F 0573
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Let each resident or the resident's legal representative access or purchase copies of all the resident's
records.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to ensure the resident has the right to access personal and
medical records pertaining to himself and allow the resident to obtain a copy of the records upon request
and upon two working days advance notice to the facility for 1 of 2 residents (CR#1) whose records were
reviewed in that:
- The facility failed to provide CR#1's Responsible party copies of medical records after a request was
submitted to the facility on [DATE].
This failure could place residents at risk of violation of their rights by not receiving copies of their medical
records.
Findings included:
Record review of the admission sheet (undated) for CR #1 revealed a [AGE] year-old male admitted to the
facility on [DATE] and discharged on 09/29/2023. His diagnoses included type 2 diabetes mellitus (a
long-term condition in which the body has trouble controlling blood sugar and using it for energy),
hypertension (a condition in which the force of the blood against the artery walls is too high) and bed
confinement (unable to get up from bed without assistance, unable to ambulate, and unable to sit in a chair
or wheelchair). Family member was listed as Responsible Party. Resident was transferred to the hospital on
[DATE].
Record review of CR #1's Quarterly MDS assessment, dated 09/25/2023, revealed the BIMS score 07 out
of 15 indicating severely impaired cognition. He required extensive assistance from staff physical assist for
personal hygiene, toilet, dressing and bed mobility. Resident was always incontinent of bowel and bladder.
Record review of CR #1's care plan initiated 3/17/2023 and revised on 10/06/2023 revealed the following:
Focus: The resident has potential fluid deficit r/t feeding tube as a nutritional approach
Goal: The resident will be free of symptoms of dehydration and maintain moist mucous membranes, good
skin turgor. Interventions: Administer medications as ordered. Monitor/document for side effects and
effectiveness. Monitor/document/report PRN any s/sx of dehydration: decreased or no urine output,
concentrated urine, strong odor, tenting skin, cracked lips, furrowed tongue, new onset confusion, dizziness
on sitting/standing, increased pulse,
(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:
676314
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
676314
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/21/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avir at Orem
3730 W. Orem Drive
Houston, TX 77045
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 0573
headache, fatigue/weakness, dizziness, fever, thirst, recent/sudden weight loss, dry/sunken eyes.
Level of Harm - Minimal harm
or potential for actual harm
Record review of the facility's Record Request for CR#1 revealed the form was signed by RP on
10/06/2023.
Residents Affected - Few
In a telephone interview on 11/19/2024 at 8:55a.m., with CR #1's family member, she stated she was the
responsible party for CR #1. The Family member stated she submitted a record request in October 2023,
but the facility has not yet provided the requested records as of today (11/19/2024).
In an interview on 11/19/2024 at 11:02a.m., with the Medical records/central supply, she stated she began
in medical records role on May 28, 2024. She stated the process for requesting medical records involved
the family/ resident filling out the record request form. The form was then sent to the corporate office where
once approved she would print the records and process their request within 24 hours. She stated that once
the records were mailed corporate would then be notified that the request had been fulfilled. She stated the
copy of the records that were mailed was retained for three years as part of their records. She stated that
she was not aware if previous requests had been made by CR#1's family member requesting copies of the
medical record.
In an interview on 11/19/24 at 1:02 p.m., with the Administrator, he stated he found the records request
made by the family member for CR#1 on 10/06/2023. The Administrator stated with CR#1 discharged the
facility was unable to locate his binder to check if the record request was possibly mailed. He stated when a
request was made, it should be fulfilled within 24 hours.
Record review of facility's Release of Information policy (revised November 2009) revealed in part: .Policy
statement: Our facility maintains the confidentiality of each resident's personal and protected health
information. Policy Interpretation and Implementation: 3. All information contained in the resident's medical
record is confidential and may only be released by the written consent of the resident or his/her legal
representative (sponsor), consistent with state laws and regulations. 8.The resident may initiate a request to
release such information contained in his/her records and charts to anyone he/she wishes. Such requests
will be honored only upon the receipt of a written, signed, and dated request from the resident or
representative (sponsor). 9. A resident may have access to his or her records within 24 hours (excluding
weekends or holidays) of the resident's written or oral request .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676314
If continuation sheet
Page 2 of 2