F 0677
Provide care and assistance to perform activities of daily living for any resident who is unable.
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 provide the necessary care and services to a
resident who is unable to carry out activities of daily for 1 of 7 residents (Resident #2), reviewed for
activities of daily living in the area of toileting in that:
Residents Affected - Few
Resident #2 was not provided with incontinent care by a nursing staff member on 2/7/24 and 2/8/24 for up
to a period of eight hours each day.
This failure could result in residents experiencing a diminished quality of life.
The findings were:
Record review of Resident #2's face sheet, dated 2/27/24, and EMR revealed, the resident was admitted on
[DATE] and re-admitted on [DATE] with diagnoses that included: bipolar disorder (mental illness
characterized by mood swings), history of UTIs (infection in any part of the urinary system) and dementia
(impairment of memory). Resident was a female; age [AGE]. RP was listed as: a family member.
Record review of Resident#2's MDS, dated [DATE] (re-admission), reflected:
o BIMS Score was 0 (severe impairment ) B/B were listed as incontinent of both. Transfer and bed mobility
were documented as extensive assistance.
Record review of Resident #2's CP, undated, read: Will have [all] ADL needs met and have improvement in
function .Toilet Use .
Record review of Resident #2's ADL Personal Hygiene sheet revealed:
2/7/24-11:46 AM [incontinent care given] other shifts documented [incontinent care] did not occur.
2/8/24-9:21 PM [incontinent care given] , other shifts documented [incontinent care] did not occur. [ADL
Personal Hygiene sheet did not captured who wrote the comment did not occur.]
Record review of Resident #2's ADL sheet dated 2/7-2/8/24 revealed incontinent care were given all three
shifts. [this ADL sheet contradicted the above Resident #2's ADL Personal Hygiene sheet.]
Record review of Resident #2's Nurse Notes for 2/7/24 and 2/8/24 [authored not listed] revealed: no note
reflecting that resident refused peri-care. Nurse note dated 2/8/24 reflected that Resident #2 was not in
distress.
(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 3
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
02/29/2024
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 0677
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Record review of Resident #2's skin assessment on 2/8/24 read: Skin is warm, dry, and intact. Skin color
and turgor WNL. No new issues noted at this time. No .pain/discomfort at time of assessment.
Record review of Resident #2's clinical record revealed a CP meeting held on 2/9/24 and 2/20/24 which
addressed ADL care.[At the 2/9/24 meeting Family Member A and DON attended. While at the 2/20/24
meeting Family Member A and the Administrator attended the meeting.]
Observation and interview on 2/27/24 at 1:58 PM revealed , Resident #2 was in bed, assisted by Family
Member A in eating the lunch meal. The resident was alert but not oriented. There were no injuries, skin
tears or bruises present on Resident #2. There was no odor of urine or feces. The resident did not have the
cognitive ability to trigger the call light. Family Member A stated, the ADL care around toileting had
improved after the 2/9/24 CP meeting, after the family member complained to the DON. Family Member A
stated that the lack of timely incontinent care for Resident #2 could have resulted in UTIs. Family Member A
stated, I visit every day .there was no brief change for 2 days for 8 hours [2/7/24-2/8/24] .we spoke to the
DON .I was with her [Resident #2] all day in the COVID Unit and pushed the call light and no one came to
provide toileting [for Resident #2] we had a care management meeting 2/9/24 and another one on 2/20/24
to regroup after her antibiotics regimen ended and discussed incontinent care response . Family Member A
further stated: she complained to the DON; the resident was lethargic on both days (2/7/24-2/8/24); the lack
of staff response was on [ 2/7/24] from the day shift and on [2/8/24] the day and evening shift. [shifts were 6
AM-2 PM, 2 PM-10 PM, and 10 PM to 6 AM].
During a telephone interview on 02/28/24 at 10:52 AM, Family Member B stated that on 2/7/24 and 2/8/24
Resident #2 went without incontinent care for 8 hours each day. Family Member B recalled that the lack of
incontinent care was during the day and the evening shift. Family Member B stated that Family Member A
had to change Resident #2's brief on 2/7/24 and 2/8/24. Family Member B stated that Family Member A
complained to nursing and was told there was a shortage of staff. Also, Family Member B stated he was
told by nursing staff that brief changes were scheduled for every four hours. Family Member B stated that
after 2/9/24, incontinent care for Resident #2 improved and there was no skin issues related to incontinent
care.
During an interview on 2/28/24 at 11:03 AM, CNA C [did not remember the shift worked] stated she
provided ADL care to Resident #2 in February 2024 that included incontinent care, assistance with eating,
and bathing and grooming. I remembered changing the brief of [Resident #2] on 2/7/24 and 2/8/24 and
documented in the ADL sheet .I did not neglect the resident for 8 hours each day. CNA C stated nursing
practice was to check on the resident every two hours and check as to whether the resident needed a brief
change. CNA C stated that incontinent care could be given as needed based on the resident or family
requesting a brief change.
During an interview on 2/28/24 at 11:22 AM, LVN D, stated part of nursing care was to check on ADLs for
Resident #2. The policy was to check on incontinent care every 2 hours. LVN D stated that he did not
remember that Resident #2 did not receive incontinent care for periods of 8 hours on 2/7/24 and 2/8/24.
LVN D stated his shift was from 6AM-2PM. LVN D stated that the family did not complain to him about
incontinent care. LVN D did not recall whether Resident #2's call light was triggered on 2/7/24 and 2/8/24.
LVN D stated he received training on abuse and neglect.
During an interview on 2/28/24 at 11:44 AM, the DON stated staffing was adequate to meet ADL needs on
2/7/24 and 2/8/24. The DON stated that the staff documented incorrectly that incontinent care did not occur.
The DON stated the latter documentation was incorrect because the ADL sheet for Resident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676392
If continuation sheet
Page 2 of 3
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
02/29/2024
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 0677
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
#2 on 2/7/24 and 2/8/24 revealed that incontinent care was provided at least once every shift. The DON
stated that she was not sure why there was an allegation of call light response on 2/7/24 and 2/8/24 and
staff not responding to provide incontinent care to Resident #2. The DON stated she could not recall
whether Family Member A or Family Member B reached out to her to complain about incontinent care for
Resident #2 on 2/7/24 and 2/8/24. The DON stated she physically was present to check on call light
response on 2/9/24 in response that a family member [Family Member A] made a comment to the
Administrator about lack of call light response and incontinent care. The DON stated that Resident #2 did
not have the cognitive ability to trigger the call .therefore needed to check on her every two hours.
During an interview on 2/28/24 at 12:04 PM, the Administrator stated on 2/9/24 a family member made a
comment that there was a slow response to call light on 2/7/24 and 2/8/24. The Administrator informed the
DON to check the call light issue. The Administrator stated that on 2/9/24 there was a regularly scheduled
CP meeting and on 2/20/24 there was another CP meeting. At the 2/20/24 CP meeting the Administrator
stated a family member expressed a concern over the call response in the past (2/7-2/8/24) involving
Resident #2. The Administrator stated that incontinent care and call light response was not an issue moving
forward. The Administrator stated in response to a Resident Council grievance dated 2/21/24 about late call
light response, nursing staff was in-service on call light response and an audit was done by the DON and
completed on 2/25/24; no negative findings involving call light response and incontinent care.
Record review of the facility's Incontinent Care policy dated Revised 05/2007 read: .remove urine or feces
from skin .[The policy did not address when incontinent should be done.]
Record review of facility's Reporting Alleged Violations of Abuse, Neglect, Exploitation or Mistreatment
dated revised 10/2022 read: Neglect is the failure of the facility .to provide goods and services to a resident
that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676392
If continuation sheet
Page 3 of 3