F 0551
Give the resident's representative the ability to exercise the resident's rights.
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 obtain documentation that the resident's
representative has been delegated the necessary authority to exercise the resident's rights and must verify
that a court-appointed representative has the necessary authority for the decision-making at issue as
determined by the court. For example, a court-appointed representative might have the power to make
financial decisions, but not health care decisions. Additionally, the facility must make reasonable efforts to
ensure that it has access to documentation of any change related to the delegation of rights, including a
resident's revocation of delegated rights, to ensure that the resident's preferences, are being upheld for 1 of
5 residents (Resident #1) reviewed for resident representative rights.
Residents Affected - Few
The facility failed to ensure Resident #1, who was cognitively impaired when admitted to the facility, had
had a representative who had the authority to make decisions on his behalf.
This failure could lead to the facility making decisions without the resident's right to designate a surrogate
or representative to make treatment or transfer decisions for the resident; and could deny the resident
through the resident representative their wishes and preferences.
The findings included:
Record review of Resident#1's face sheet, dated 09/12/23, and EMR (electronic medical record) revealed,
the resident was re-admitted on [DATE] with diagnoses that included: anoxic brain damage (not enough
oxygen to the brain causing brain damage), seizures, cerebral infarction (destructive blood flow in the brain)
and PEG (Resident was a Male age [AGE]. RP (responsible party) was listed as the resident per the face
sheet.
Record review of Resident# 1's Care Plan, dated 02/08/23, revealed goals and interventions that included:
ADL care, medications as ordered, Code status DNR, at risk for infection, cognitive deficits, and behaviors.
Record review of Resident#1's MDS (minimum data set), dated 8/8/23 revealed: BIMS (brief interview of
mental status) Score was zero (severely impaired in cognition).
During an interview on 09/12/23 at 8:55 AM, Resident#1's family member stated there was no documented
POA or guardianship. The family member stated that a family attorney informed the family a POA was not
required because a family member signed the admission for the resident to the facility. The family member
stated the facility refused to provide documents involving a resident fall (Resident#1)
(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:
676325
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
676325
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/13/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Lakeside Nursing and Rehabilitation Center
8707 Lakeside Parkway
San Antonio, TX 78245
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 0551
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
on 9/8/23. The facility requested that the family member provide written documentation of POA which the
family member did not possess before medical files could be released to the family member. The family
member expressed the opinion that it was not right for the facility to insist on written documents when the
family member signed the admissions packet.
Observation and interview on 09/12/23 at 11:00 AM revealed Resident #1 was in bed; TV was on; alert and
not oriented. Communication cues card were not visible at the time of the observation. [in interview with SP
on 9/12/23 at 5:10 PM below the SP stated cue cards were provided to the resident.] The Resident could
not answer any direct questions; or follow simple cues. The surveyor pointed to Resident#1's blue shirt and
asked the resident whether the color of the shirt was red and the resident did not provide a response. The
surveyor attempted to cue the resident by using the thumb technique; that was, thumb up meant yes and
thumb down meant no. The resident did not provide a thumb response to the color of the shirt. The DON
was present during the attempted interview with the resident.
During a joint interview on 09/12/23 at 4:00 PM with the DON and the ADON, the DON stated Resident
#1's family member was denied medical records because the family member was not the RP or the
Guardian; the family member was only an emergency contact person. The DON stated on 09/11/23Resident #1's family member- as requested to provide proof of POA or guardianship because during the
weekend the family member wanted medical records concerning Resident #1's fall on 09/08/23. Resident
#1's family member was denied the medical records involving the fall on 09/08/23. The DON and the ADON
both recognized that on admission [DATE]) the admissions office failed to establish who was the RP and by
default Resident #1 who was cognitively impaired was listed as the RP. This failure prevented the resident
designating an RP at admissions; and given the resident could not provide consent the facility failed to
encourage the family member to seek guardianship at admissions.
During observation and interview on 09/12/23 at 5:10 PM, with the DON and SP A present, the surveyor
asked Resident #1 by use of communications cards provided by SP A as to whether the color of the
Resident#1's shirt was black [actual color was blue], the resident pointed to yes the color was black.
During an interview on 09/12/23 at 5:15 PM, the Administrator stated: Resident#1's family member was
denied the medical records involving labs and we identified that the family member was not the RP, POA or
guardian. The Administrator stated Resident #1's family member would be encouraged to get guardianship
if they want to get the medical records or if they wanted to make medical decisions. The Administrator
recognized that Resident #1 who was cognitively impaired was admitted to the facility without an RP being
designated. Policy on admission process was requested on 9/12/23 from the Administrator but none was
provided at exit on 9/12/23.
Record review of facility's Resident Rights policy dated revised 05/2007 read: The Resident has the right:
.to have a legal representative .
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676325
If continuation sheet
Page 2 of 2