F 0578
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to
participate in experimental research, and to formulate an advance directive.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to ensure residents' right to formulate an advance directive for
1 of 1 resident (Resident #1) reviewed for advanced directives, in that:
The facility failed to ensure Resident #1, a competent adult, signed his own OOH-DNR and allowed the
resident's Medical Power of Attorney (MPOA) to complete the document.
This failure could place residents at-risk of having their end of life wishes dishonored.
The findings were:
Record review of Resident #1's face sheet, dated [DATE], revealed the resident was admitted on [DATE]
with diagnoses that included: olecranon bursitis (inflammation of the bursa or fluid filled sacs that reduce
friction between moving parts in the body's joints) of left elbow, Parkinson's Disease (progressive nervous
system disorder that affects movement), benign neoplasm (abnormal but noncancerous collection of cells)
of lower jawbone and neurocognitive disorder with Lewy Bodies (abnormal aggregations of protein that
develop inside nerve cells). Further review of Resident #1's face sheet, dated [DATE], revealed under the
section ADVANCE DIRECTIVE: DNR
Record review of Resident #1's admission MDS, dated [DATE], revealed a BIMS score of 15, which
indicated the resident was cognitively intact.
Record review of Resident #1's Care Plan, print date [DATE], revealed a focus area, Resident does not
want CPR performed. Fully executed OOH DNR in place. Date initiated [DATE]
Record review of Resident #1's electronic medical record Order Summary Report, Active Orders as of
[DATE], revealed an order dated [DATE] for DNR. Further review revealed an OOH-DNR signed by
Resident #1's family member in section C, Declaration by a qualified relative of the adult person who is
incompetent or otherwise incapable of communication. The OOH-DNR was signed by the physician and two
witnesses, witness #2 was the facility SW.
Record review of the INSTRUCTIONS FOR ISSUING AN OOH-DNR ORDER, revised [DATE], by the Texas
Department of State Health Services, revealed If an adult person is competent and at least [AGE] years of
age, he/she will sign and date the Order in Section A. If the adult person in incompetent or otherwise
mentally or physically incapable of communication and does not have a guardian, agent, or proxy, then a
qualified relative may execute the OOH-DNR Order by signing and dating it in Section C.
(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 2
Event ID:
676240
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
676240
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/11/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Cibolo Creek
1440 River Rd
Boerne, TX 78006
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 0578
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Record review of the ADVANCE DIRECTIVE ACKNOWLEGMENT form included in the Admissions
Agreement, dated [DATE], signed by Resident #1 revealed I DO NOT possess an Advance Directive and
DO NOT WISH TO INITIATE A DNR.
In a record review and interview with the SW on [DATE] at 2:30 p.m., the SW revealed that when Resident
#1 was admitted he had an OOH-DNR that was completed incorrectly and mentioned this to the family
member who said because she was Resident #1's MPOA she would sign a new OOH-DNR. The SW
revealed Resident #1's family member later came to her office and completed the OOH-DNR that was in
Resident #1's electronic record. The SW also revealed she had interviewed Resident #1 and completed a
BIMS assessment with him on two occasions, [DATE] and [DATE] in which Resident #1 scored a 15 each
time. The SW confirmed a score of 15 indicated the resident to be cognitively intact. The SW was asked if
the OOH-DNR was valid with the family member's signature if Resident #1 is competent and the SW stated
technically, I guess it's not legal. The SW was asked if a conversation had occurred with Resident #1
regarding his wishes and the SW stated she would need to have that conversation to determine if he
wanted to sign a new OOH-DNR. When asked about the potential harm of having someone other than a
competent resident sign the OOH-DNR, the SW stated the resident's wishes may not be known or followed.
In an interview with the DON on [DATE] at 2:45 p.m., the DON confirmed Resident #1's OOH-DNR to not
be valid and revealed she would follow up immediately with the SW to ensure Resident #1's wishes were
known, and his code status correct.
In an interview with the Administrator on [DATE] at 3:10 p.m., the Administrator revealed the SW had
informed her that Resident #1's OOH-DNR was not valid, and the SW was meeting with him to discuss his
rights and assist with completing a new OOH-DNR if that was his wishes.
Record review of the facility's policy titled, Residents' Rights Regarding Treatment and Advance Directives,
undated, It is the policy of this facility to support and facilitate a resident's right to request, refuse and/or
discontinue medical or surgical treatment and to formulate an advance directive.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676240
If continuation sheet
Page 2 of 2