F 0695
Provide safe and appropriate respiratory care for a resident when needed.
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 that a resident who needs respiratory
care, including tracheostomy care and tracheal suctioning, is provided such care, consistent with
professional standards of practice for 1 of 6 (Resident #4) reviewed for respiratory care.
Residents Affected - Few
Resident #4's PRN oxygen was set at 0.5 L rather than the physician's order for 1-3 L.
This failure could affect residents administered oxygen and could lead to residents not receiving the
therapeutic effects of oxygen; and could lead to a diminished quality of life.
The findings were:
Record review of Resident#4's face sheet, dated 1/19/24, and EMR revealed, the resident was admitted on
[DATE] with diagnoses that included: anxiety, dysphasia (difficulty swallowing foods or liquids) , and past
COVID. Resident was a female; age [AGE]. Advanced Directive was Full Code. RP was listed as: family
member.
Record review of Resident#4's MDS (minimum data set), dated 12/29/23 Admissions revealed:
BIMS Score was 14 (cognitively intact).
Record review of Resident#4's Physician' Orders, dated January 2024, read: O2 AT 1-3L/MIN VIA Nasal
Cannula.
Record review of Resident# 4's Care Plan, dated 1/8/24, read: OXYGEN SETTINGS: O2 via nasal prongs
[at] 1-3L PRN. Humidified.
Record review of Resident#4's MAR January 2024, reflected: O2 1-3L/Minute given PRN.
Observation and interview on 1/19/24 at 2:16 PM, Resident #4 was in her room watching TV from bed on
continuous O2 at 0.5 L [ physician's order was for 1-3 L]. The resident was not in distress. The Resident
stated, .I am breathing okay . Resident was not aware of the amount of O2 ordered by the physician.
During an interview on 1/19/24 at 2:29, LVN B stated: Resident #4's O2 level was at level 0.5 and should
have been, PRN, at level 1-3L. LVN B stated the resident's O2 stat was at 96%. She had no explanation
why the O2 was s at 0.5 at 2:26 PM.
(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:
676392
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
676392
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/20/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - New Br
2468 Fm 1101
New Braunfels, TX 78130
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 0695
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During an interview on 1/19/24 at 2:37 PM, LVN A stated: she adjusted R#4's O2 to 1 .0 L because we
should follow doctor's orders even for PRN oxygen. LVN A had no explanation why R#4's O2 was at 0.5 at
1/19/24 at 2:26 PM.
During an interview on 01/19/24 at 3:16 PM the DON stated: nurses should follow physician's orders
involving O2 therapy whether it is continuous or PRN. The DON stated she was going to check why the O2
was at 0.5 for R#4. The DON stated the facility has a respiratory policy that reflects to promote resident
safety in administering oxygen. The DON stated that at morning reports new orders on 02 were discussed
and the charge nurse needed to check on the implementation of orders.
On 01/19/24 at 3:26 PM surveyor requested from the DON a copy of facility's policy on following physician's
orders. [At exit on 01/20/24 at 12:30 PM the facility did not provide the surveyor a policy on nursing staff
following physician's orders]
Record review of facility's Oxygen policy dated revised 05/2007 read: It is the policy of this facility to
promotes resident safety in the administering of oxygen.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676392
If continuation sheet
Page 2 of 2