F 0552
Ensure that residents are fully informed and understand their health status, care and treatments.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interviews and record reviews, the facility failed to ensure the resident's had the right to be informed of the
risks, and participate in, his or her treatment which included the right to be informed in advance, by the
physician or other practitioner or professional, of the risks and benefits of proposed care, of treatment and
treatment alternatives or treatment options and to choose the alternative or option he or she preferred, for 1
of 5 residents (Resident #1) reviewed for resident rights .
Residents Affected - Some
The facility failed to provide information to Resident #1 in advance about his newly diagnosed mental illness
and the benefits and risks of Chlorpromazine (an anti-psychotic medication) therapy and alternative options
available to him.
This failure could place residents at risk of receiving medications without their prior knowledge or consent,
or that of their responsible party.
The findings include:
Record review of Resident #1's face sheet, dated 08/10//2023, revealed a [AGE] year-old male whose
admission to the facility was 08/02/2023. The resident had diagnoses of Cellulitis(Bacterial infection) of right
toe, Osteomyelitis (inflammation or swelling of bone tissue ), right ankle and foot, Hypertension, Chronic
Kidney Disease, Atherosclerotic heart disease( thickening or hardening of the arteries) of native coronary
artery9 Artery of the heart) without angina pectoris(Chest pain), Type 2 diabetes mellitus with diabetic
nephropathy(the deterioration of kidney function.), Diastolic (congestive) Heart Failure, Gastro-Esophageal
Reflux disease (Acid reflex) without esophagitis(inflammation of the upper digestive tract), Asthma, Allergy,
Dry eye syndrome of bilateral lacrimal glands (Tear glands), Posttraumatic Stress Disorder, Gout, Cough,
Functional Dyspepsia(Indigestion), Acquired absence of right toe.
Record review of Resident #1's [NAME] hospital Discharge summary dated 08/01//2023 revealed, a [AGE]
year-old male who was admitted to a hospital in [NAME] on 07/23/23 and his diagnoses did not include
Post Traumatic Stress Disorder (PTSD).
Record review of Resident #1's Care Plan, dated 08/03/23, revealed:
I'm on psychotropic medications use related to (agitation /PTSD): Chlorpromazine and the relevant
interventions were Administer medications as ordered. Monitor/document for side effects and Effectiveness,
consult with pharmacy, MD to consider dosage reduction when clinically appropriate, Discuss with MD,
family re ongoing need for use of medication and Educate resident, family/caregivers about risks, benefits
and the side effects of medication drugs being given.
(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 11
Event ID:
676272
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0552
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Record review of Resident #1's MDS, dated [DATE] revealed, Section C (BIMS) and Section N
(Medications) were not completed.
Record review of Resident #1's Physician Order dated 08/02/23 stated:
Chlorpromazine HCl Oral Tablet 10 MG (Chlorpromazine HCl): Give 1 tablet by mouth one time a day for
Agitation/PTSD.
Order Date and D/C date were 08/02/2023 and 08/07/2023 respectively.
Record review of Resident #1's MAR of August 2023 revealed that Chlorpromazine HCl Oral Tablet 10 MG
was administered on 08/03/23,08/04/23, 08/05/23, 08/06/23 and 08/07/23.
Record review of Resident #1's consent form revealed, Resident #1 had PTSD and was based on review of
available medical records. The consent form was created on 08/02/23 and signed by the resident on
08/08/23 (after the discontinuation of Chlorpromazine HCl on 08/07/23).
In a telephone interview on 08/10/23 at 12:00 PM the FM stated she was an RN by profession and on
08/07/23 when she was going through Resident #1's MAR, she had noticed Resident#1 was administered
with Chlorpromazine HCl Oral Tablet 10 MG once a day. The start date for this medication was 08/02/23
and was for Agitation/PTSD. FM stated Resident # 1 never diagnosed with PTSD or any other mental
illness at any point of time in his life. She said she requested the NP to stop giving this unnecessary
medication to him and NP discontinued the medication on 08/07/23 with immediate effect. FM said, at the
hospital, Resident #1 was prescribed for Chlorpromazine for hiccough (A characteristic sound like that of a
cough due to the spasm of the diaphragm) that he had developed after the surgery, and it was resolved
before admitting to the facility. FM said no one from the facility explained to the resident or family about the
rationale for administering this medication at the facility for agitation/PTSD. She stated, had they discussed
this with family and/or resident, this mistake could have been avoided.
In a telephone interview on 08/10/23 at 3:00PM Resident #1 stated he never had any kind of mental illness.
Resident #1 said, on the admission day LVN A asked him if he had any mental illness since he had an
antipsychotic medication in the list. Resident #1 reported, when he stated he was not diagnosed with any
mental illness, LVN A stated he had to take a medication for some kind of mental illness since it was
ordered by the NP (Resident was unable to name the medication as Chlorpromazine). When investigator
asked him, if LVN A explained about the effect and side effect of the medication and what mental illness the
medication was for, Resident #1 stated she did not. Resident #1 stated he would not have agreed to take
that medication if he knew that it was for managing agitation since he was not an angry man. He stated, 3
days before the FM identified this mistake and made aware to the people at the facility.
In a telephone interview on 08/10/23 at 2:00 PM. the NP stated she discontinued Chlorpromazine on
08/07/23 on FM's request. When the investigator asked NP why Chlorpromazine was prescribed, NP stated
since it was given at the hospital and was listed in the discharge summary as home medication, she
guessed Resident #1 might have some kind of mental illness. When the investigator asked, since there was
no information regarding Resident #1 having any mental illness, had she discussed about the diagnosis
and effect and side effect of Chlorpromazine to the resident or his family and received a consent before
commencing the medication, she stated she did not as the consent forms were completed by the nurses.
When the investigator asked, what would have been the appropriate action, NP stated,
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 2 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0552
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
before placing the order for Chlorpromazine she should have discussed and confirmed about it, with the
hospital clinical staff, Resident #1, or FM, why it was administered at the hospital and the rationale for
listing it among the home medicines.
During an interview and record review on 08/10/23 at 3:30PM LVN A stated that she was the nurse who
went to get the consent for Chlorpromazine. LVN A stated, when she stated he had mental illness and there
was a medication prescribed for that, Resident #1 reported to her that he never had a diagnosis of any
mental illness. LVN A said, when she stated Chlorpromazine, an antipsychotic medication was there in the
discharge medication list from the hospital, Resident #1 agreed to sign a consent form, stating there must
be some reason then. LVN A showed a consent form that was dated 08/02/23 and signed by resident on
the same day. Review of this form revealed, the consent form did not have the information about the
diagnosis, diagnostic criteria, name of the medication, probable clinically significant side effect of the
medication and need and benefit of the medication. When investigator asked LVN A, if she explained to
Resident #1 about the basis of the diagnostic criteria, the medication and clinically significant side effects of
the medication, LVN A stated she did not as it had to be done later by the NP who prescribed the
medication.
In a telephone interview on 08/10/23 at 2:00 PM, the MD stated administration of Chlorpromazine at a
lower dose was not harmful to Resident #1 since he was taking it at the hospital and at the facility, it was
the continuation of it. When investigator asked, if diagnosing mental illness based on guess work was
appropriate, he stated continuing the psychotropic medication irrespective of diagnosis was the right
decision since stopping psychotropic medication suddenly have consequences to the safety of residents.
When the investigator asked about the appropriateness of administering psychotropic medications without
proper explanation and consent, MD stated since it was the continuation of the medication that he was
receiving at the hospital, Resident #1 might be aware of it. He added, it was not reasonable to delay the
order of psychotropic medications that residents were already receiving in the community, for a reason of
obtaining informed consent.
In an interview on 07/10/2023 at 4:30 PM, the DON stated, there was a consent form created by the NP
and signed by Resident #1. She said the consent had all the component like diagnosis, explanation of
possible side effect. When investigator pointed out that the resident had no diagnosis of PTSD in any
records, DON stated since Chlorpromazine was ordered for a wrong diagnosis, the medication was
unnecessary, and the expectation was no unnecessary medication would be administered to any residents.
She stated, the confusion occurred because the medication listed as home medication in the discharge
summary from ASW hospital however diagnosis without accurate information was not the best practice.
When investigator stated that Resident #1 signed the consent on 08/08/23, DON said though it was signed
after the discontinuation of the medication, there was a possibility that the nurses or NP explained about
the effect and side effect of the medication while he was taking the medication.
Record review of the facility's policy revised on 01/2022, titled Resident Rights reflected:
It is the policy of this facility to inform the resident both orally and in writing of his/her rights as a resident,
as well as the rules and regulations governing the resident's conduct and responsibilities during his/her stay
in the facility .
.4.
The facility will inform the resident of his/her rights and responsibilities in a language that is both clear and
understandable to the resident. Should the resident's knowledge of English be
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 3 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0552
inadequate for understanding such rights and responsibilities, his/her rights and responsibilities will be
explained in the language that is familiar to the resident
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 4 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0658
Ensure services provided by the nursing facility meet professional standards of quality.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure the services provided by the facility
meet professional standards of quality for 1 of 5 residents (Resident # 1) reviewed for professional
standards in that:
Residents Affected - Some
-The facility failed to ensure Resident #1 was not diagnosed without subjective or objectives evidences and
based on assumptions and judgements, that leads to administering unnecessary psychotropic medication.
This failure placed residents at risk of receiving unnecessary psychotropic medications which could result
in decline in health status.
The findings include:
Record review of Resident #1's face sheet, dated 08/10//2023, revealed a [AGE] year-old male whose
admission to the facility was 08/02/2023. The resident had diagnoses of Cellulitis(Bacterial infection) of right
toe, Osteomyelitis (inflammation or swelling of bone tissue ), right ankle and foot, Hypertension, Chronic
Kidney Disease, Atherosclerotic heart disease( thickening or hardening of the arteries) of native coronary
artery9 Artery of the heart) without angina pectoris(Chest pain), Type 2 diabetes mellitus with diabetic
nephropathy(the deterioration of kidney function.), Diastolic (congestive) Heart Failure, Gastro-Esophageal
Reflux disease (Acid reflex) without esophagitis(inflammation of the upper digestive tract), Asthma, Allergy,
Dry eye syndrome of bilateral lacrimal glands (Tear glands), Posttraumatic Stress Disorder, Gout, Cough,
Functional Dyspepsia(Indigestion), Acquired absence of right toe.
Record review of Resident #1's [NAME] hospital Discharge summary dated 08/01//2023 revealed, a [AGE]
year-old male who was admitted to a hosptal in [NAME] on 07/23/23 and his diagnoses did not include Post
Traumatic Stress Disorder (PTSD).
Record review of Resident #1's Care Plan, dated 08/03/23, revealed:
I'm on psychotropic medications use related to (agitation PTSD): Chlorpromazine and the relevant
interventions were Administer medications as ordered. Monitor/document for side effects and Effectiveness,
consult with pharmacy, MD to consider dosage reduction when clinically appropriate, Discuss with MD,
family re ongoing need for use of medication and Educate resident, family/caregivers about risks, benefits
and the side effects of medication drugs being given.
Record review of Resident #1's MDS, dated [DATE] revealed, Section C (BIMS) and Section N
(Medications) were not completed.
Record review of Resident #1's Physician Order dated 08/02/23 stated:
Chlorpromazine HCl Oral Tablet 10 MG: Give 1 tablet by mouth one time a day for Agitation/PTSD.
Order Date and D/C date were 08/02/2023 and 08/07/2023 respectively.
Record review of Resident #1's MAR of August 2023 revealed that Chlorpromazine HCl Oral Tablet 10
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 5 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0658
MG was administered for PTSD/Agitation on 08/03/23,08/04/23, 08/05/23, 08/06/23 and 08/07/23.
Level of Harm - Minimal harm
or potential for actual harm
In a telephone interview on 08/10/23 at 12:00 PM the FM stated she was an RN by profession and on
08/07/23 when she was going through Resident #1's MAR, she had noticed Resident#1 was administered
with Chlorpromazine HCl Oral Tablet 10 MG once a day. The start date for this medication was 08/02/23
and was for Agitation/PTSD. FM stated Resident # 1 never diagnosed with PTSD or any other mental
illness at any point of time in his life. She said she requested the NP to stop giving this unnecessary
medication to him and NP discontinued the medication on 08/07/23 with immediate effect. FM said at the
hospital, Resident #1 was prescribed for Chlorpromazine for hiccough (A characteristic sound like that of a
cough due to the spasm of the diaphragm ) that he had developed after the surgery, and it was resolved
before admitting to the facility. FM said no one from the facility explained to the resident or family about the
rationale for administering this medication at the facility. She stated, had they discussed this with family
and/or resident, this mistake could have been avoided.
Residents Affected - Some
In a telephone interview on 08/10/23 at 3:00PM Resident #1 stated he never had any kind of mental illness.
Resident #1 said, on the admission day LVN A asked him if he had any mental illness since he had an
antipsychotic medication in the list. Resident #1 reported, when he stated he was not diagnosed with any
mental illness, LVN A stated he had to take a medication for some kind of mental illness since it was
ordered by the NP (Resident was unable to name the medication as Chlorpromazine). When investigator
asked him, if LVN A explained about the effect and side effect of the medication and what mental illness the
medication was for, Resident #1 stated she did not. Resident #1 stated he would not have agreed to take
that medication if he knew that it was for managing agitation since he was not an angry man. He stated, 3
days before the FM identified this mistake and made aware to the people at the facility
In a telephone interview on 08/10/23 at 2:00 PM. the NP stated she discontinued Chlorpromazine on
08/07/23 on FM's request. When the investigator asked NP why Chlorpromazine was prescribed, NP stated
since it was prescribed at the hospital and was listed in the discharge summary as home medication, she
guessed Resident #1 might have some kind of mental illness. When investigator asked about the
appropriateness of diagnosing mental illnesses based on guess work, NP said it was a mistake and never
should have done that. She said she had requested medical record from VA since Resident #1 was a
veteran, to confirm whether he had any mental illness. She added, since it takes time to get those records
and the medication was already in the list of home medication, she thought Resident #1 had PTSD. When
Investigator asked what would have been the appropriate action, she stated, before placing the order for
Chlorpromazine she should have discuss with the hospital clinical staff, Resident #1 or FM for clarification.
In a telephone interview on 08/10/23 at 2:00 PM, the MD stated administration of Chlorpromazine at a
lower dose was not harmful to Resident #1 since he was taking it at the hospital and at the facility it was the
continuation of it. When investigator asked, if diagnosing mental illness based on guess work was
appropriate, he stated continuing the psychotropic medication irrespective of diagnosis was the right
decision since stopping psychotropic medication suddenly have consequences to the safety of residents.
He stated, generally the psychotropic medications were tapering down before discontinuation for avoiding
the consequences from suddenly stopping the medication. When investigator pointed out that resident#1's
Chlorpromazine stopped abruptly on 08/07/23 without tapering down, MD stated it was fine since the
medication was already at a lower dose.
In a telephone interview on 08/10/23 at 2:00 PM with the Pharmacist, she stated if resident had no
justifiable diagnosis the prescribed Chlorpromazine was unnecessary. When the investigator asked
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 6 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0658
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
her, if she would have identified Chlorpromazine as an unwanted medication during her next MRR at the
facility, RP stated it was most unlikely since the medication was in its lower dose with a diagnosis of PTSD.
In an interview on 07/06/2023 at 2:21 PM, the DON stated, Since Chlorpromazine was ordered for a wrong
diagnosis, the medication was unnecessary. She stated, the confusion occurred because the medication
listed as home medication in the discharge summary from ASW hospital however the practice of
diagnosing without any subjective or objective evidence did not meet professional standards. DON stated,
since the medication was at its lower dose and taken at the facility only for 6 days, the possibility of any
negative outcome was minimal. Before leaving the room after the interview DON took off the consent form
created by LVN A. DON stated she was taking it away for shredding as it was not a valid document due to
the lack of information like diagnosis, name of the medication, and other relevant information on it. DON
stated the consent form created by NP was the valid one.
Records review of facility policy Psychotropic drug use revised on 08/2017 reflected:
It is the policy of this facility to ensure that residents who have not used psychotropic drugs are not given
these drugs unless the medication is necessary to treat a specific condition as diagnosed and documented
in the clinical record .
. 2.On admission, the admitting nurses will review the transfer orders for any psychotropic medications. All
effort will be made by the Licensed Nurses to obtain as much history regarding these medications,
including prior informed consents. from the previous facility or through resident or resident representative
interview. Any information obtained will be documented in the resident's clinical record.
3.The Licensed Nurses shall review the classification of the drug, the appropriateness or the diagnosis, its
indication/ behavior monitors and related adverse side effects prior to verification of admission orders with
the Attending Physician.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 7 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0758
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Implement gradual dose reductions(GDR) and non-pharmacological interventions, unless contraindicated,
prior to initiating or instead of continuing psychotropic medication; and PRN orders for psychotropic
medications are only used when the medication is necessary and PRN use is limited.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to ensure residents who had not used psychotropic drugs
were not given these drugs unless the medication was necessary to treat a specific condition as diagnosed
and documented in the clinical record for 1 of 5 residents (Resident #1) reviewed for unnecessary
psychotropic medications.
The facility failed to ensure Resident #1 was not prescribed Chlorpromazine HCL (an antipsychotic) based
on the correct diagnostic criteria and assessment findings, for its use.
This failure could place residents at risk for adverse reactions and negative side effects from the
administration of medication that was not indicated for use to treat medical conditions and symptoms.
The findings included:
Record review of Resident #1's face sheet, dated 08/10//2023, revealed a [AGE] year-old male whose
admission to the facility was 08/02/2023. The resident had diagnoses of Cellulitis(Bacterial infection) of right
toe, Osteomyelitis (inflammation or swelling of bone tissue ), right ankle and foot, Hypertension, Chronic
Kidney Disease, Atherosclerotic heart disease( thickening or hardening of the arteries) of native coronary
artery (Artery of the heart) without angina pectoris(Chest pain), Type 2 diabetes mellitus with diabetic
nephropathy(the deterioration of kidney function.), Diastolic (congestive) Heart Failure, Gastro-Esophageal
Reflux disease (Acid reflex) without esophagitis(inflammation of the upper digestive tract), Asthma, Allergy,
Dry eye syndrome of bilateral lacrimal glands (Tear glands), Posttraumatic Stress Disorder, Gout, Cough,
Functional Dyspepsia(Indigestion), Acquired absence of right toe.
Record review of Resident #1's MDS assessment, dated 08/10/23 revealed, Section C (BIMS) and Section
N (Medications) were not completed.
Record review of Resident #1's Care Plan, dated 08/03/23, revealed:
I'm on psychotropic medications use related to (agitation PTSD): Chlorpromazine and the relevant
interventions were Administer medications as ordered. Monitor/document for side effects and Effectiveness,
consult with pharmacy, MD to consider dosage reduction when clinically appropriate, Discuss with MD,
family re ongoing need for use of medication and Educate resident, family/caregivers about risks, benefits
and the side effects of medication drugs being given.
Record review of Resident #1's Physician Order dated 08/02/23 stated:
Chlorpromazine HCl Oral Tablet 10 MG (Chlorpromazine HCl): Give 1 tablet by mouth one time a day for
Agitation/PTSD.
Order Date and D/C date were 08/02/2023 and 08/07/2023 respectively.
Record review of Resident #1's MAR of August 2023 revealed that Chlorpromazine HCl Oral Tablet 10
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 8 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0758
MG was administered on 08/03/23,08/04/23, 08/05/23, 08/06/23 and 08/07/23
Level of Harm - Minimal harm
or potential for actual harm
Record review of Resident #1's [NAME] hospital's Discharge summary dated 08/01//2023 revealed, a
[AGE] year-old male who was admitted to a hospital in [NAME] on 07/23/23 and his diagnoses did not
include Post Traumatic Stress Disorder (PTSD).
Residents Affected - Some
In a telephone interview on 08/10/23 at 12:00 PM, Resident #1's FM stated she was an RN by profession
and on 08/07/23 when she was going through Resident #1's MAR, she had noticed Resident#1 was
administered with Chlorpromazine HCl Oral Tablet 10 MG once a day. The start date for this medication
was 08/02/23 and was for Agitation/PTSD. FM stated Resident # 1 was never diagnosed with PTSD or any
other mental illness at any point of time in his life. She said she requested the NP to stop giving this
unnecessary medication to him and NP discontinued the medication on 08/07/23 with immediate effect. FM
said at the hospital, Resident #1 was prescribed for Chlorpromazine for hiccough (A characteristic sound
like that of a cough due to the spasm of the diaphragm) that he had developed after the surgery, and it was
resolved before admitting to the facility. FM said no one from the facility explained to the resident or family
about the rationale for administering this medication at the facility. She stated, had they discussed this with
family and/or resident, this mistake could have been avoided.
In a telephone interview on 08/10/23 at 3:00 PM, Resident #1 stated he never had any kind of mental
illness. Resident #1 said, on the admission day, LVN A asked him if he had any mental illness since he had
an antipsychotic medication in the list. Resident #1 reported, when he stated he was not diagnosed with
any mental illness, LVN A stated he had to take a medication for some kind of mental illness since it was
ordered by the NP (Resident was unable to name the medication as Chlorpromazine). When investigator
asked him, if LVN A explained about the effect and side effect of the medication and what mental illness the
medication was for, Resident #1 stated she did not. Resident #1 stated he would not have agreed to take
that medication if he knew that it was for managing agitation since he was not an angry man. He stated, 3
days before, the FM identified the mistake and made it aware to the people at the facility.
During an interview and record review on 08/10/23 at 3:30 PM, LVN A stated that she was the nurse who
went to get the consent for Chlorpromazine. LVN A stated, when she stated he had mental illness and there
was a medication prescribed for that, Resident #1 reported to her that he never had a diagnosis of any
mental illness. LVN A said, when she stated Chlorpromazine, an antipsychotic medication was there in the
discharge medication list from the hospital, Resident #1 agreed to sign a consent form, stating there must
be some reason then. LVN A showed a consent form that was dated 08/02/23 and signed by resident on
the same day. Review of this form revealed, the consent form did not have the information about the
diagnosis, diagnostic criteria, name of the medication, probable clinically significant side effect of the
medication and need and benefit of the medication. When investigator asked LVN A, if she explained to
Resident #1 about the basis of the diagnostic criteria, the medication and clinically significant side effects of
the medication, LVN A stated she did not as it had to be done later by the NP who prescribed the
medication.
In a telephone interview on 08/10/23 at 2:00 PM, the NP stated she discontinued Chlorpromazine on
08/07/23 on FM's request. When the investigator asked NP why Chlorpromazine was prescribed, NP stated
since it was prescribed at the hospital and was listed in the discharge summary as home medication, she
guessed Resident #1 might have some kind of mental illness. When investigator asked about the
appropriateness of diagnosing mental illnesses based on guess work, NP said it was a mistake and she
never should have done that. She said she had requested medical records from VA since Resident #1
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 9 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0758
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
was a veteran, to confirm whether he had any mental illness. She added, since it took time to get those
records and the medication was already in the list of home medication, she thought Resident #1 had PTSD.
When Investigator asked what would have been the appropriate action, she stated, before placing the order
for Chlorpromazine she should have confirmed with the hospital clinical staff, Resident #1, or FM, why it
was prescribed. When asked about the negative impact of the medication administered already for 6 days,
NP stated since he was already taking it at the hospital and was on lower dose, there was very minimal
possibility of any harm or side effects.
In a telephone interview on 08/10/23 at 2:00 PM with the Pharmacist, she stated if Resident #1 had no
justifiable diagnosis, the prescribed Chlorpromazine was unnecessary. When the investigator asked her, if
she would have identified Chlorpromazine as an unwanted medication during her next MRR at the facility,
RP stated it was most unlikely since the medication was in its lower dose with a valid diagnosis of PTSD.
In a telephone interview on 08/10/23 at 2:30 PM, the MD stated administration of Chlorpromazine at a
lower dose was not harmful to Resident #1 since he was taking it at the hospital and at the facility, was the
continuation of it. When investigator asked, if diagnosing mental illness based on guess work was
appropriate, he stated continuing the psychotropic medication, irrespective of diagnosis, was the right
decision since stopping psychotropic medication suddenly could have consequences to the safety of
residents. He stated, generally the psychotropic medications were tapered down, before discontinuation, for
avoiding the consequences from suddenly stopping the medication. When investigator pointed out that
Resident#1's Chlorpromazine stopped abruptly on 08/07/23 without tapering down, MD stated it was fine
since the medication was already at a lower dose. He added, it was not reasonable to delay the order of
psychotropic medications that residents were already receiving in the community, for a reason of obtaining
informed consent.
In an interview on 07/06/2023 at 4:00 PM, the DON stated, since Chlorpromazine was ordered for a wrong
diagnosis, the medication was unnecessary, and the expectation was no unnecessary medication would be
administered to any residents. She stated, the confusion occurred because the medication listed as home
medication in the discharge summary from a hospital in [NAME]. However, diagnoses without accurate
information was not the best practice. Since the medication was at its lower dose and taken at the facility
only for 6 days, the possibility of any negative outcome was minimal. She added, if any issues aroused, the
daily assessment for adverse effect of psychotropic medications would have identified those concerns.
Moreover, the facility conducted psychotropic medication review in the routine meetings to identify
unnecessary medications. Before leaving the room after the interview, DON took off the consent form
created by LVN A. DON stated she was taking it away for shredding as it was not a valid document due to
the lack of information like diagnosis, name of the medication, and other relevant information on it. DON
stated the consent form created by NP was the valid one.
Record review of the facility's policy titled Antipsychotic Medication Use revised in December 2016,
revealed the following [in part]:
Policy Interpretation and Implementation:
1.
Residents will only receive antipsychotic medications when necessary to treat specific conditions for which
they are indicated and effective.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 10 of 11
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
676272
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/10/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation-Kyle
1640 Fairway
Kyle, TX 78640
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 0758
Record review of facility's policy Psychotropic drug use revised on 08/2017 reflected:
Level of Harm - Minimal harm
or potential for actual harm
It is the policy of this facility to ensure that residents who have not used psychotropic drugs are not given
these drugs unless the medication is necessary to treat a specific condition as diagnosed and documented
in the clinical record .
Residents Affected - Some
. Based on a comprehensive assessment of a resident, the facility will ensure that:
2.Residents do not receive psychotropic drugs pursuant to a PRN order unless medication is necessary to
treat a diagnosed specific condition that is documented in the clinical record:
. Psychotropic medications shall not be administered for the purpose of discipline or convenience. They are
to be administered only when required to treat the resident's medical symptoms and will be considered only
after nonpharmacological interventions have been attempted and failed.
2.On admission, the admitting nurses will review the transfer orders for any psychotropic medications. All
effort will be made by the Licensed Nurses to obtain as much history regarding these medications,
including prior informed consents from the previous facility or through resident or resident representative
interview. Any information obtained will be documented in the resident's clinical record.
3.The Licensed Nurses shall review the classification of the drug, the appropriateness or the diagnosis, its
indication/ behavior monitors and related adverse side effects prior to verification of admission orders with
the Attending Physician.
4.The Attending Physician will review the resident's treatment plan, in collaboration with the consultant
pharmacist. to calculate the use of the psychotropic medication and consider whether or not medication can
be reduced or discontinued upon admission or soon after admission, during initial physician admission visit
.
Record review of the website
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3114667/#:~:text=Chlorpromazinex., accessed on
08/12/2023, revealed:
Chlorpromazine is the only medication approved for hiccups by the US Food and Drug Administration, and
for many years it was the drug of choice. Chlorpromazine is a dimethylamine derivative of phenothiazine. It
acts centrally by dopamine antagonism in the hypothalamus. It has serious potential side effects, such as
hypotension, urinary retention, glaucoma, and delirium, so it is generally no longer recommended as
first-line management.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676272
If continuation sheet
Page 11 of 11