on 10/14/2022 at 9:25 AM the DON stated Resident #75 was assessed on the evening of
10/13/2022 and had no signs or symptoms of distress. The DON stated that the allegation of abuse was
reported within 1 hour of learning about Resident #75's recollection of the event. The DON stated that upon
further review and through their internal investigation the alleged perpetrator was CNA E, who was
currently on leave. The DON stated the Nurse on duty had quit and did not return any of the facility phone
calls. The DON provided telephone contacts for both CNA E and LVN JJ. [Neither CNA E nor LVN JJ
returned phone calls for interviews prior to exit of survey.]
In an interview on 10/14/2022 at 10:42 AM, the ADON stated he had assessed Resident #75 back then at
the time she returned from the hospital, as instructed by his DON and the event was not recalled in a way
that rose to the level of an allegation of abuse. The ADON stated he provided an on-the-spot In-Servicing
on customer service to CNA E.
In a group interview on 10/14/2022 at 11:19 AM, with the ADM, DON and ADON present, the DON stated
the incident occurred towards the end of July 2022. The DON stated the ADM, the DON, and the SW were
made aware via an email from the Psychologist that Resident #75 was upset about an interaction with
nursing staff causing Resident #75 being sent to the hospital. The DON then notified the ADON to assess
Resident #75. The ADON stated the allegation was not reported as it did not rise to the level of verbal
abuse based on the assessment at the time. The DON stated the alleged staff member continued to work,
after being In- Serviced. The DON stated the alleged staff member was not currently working as she was
on leave, out of state for a funeral. The DON stated the last time the alleged staff member worked was
more than a week prior to survey entrance.
In a group interview on 10/14/2022 at 11:27 AM with the SW, DON and ADM, the ADM stated she had
reported to state for possible abuse based on the 10/13/2022 conversation with Resident #75 . The DON
stated the resident indicated she felt startled. The DON stated she did not feel it was verbal abuse, but the
resident seemed intimidated by the loud volume, and harsh tone of voice CNA E used. The DON stated the
CNA was of a different culture and had a flat affect, and brusque manner. The DON stated the CNA would
be trained upon return to work. The DON stated an additional training course would be provided to all staff
entitled, Trust Building Through Effective Communication. The ADM added she concurred with the DON and
ADON responses to questions and added, we don't put anybody on the floor without the training needed;
and I supervise my staff.
In an interview on 10/14/2022 at 2:30 PM, the PsyD stated Resident #75 expressed being embarrassed for
being sent to the hospital after having an altercation with the CNA that triggered chest pain. The PsyD
stated the session was on 7/29/2022 between 4:40 and 5:20 PM. The PsyD stated after reviewing the notes
she made at the time, she characterized the event as an argument. The PsyD stated Resident #75 would
initially minimize her emotional state but would eventually accurately report her state of mind after some
rapport building. PsyD stated since that event, Resident #75 had not displayed any increase in maladaptive
behaviors or reported a decrease in engaging in coping mechanisms. PsyD stated Resident #75 had not
reported increased intensity or frequency of anxiety. PsyD stated she immediately reported the concerns
via email to the ADM, the SW and the DON.
In an interview on 10/16/2022 at 11:03 AM Resident #75 stated she had been checked on by facility staff
but could not recall any of the questions they might have asked. Resident #75 stated she had no concerns
with abuse or neglect and had no fear of staff or residents at this facility. Resident #75
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 15 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 - Minimal harm
or potential for actual harm
Residents Affected - Some
reiterated she had a problem when one staff member tore me up one side and down another, a few months
back when she was overheard responding to her roommates' family when they asked how the roommate
was being treated. Resident #75 stated tore me up meant the staff scolded her loudly for providing
information to the family. Resident #75 reiterated that this was the event that sent her to the hospital
unnecessarily a few months back. Resident #75 stated she was embarrassed she used up all those
resources and it was just a panic attack.
Record review of Nursing Administration Policy/Procedure under Leadership section, and Nursing Services
subject, revised 05/2007, revealed Each Resident is free from verbal, sexual, physical or mental abuse,
corporal punishment, and involuntary seclusion.
Record review of Policy/Procedure-Administration under Section: Resident Rights and Subject: Abuse Prevention of And Prohibition Against, revised 11/28/2017, revealed, it is the policy of this facility that each
resident has the right to be free from abuse, neglect, misappropriation of resident property and exploitation.
Further under section C Training, topics included prohibiting and preventing all forms of abuse .; identifying
what constitutes abuse .; recognizing signs of abuse .; reporting abuse .; procedures for reporting incidents;
understanding behavior symptoms of residents that may increase the risk of abuse and neglect and how to
respond. These symptoms include . aggressive and or catastrophic reactions of residents. Under section D
- Prevention, the facility will take action to prove protect and prevent abuse . By supervising staff to identify
and correct any inappropriate or unprofessional behaviors. Under section E identification the facility will
assist staff in identifying abuse . including mental slash verbal abuse . In addition, under Section I Definitions, abuse is defined as willful infliction of entry, unreasonable confinement, intimidation . with
resulting physical harm pain or mental anguish. Willful as used in this definition of abuse means individual
must have acted deliberately, not that the individual must have intended to inflict injury or harm.
2. Review of Resident #88's face sheet dated 10/14/2022 revealed the resident was admitted to the facility
on [DATE] and had diagnoses that included acquired absence of right leg below knee, chronic systolic
(congestive) heart failure (a condition in which the heart does not pump blood as well as it should),
essential (primary) hypertension (abnormally high blood pressure that is not the result of a medical
condition), chronic kidney disease stage 3 (mild to moderate damage to the kidneys function, where they
are less able to filter waste and fluid out of the blood) and Type 2 diabetes mellitus (the body either does
not produce enough insulin or it resists insulin).
Review of Resident #88's MDS dated [DATE] revealed the resident had a Brief Interview for Mental Status
(BIMS) score revealed 15, cognitively intact. Further review of the MDS revealed the resident required
extensive assistance of 1 staff person with transfers, dressing and personal hygiene.
Review of Resident #254 face sheet dated 10/15/2022 from the resident's closed medical record revealed
the resident was admitted [DATE], discharged on 8/29/2022 and had diagnoses that included chronic
diastolic (congestive) heart failure (the left ventricle of the heart has become stiff and cannot fill with blood),
cerebral palsy (a congenital disorder of movement, muscle tone or posture due to abnormal brain
development, often before birth) and acute respiratory failure with hypoxia (impairment of gas exchange
between the lungs and the blood causing the body to be deprived of adequate oxygen in the body tissues).
Review of Resident #254's Quarterly MDS dated [DATE] from the resident's closed medical record revealed
the resident had a BIMS score of 9, moderately impaired cognitive status. Further review of the MDS
revealed the resident required extensive assistance of 2 staff members for bed mobility,
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 16 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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
dressing and personal hygiene.
Level of Harm - Minimal harm
or potential for actual harm
In an interview on 10/13/2022 at 2:25 p.m. with Resident #88 revealed approximately 6 months ago CNA F
and an agency staff were providing peri-care to his former roommate, #254. The resident stated he
overheard his roommate say, Why did you sock me in the eye? to CNA F. Resident #88 reported the CNA
did not respond to the question and the resident did not see the incident because the privacy curtain was
pulled. The resident reported they had informed Resident #254's responsible party and thought he had told
the facility. Resident #88 reported he thought he had spoken to the Social Worker about the incident. The
resident reported CNA F was no longer allowed to come into his room.
Residents Affected - Some
In an interview on 10/14/2022 at 9:30 a.m. with the Social Worker revealed she had not heard about the
incident until it was reported to the administrative staff the previous day by another surveyor. The Social
Worker stated she spoke to Resident #88 and the resident was upset because CNA F did not apologize to
Resident #254 but believed it was an accident.
In an interview on 10/14/2022 at 9:35 a.m. with the DON she stated CNA F had not been going into
Resident #88's room because she thought she might be accused of something she did not do. The DON
reported she was not aware about the incident until yesterday, 10/13/2022. The DON reported either
Resident [NAME] hit himself with his own hand or the aide accidentally hit him. The DON stated Resident
#88 did not think it was intentional. The DON stated CNA F was suspended pending outcome of the
investigation.
In an interview on 10/14/2022 at 9:48 a.m. with CNA F she revealed she thought the incident occurred 8
months to a year ago. The CNA stated Resident #254 had needed peri-care and because he required two
staff members during care, she had an agency aide with her. The CNA stated after she completed providing
peri-care for Resident #254 she was putting on his shirt when the resident stated, Why did you hit me in the
eye?. She stated she explained to the resident she had not hit him in the eye. The agency aide was also
present and did not see anyone hit him in the eye. CNA F stated after the resident had made the
accusation, she did not want to go into his room again. The CNA stated she never reported the incident to
anyone. The CNA reported she was suspended pending outcome of the investigation.
Review of the incident report revealed it was dated 10/13/2022, after the administration was informed about
the allegation by the survey team.
Review of the facility policy, Abuse: Prevention of and Prohibition Against, Revised 11/28/2019, under the
heading, H. Reporting/Response revealed, 1. All allegations of abuse, neglect, misappropriation of resident
property, or exploitation should be reported immediately to the Administrator. And 2. Allegations of abuse,
neglect, misappropriation of resident property, or exploitation will be reported outside the Facility and to the
appropriate State or Federal agencies in the applicable timeframes, as per this policy and applicable
regulations.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 17 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0637
Assess the resident when there is a significant change in condition
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to submit a significant change within 14 days after the facility
determines, or should have determined, that there has been a significant change in the resident's physical
or mental condition. (For purpose of this section, a significant change means a major decline or
improvement in the resident's status that will not normally resolve itself without further intervention by staff
or by implementing standard disease-related clinical interventions, that has an impact on more than one
area of the residents health status and requires interdisciplinary review or revision of the care plan, or
both.) for 1 of 8 (#46) residents in the 400 hall in that:
Residents Affected - Few
Resident #46 was on hospice services, but no significant change was made on her MDS.
This could affect all resident with significant changes in health and could result in residents not provided
services.
The Findings were:
Record review of Resident #46's face sheet dated 10/13/2022 revealed she was admitted on [DATE],
re-admitted on [DATE] with diagnoses of dementia, cognitive communication deficit, abnormal posture, and
reduced mobility.
Record review of Resident #46's physician consolidated order revealed she started hospice services on
6/9/2021.
Record review of Resident #46's Significant change MDS dated [DATE] revealed she was not on hospice
services. Resident #46's Quarterly MDS dated [DATE] revealed she was on hospice services.
Record review of Resident #46's care plan dated 7/31/2022 revealed she was on hospice services.
Interview on 10/15/2022 at 10:37 AM with MDS stated she had started working on May 2022. The MDS
nurse stated Resident #46 did not have a significant change for hospice services. The MDS nurse stated
the MDS department and IDT team was responsible for making sure residents MDS and care plans were
accurate. The MDS nurse stated she followed the CMS RAI [NAME]. The current MDS stated this was
completed before she started working at the facility.
Record review of the Policy MDS Assessments dated October 2019 revealed Coding tips and special
populations-if a nursing home resident elects the hospice benefit, the nursing home is required to complete
an MDS Significant Assessments.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 18 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0644
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Coordinate assessments with the pre-admission screening and resident review program; and referring for
services as needed.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews and record reviews the facility failed to coordinate assessments with the
pre-admission screening and resident review (PASARR) program under Medicaid in subpart C of this part
to the maximum extent practicable to avoid duplicative testing and effort. Coordination includes Referring all
level II residents and all residents with newly evident or possible serious mental disorder, intellectual
disability, or a related condition for level II resident review upon a significant change in status assessment
for 1 of 1 (#24) in that:
Resident #24 had a diagnoses of mental illness and was not referred for a PASSAR evaluation (II).
This could affect all residents with mental illness and could result in a decrease in PASSAR services.
The Findings were:
Record review of Resident #24 face sheet dated 10/15/2022 revealed she was admitted on [DATE],
re-admitted on [DATE] with diagnoses of major depressive (4/17/2019), dementia, schizophrenia
(11/1/2016, 4/20/2020), epilepsy, seizures, vascular dementia (4/17/2019) and cognitive communication
deficit. Record review of Resident #24's face sheet revealed her payer source was Medicaid/Medicare.
Record review of Resident #24's PASARR level 1 was dated 9/30/2016 and was negative. No other
PASARR was completed.
Record review of Resident #24's consolidated orders for October 2022 revealed her diagnoses was major
depressive disorder 4/17/2019) and schizophrenia (11/1/2016).
Record review of Resident #24's Annual MDS dated [DATE] revealed in section I Active Diagnoses,
Psychiatric/Mood disorder was documented depression, psychotic disorder and schizophrenia. In MDS for
Resident #24, section N Medications was documented antipsychotic and antidepressant.
Record review of Resident #24's care plan dated 8/18/2022 was documented currently on antidepressant
medications use related to depression and psychotropic medications use related to schizoaffective with
diagnoses of major depressive disorder and schizophrenia. No PASARR serviced were care planned.
Interview on 10/12/2022 at 11:57 AM with Resident #24 revealed she was confused when surveyor asked
her a question, she did not respond appropriately.
Interview on 10/15/2022 at 10:30 AM with MDS nurse stated she started in May 2022 and Resident #24
should have been triggered as PASSAR for her mental illness diagnoses.
Interview on 10/15/2022 at 12:27 PM with the SW (social worker) stated not sure why Resident #24 was
not trigger for PASSAR service, with a mental illness and will call previous MDS. SW never returned for
response.
Interview on at 10/15/2022 at 2:33 PM with MDS nurse stated the PASSAR for Resident # 24 should
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 19 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0644
have been a positive PASSAR.
Level of Harm - Minimal harm
or potential for actual harm
Interview on at 10/16/2022 at 10:31 AM with the DON stated the MDS nurse and SW would be responsible
for ensuring residents had a PASARR.
Residents Affected - Few
Record review of policy Resident Assessments (no date) revealed: The facility will designee a n individual
to follow up on all residents have received a PASRR level i screening. If facility serves a resident with a
positive PASSR level i screening, the facility must have obtained a PASSR level II evaluation form to local
authority or have documented attempts to follow with the local authority to obtain the PASSR level II
evaluation. Procedure: Nursing individual must: A coordinate with referring entities to ensure that any
person seeking admission to a Medicaid certified NF received a PASRR level I screening for an intellectual
disability, related to developmental disability or mental illness prior to admission. B Coordinate with the local
authority to ensure a PASRR level II evaluation is conducted when a determination of intellectual disability,
developmental disability and mental illness is made.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 20 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0656
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Develop and implement a complete care plan that meets all the resident's needs, with timetables and
actions that can be measured.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review, the facility failed to develop and implement a comprehensive
person-centered care plan for the resident, consistent with the resident rights, that included measurable
objectives and timeframe's to meet a resident's medical, nursing, and mental, and psychosocial needs that
were identified in the comprehensive assessment, for 3 of 9 residents (Residents #13, #18, #88) reviewed
for comprehensive care plans.
1. The facility failed to develop a comprehensive care plan that addressed Resident #13's behaviors toward
her roommates.
2. The facility failed to develop a comprehensive care plan that addressed Resident #18's pacemaker.
3. The facility failed to develop a comprehensive care plan that addressed Resident #88's code status.
These deficient practices could place residents at risk for not receiving the appropriate care and services
needed to maintain optimal health.
The findings were:
1. Review of Resident #13's face sheet dated 10/15/2022 revealed the resident was admitted to the facility
on [DATE] and had diagnoses that included cognitive communication deficit, essential hypertension
(abnormally high blood pressure that is not the result of a medical condition), unspecified dementia
unspecific severity without behavioral disturbance, psychotic disturbance, move disturbance, and anxiety,
chronic embolism and thrombosis (a blood clot that forms in the vein) of unspecified deep veins of right
lower extremity, and bipolar disorder (a disorder associated with episodes of mood swings ranging from
depressive lows to manic highs).
Review a resident #13's Quarterly MDS dated [DATE] revealed the resident had a Brief Interview for Mental
Status (BIMS) score of 12, moderately impaired cognitive status. Further review of the MDS revealed
Resident #13 required extensive assistance of one person for transfers, dressing and personal hygiene.
Review of Resident #13's care plan initiated 3/2/2022 revealed the resident was on psychotropic medication
(Seroquel) related to behavior management/insomnia and a care plan initiated 3/4/2022 revealed the
resident was at risk for psychosocial well-being related to the pandemic.
In an interview on 10/11/2022 at 11:57 a.m. with Resident #13 revealed the facility was discharging the
resident because she did not want a roommate. The resident denied the allegation.
In an interview on 10/11/2022 at 12:07 p.m. with the facility Social Worker (SW) revealed Resident #13
received a 30-day notice to discharge because she did not get along with other residents placed in the
room with her.
In an interview on 10/15/2022 at 9:27 a.m. with the Administrator revealed Resident #13 was given a
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 21 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0656
30-day notice for discharge because she was aggressive and verbally abusive to her roommates.
Level of Harm - Minimal harm
or potential for actual harm
In an interview 10/15/2022 at 9:44 a.m. with the Social Worker, after she reviewed Resident #13's care
plans she revealed she had not created a care plan addressing the resident's behaviors toward her
roommates, but she should have.
Residents Affected - Some
2. Review Resident #18's face sheet dated 10/13/2022 revealed the resident was admitted to the facility on
[DATE] and had diagnosis that included type 2 diabetes mellitus without complications, respiratory
disorders (lung disease) in diseases classified elsewhere, essential hypertension (high blood pressure
that's not a result of a medical condition), chronic kidney disease stage 2 (kidney disease status still mild)
and heart failure (a condition in which the heart cannot pump or fill blood adequately).
Review of a physician progress note dated 9/8/2022 revealed the resident reported she had not been seen
by cardiology for her pacemaker since she moved to Texas and believed it's been years since she saw a
doctor for it.
Review of Resident #18's October 2022 Order Summary Report revealed referral to cardiac
electrophysiologist for routine follow up of pacemaker with an order date of 9/9/2022.
Review of Resident #18's Annual MDS dated [DATE] revealed the resident had a Brief Interview for Mental
Status (BIMS) score of 9, moderately impaired cognitive status.
Review of Resident #18's care plans, last revision date 7/27/22, did not reveal a care plan for a pacemaker.
In an interview on 10/12/2022 at 3:21 p.m. with Resident #18 she revealed she had a pacemaker.
In an interview on 10/15/2022 at 9:41 AM with the MDS Coordinator , after looking over resident #18's
physician orders and care plans, revealed had not created a care plan for the resident's pacemaker.
3. Review of Resident #88's face sheet dated 10/14/2022 revealed the resident was admitted on [DATE]
and had diagnosis that included type 2 diabetes mellitus with diabetic chronic kidney disease (damage of
small blood vessels throughout the body due to diabetes, affecting the kidneys), mixed hyperlipidemia (an
inherited condition in which levels of certain lipids or fats in the blood are higher than they should be), major
depressive disorder, heart disease, and essential hypertension.
Review of Resident #88's October 2022 Order Summary Report revealed an order for full code with an
order date of 8/30/2022.
Review of Resident #88's most recent MDS dated [DATE] revealed the resident had a Brief Interview for
Mental Status (BIMS) score of 15, cognitively intact.
Review of Resident #88's care plans, last review dated 9/30/2022, revealed there was not a care plan for
the residents code status.
In an interview on 10/15/2022 at 9:41 a.m. with the MDS coordinator she revealed the social worker usually
wrote the care plans for a residence code status.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 22 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0656
Level of Harm - Minimal harm
or potential for actual harm
In an interview on 10/15/2022 at 9:45 a.m. with the social worker revealed she used to write the code status
care plans but recently the MDS Coordinator began writing code status care plans. After reviewing the
resident's record, the social worker revealed she could not find a care plan for Resident #88 full code
status. The social worker stated they write code status care plans whether the resident was full code or had
a Do Not Resuscitate order.
Residents Affected - Some
In an interview on 10/15/2022 at 9:41 AM with the MDS coordinator she stated the care plans directed a
resident's care and made sure that care was provided and being followed up.
Review of the facility policy, Comprehensive Resident Centered Care Plan with the revision date of January
2022 revealed 4. the facility interdisciplinary team will develop and implement a comprehensive
person-centered care plan for each president within seven days of completion add the resident minimum
data set and will include residence needs identified in the comprehensive assessment, any specialized
services as a result of PASARR recommendation and residence goals and desired outcomes, preferences
for future discharge and discharge plans.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 23 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted
professional principles; and all drugs and biologicals must be stored in locked compartments, separately
locked, compartments for controlled drugs.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, record review and interview, the facility failed to assure medications were secured in locked
compartments and accessible only to authorized personnel for 1 (Resident #96) of 30 residents reviewed
for storage of medication; in that:
A souffle cup with 4 unidentified medications and a plastic cup of clear liquid was observed unattended on
the Residents' bedside table.
This deficient practice could lead to unintended ingestion of unprescribed medications by another resident,
visitor, or staff.
The findings were:
Record review of admission Record revealed Resident #96 was an [AGE] year-old female, admitted on
[DATE] with the following diagnoses: age-related cognitive decline; generalized muscle weakness;
unsteadiness on feet.
Record review of annual MDS dated [DATE], revealed Resident #96 had a BIMS [Brief Interview for Mental
Status] Summary Score of 15, indicative of intact cognition with fluctuating disorganized thinking.
Record review of Care Plan revised on 10/04/2022 revealed Resident #96 had a focus area of at risk for
impaired cognitive function with associated interventions: administer medications as ordered; keep routine
consistent; monitor/document/report to MD any changes in cognitive function, specifically changes in
decision making ability, memory, recall and general awareness .Care Plan does not address
self-administration of medications.
Record review of order summary report printed10/13/2022 at 9:49 AM, revealed active orders for oral
administration: Dr. Sears' Primal Force Anti-Aging Omega Rejuvenol tablet with instructions give one tablet
every day for supplement with a start date of 9/13/2022; Ascorbic Acid [Vitamin C] Tablet 500 milligram with
instructions give one tablet two times a day for supplement with a start day of 4/30/2021; Ginseng Capsule
with instructions give 1 capsule by mouth one time a day for supplement with a start date of 9/13/2022;
PreserVision AREDS 2 with instructions to give 1 capsule by mouth two times a day for supplement with a
start date of 4/16/2022; MiraLAX Powder with instructions to give 17 gram by mouth two times a day for
constipation with a start date of 10/4/2022. Orders do not reflect self-administration of medications.
Record review of Assessments tab of electronic health record, printed 10/13/2022 at 9:49 AM, do not
reflect an assessment for safe self-administration of medications was documented.
Record review of Progress Notes tab of electronic health record, printed 10/16/2021 at 2:26 PM, do not
reflect any documentation related to safe self-administration of medications program.
In an observation on 10/13/2022 at 9:14 AM in room [ROOM NUMBER] at bed B with Resident #96 there
was a souffle cup with 4 unidentified pills in it and a cup of an unidentified liquid in it.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 24 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
In an interview on 10/13/2022 at 9:22 AM, Resident #96 stated the liquid was MiraLAX delivered the
evening before [10/12/2022] around 7:30 PM, and the pills were a smart pill, a pill for general wellness,
vitamin C, and a pill for my eyes. Resident #96 stated the pills had been provided to her around 7:30 or 8:00
AM that morning. Resident #96 stated the NP had given special permission for Resident #96 to hold on to
her medications so that she may take them on a full stomach. Resident #96 stated she did not like much of
the breakfast and therefore did not eat much. Resident #96 stated she would take the liquids and pills when
her lunch tray was delivered. Resident #96 stated if she did not take her medications on a full stomach she
would get sick.
In an interview on 10/13/2022 at 9:55 AM, LVN AA stated there were 4 pills in a clear souffle cup, but she
could not confirm what the liquid was. LVN AA stated MiraLAX should dissolve completely in water. LVN AA
stated she had not administered any medications to Resident #96. LVN AA stated Resident #96 was on MA
G's case load today. LVN AA left the medications at the bedside with Resident #96 when LVN AA exited the
room.
In an interview on 10/13/2022 at 10:19 AM, MA G stated she had delivered the medications in the souffle
cup to Resident #96 earlier that morning. MA G stated Resident #96 frequently would not want to take
medications without food. MA G stated Resident #96 had expressed to her that she did not like what was
going to be served for breakfast and would take the medications at lunch. MA G stated she left the
medications with the resident as per the resident's request. MA G stated the electronic Medication
Administration Record did not include instructions for self-administration of medications for Resident #96.
MA G stated she would remove the medication, consult with a Registered Nurse, and if allowed administer
the medications at lunch.
In an interview on 10/13/2022 at 10:25 AM, ADON stated none of the Residents are currently on a
self-administration program. ADON stated medications should not be left at the bedside. ADON stated the
staff administering medications should stay until the medications are swallowed.
In an interview on 10/13/2022 at 11:00 AM, the DON stated the NP was on site, and she would ask the NP
to come to the conference room for an interview. [The NP did not show up for the interview and was not
interviewed prior to survey exit.]
In an interview on 10/16/2022 at 3:02 PM, the DON stated it is the responsibility of the ADON, DON, and
the Pharmacist Consultant to train staff on safe medication administration. The DON stated training is
conducted during on boarding for new hires, annually, and periodic skills check off is done with the
Pharmacist Consultant at least quarterly. The DON stated additional In-Servicing is done as needed and
on-demand. The DON stated it is the ADON, the Pharmacist Consultant, and her responsibility to ensure
compliance via spot checks, and Pharmacist Consultant observations. The DON stated the risk for leaving
medications unattended at Resident #96's bedside was low, as Resident #96 was conscientious not to
leave the medications unattended; the roommate was non-ambulatory; and there were virtually no residents
that wandered into other resident rooms on that hall.
Record review of Medication Administration Policy and Procedure revised 05/2007 revealed in Step 8. The
person administering medication must remain with the resident until all medication has been swallowed.
.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 25 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0803
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Ensure menus must meet the nutritional needs of residents, be prepared in advance, be followed, be
updated, be reviewed by dietician, and meet the needs of the resident.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews and record reviews the facility failed to meet the nutritional needs of residents in
accordance with established national guidelines for 2 of 8 (#12, #42) reviewed for supplements and faild to
ensure that the menu was followed for 1 of 1 meal observed in that:
1. Resident #12 did not get his fortified pudding and magic cup on the lunch tray.
2. Resident #46 did not get her magic cup on the lunch tray.
3. The facility did not serve margarine during the lunch meal as per the menu on 10/13/2022.
This failure could place residents at risk for dissatisfaction, poor intake, and diminished quality of life.
The findings were:
1. Record review of Resident #12's face sheet revealed he was admitted on [DATE] revealed he was
admitted on [DATE] with diagnoses of epilepsy (a neurological disorder marked by sudden recurrent
episodes of sensory disturbance, loss of consciousness, or convulsions, associated with abnormal
electrical activity in the brain), cognitive communications deficit, dysphagia (difficulty or discomfort in
swallowing, as a symptom of disease.), intellectual disabilities and quadriplegia (paralysis of all four limbs).
Record review of Resident #12's diet order card revealed a puree honey diet supplements included was
fortified pudding and magic cup.
Record review of Resident #12's chart in the weight sections revealed Resident #12 was gaining weight.
Record review of Resident #12's Quarterly MDS dated [DATE] revealed in section C- Cognitive Patterns
was severely impaired and section G Functional status required total to extensive assistance with ADLs,
eating he required total dependence with 1-person physical assistance.
Record review of Resident #12's care plan dated 10/4/2022 revealed he had a potential problem related to
diet restrictions of honey thicken liquids, and puree diet, need for staff assistance by mouth, provide and
serve died as orders, provide assistance with meals.
Observation on 10/11/2022 at 12:40 PM with CNA GG was feeding lunch to Resident #12 and on his plate,
he received a puree diet, no magic up or fortified pudding.
Interview on 10/11/2022 12:40 PM with CNA GG was feeding Resident #12 puree diet with no magic up or
fortified pudding
Observation on 10/13/2022 at 5:28 PM with CNA HH was serving tray to Resident # 12 revealed on his
dinner tray had no supplements on trays.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 26 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0803
Level of Harm - Minimal harm
or potential for actual harm
Interview on 10/13/2022 at 5:28 PM with CNA HH was serving tray Resident # 12 and confirmed no
supplements on trays. CAN HH stated the diet order cards listed supplements should be on resident trays.
Interview on 10/13/2022 at 6:10 PM with LVN CC stated the preferences were a list of choices residents
may get on their tray.
Residents Affected - Some
Interview in 10/13/2022 at 6:00 PM with Dietary Aide II stated she gets the resident foods ready on the
trays and stated the diet order card supplements were to be on the resident trays.
2. Record review of Resident #46's face sheet dated 10/13/2022 revealed she was admitted on [DATE],
re-admitted on [DATE] with diagnoses of dementia, cognitive communication deficit, abnormal posture, and
reduced mobility.
Record review of Resident #46's diet order card revealed puree nectar, supplements she had magic cup.
Record review of Resident #46's chart in the weight sections revealed Resident #46's weight was stable.
Record review of Resident #12's Quarterly MDS dated [DATE] revealed in section C- Cognitive Patterns her
BIMS score was 8/15 (moderately impaired) and section G Functional status required total to extensive
assistance with ADLs, eating she required extensive assistance withe 1-person physical assistance.
Record review of Resident #12's care plan dated 9/21/2022 revealed she had an ADL Self-Care
performance deficits related to debility, diagnosis of multiple sclerosis, had right shoulder
limitation-moderate, bilateral ankle minimal assist-interventions-eating assist at mealtimes with set up tray
only.
Observation on 10/11/2022 at 11:05 ma with Resident #46 revaled she did not have a magic cup on her
lunch tray.
Interview on 10/14/2022 at 9:15 AM with Assist Dietary manager JJ stated the staff had discussed the
missing supplements for the 2 residents, Resident #12 and#46. A. Manager stated he had told the dietary
aides to make sure the supplements for residents were on the trays, he stated the
preferences/supplements were to be on resident trays and served to residents.
Interview on 10/16/2022 10:39 AM with DON stated the dietary department was responsible to ensure the
supplants were on resident trays when served. The DON stated that the nurses on hall should make sure
the supplements listed on the diet orders are on the resident's tray. The DON stated the dietary department
was responsible for making sure residents diet/supplements were accurate on the resident meal trays.
Record review of policy Menu compliance dated 11/2016 revealed It is the policy of this facility to adhere to
menus and .to provide adequate nutrition to the residents. The end results of tray line accuracy and menu
compliance are -resident maintain nutritional adequacy .The dietary manager or designee will monitor try
line service to ensure menus are being followed and served correctly.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 27 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0803
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
3. Review of the lunch menu for 10/13/2022 revealed fried fish, southwest coleslaw, cornbread, blueberry
cobbler, margarine, coffee\ tea.
Observation on 10/13/2022 from 11:55 a.m. to 12:56 p.m. revealed the kitchen was serving the lunch.
Observation throughout the meal service revealed staff did not provide margarine for any of the food plates
served.
In an interview on 10/13/20 22 at 12:56 AM with dietary aide KK revealed she had forgot to serve
margarine with all the lunch meals served. The aid reported she forgot because there was too much going
on during meal service.
In an interview on 10/15/2022 at 2:51 p.m. with the assistant dietary supervisor LL revealed margarine was
an important part of the meal because it adds more calories and can be used for moisture and added
flavor.
Review of the facility policy Dietary, Subject: Menu Compliance, revised 11\ 2016 revealed It is the policy of
this facility to adhere to menus and recipes as written in order to provide adequate nutrition to the
residence and The end results of tray line accuracy in menu compliance are clients\ residents maintain
nutritional adequacy, decreased resident complaints, and improved satisfaction of families.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 28 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0813
Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews and record review the facility failed ensure store and serve food in accordance with
professional standards for food service safety for 3 of 8 (#10. #46, #52) residents with food items in
personal refrigerator in that:
Residents Affected - Some
1. Resident #10 personal refrigerator had a container of cream cheese with no open date.
2. Resident #46 personal refrigerator had 2 food times wrapped in foil and bottle of ensure with no open
date.
3. Resident #52 personal refrigerator had small bowel of pudding with no open date.
This could affect all residents with personal refrigerator and could result in food borne illness.
The Findings were:
1. Record review of Resident #10's face sheet dated 10/12/2022 revealed she was admitted on [DATE],
readmitted on [DATE] with diagnoses of multiple sclerosis, dementia, major depressive disorder and muscle
weakness.
Observation on 10/11/2022 at 11:24 AM in Resident #10's room, she had a personal refrigerator that
contained a container of cream cheese with no open date.
Interview on 10/11/2022 at 11:25 AM with Resident #10 stated the staff get her food items from her
personal refrigerator for her because she could not reach the refrigerator.
Interview on at 10/12/2022 at 10:39 AM CNA MM stated Resident # 10 personal refrigerator had no open
date on the cream cheese.
2. Record review of Resident #46's face sheet dated 10/13/2022 revealed she was admitted on [DATE],
re-admitted on [DATE] with diagnoses of dementia, cognitive communication deficit, abnormal posture, and
reduced mobility.
Observation on 10/11/2022 at 11:05 AM in Resident #46's room, she had a personal refrigerator 2 food
times wrapped in foil with no open dates and bottle of ensure with no open date.
Interview on 10/11/2022 at 11:06 AM with Resident #46 stated she was not sure what was in her personal
refrigerator and staff help her get food items from refrigerator because she is not able to get out of bed.
Interview on 10/12/2022 at 10:40 AM CNA MM stated Resident # 10 personal refrigerator had no open date
for 2 food times wrapped in foil and bottle of ensure.
3. Record review of Resident #52's face sheet dated 10/13/2022 revealed she was admitted on [DATE],
readmitted on [DATE] with diagnoses of Alzheimer's disease, need assistance with personal care, cognitive
deficit, unsteady on feet, and muscle wasting.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 29 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0813
Level of Harm - Minimal harm
or potential for actual harm
Observation on 10/11/2022 at 10:59 AM in Resident #52's room, she had a personal refrigerator with a
small bowel of pudding with no open date.
Interview on 10/11/2022 at 10:59 AM with Resident #52's stated she was not sure what was in her personal
refrigerator and staff help her with food items.
Residents Affected - Some
Interview on 10/12/2022 at 10:42 AM CNA MM stated Resident # 10 personal refrigerator had no open date
for the small bowl of pudding.
Interview on 10/16/2022 10:39 AM with DON discussed the food items in resident personal refrigerator with
no open date stated the CNAs usually are in and out of the resident personal refrigerator and look to see if
food items are good. No policy was provided before exiting facility.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 30 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0842
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Safeguard resident-identifiable information and/or maintain medical records on each resident that are in
accordance with accepted professional standards.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews and record reviews the facility failed to maintain medical records on each resident that were
complete and accurate, in accordance with accepted professional standards and practices for 1 of 3
residents (Resident #97) reviewed for accurate records.
Resident #97 medical records did not include a physician's order for laboratory test performed.
This deficient practice could place residents at risk for harm by inaccurate records.
The findings include:
A record review of Resident #97's admission record, dated 10/14/2022, revealed an admission date of
9/27/2022 with diagnoses which included hypertension (high blood pressure), cerebral infarction .occlusion
.left anterior cerebral artery, and Deep Vein Thrombosis (a blood clot in a deep vein, most commonly in the
legs or pelvis).
A record review of Resident #97's care plan, dated 10/14/2022 revealed, [Resident #97] is on anticoagulant
therapy related to deep vein thrombosis .RN C
A record review of Resident #97's medical records revealed an admission note authored by NP, on
9/27/2022, with an intended laboratory order for PT/INR 9/28 [Prothrombin is a protein made by the liver. It
is one of several substances known as clotting (coagulation) factors. PT Prothrombin time measures the
time clots form in a sample).
A record review of Resident #97's medical records revealed RN C assessed Resident #97 on 9/27/2022 for
admission.
A record review of Resident #97's medical records revealed a final result for a PT/INR lab, collection date:
9/28/2022, signed by NP on 9/30/3022.
During an interview on 10/14/2022 at 3:50 PM RN C stated she admitted Resident #97 on 9/27/2022. RN C
stated she called the laboratory and set up a PT/INR lab draw for Resident #97 on 9/28/2020. RN C stated
the procedure is for the nurse who receives the order to place the order in the resident's electronic record
and then call the laboratory to schedule the order. RN C stated she failed to record residents NP's order for
a PT/INR for 9/28/2022 in the Resident's medical record. RN C stated Resident #97 did receive the
venipuncture, did receive laboratory results which were reported to the NP but the order was not
documented. RN C stated the inaccurate record could have placed residents at risk for harm by not
providing the interdisciplinary team accurate data in providing care for residents.
During an interview on 10/14/2022 at 04:11 PM the DON stated RN C assessed Resident #97 for
admission on [DATE] and did not document the NP's order for Resident #97's PT/INR venipuncture on
9/28/2022. The DON stated the failure was not per facility policy which called for residents to have accurate
medical records and for nurses to document all prescribers' orders. The DON stated Resident #97 did
receive the anticoagulant medication as ordered, did receive the laboratory services as ordered but the
order for the initial laboratory order was not entered into Resident #97's medical record by RN
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 31 of 32
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
676238
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
10/16/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - North
11020 Dessau Rd
Austin, TX 78754
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 0842
Level of Harm - Minimal harm
or potential for actual harm
C. the DON stated the inaccurate record could have placed residents at risk for harm by not accurately
documenting residents care. A policy regarding the documentation of prescribers' orders was requested but
not provided by the exit date 0f 10/16/2022.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676238
If continuation sheet
Page 32 of 32