F 0804
Ensure food and drink is palatable, attractive, and at a safe and appetizing temperature.
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 food that was palatable to meet the
needs of each resident for 3 of 5 residents (Resident #2, #3 and #4), reviewed for Dining services in
that:The facility failed to provide food that was palatable in that residents were given burnt food during meal.
This failure could place residents who ate foods from the kitchen at risk of a diminished quality of life.
Findings included: 1.Record review of Resident #2's admission Record dated 9/10/2025 revealed she was
admitted on [DATE] with diagnosis of hemiplegia and hemiparesis following cerebral infarction affecting
right dominant side, dysphagia (difficulty or discomfort in swallowing), Apraxia following a cerebral infarction
(a neurological disorder that affects a person's ability to plan and execute skilled movements, despite
having normal muscle strength and coordination), Aphasia following a cerebral infarction (a language
disorder caused by damage to the brain areas responsible for language processing), lack of coordination,
cognitive communication deficit, and need for assistance with personal care. Record review of Resident
#2's consolidated orders for August 2025 was documented she was on a regular diet texture with fortified
meal plan at all times. Record review of Resident #2's Quarterly MDS (minimum Data Set) dated 9/4/2025
was documented with a BIMs score of 15/15 (cognitively intact), ADL for eating she was set-up or lean -up
assistance, no swallowing issues at time of assessment. Record review of Resident #2's Care Plan dated
7/3/2025 ADL was documented self-care performance deficit related to weakness, hemiparesis and
apraxia. This included the intervention for eating was independent with assistance with set-up. Observation
on 9/9/2025 at 12:14 PM in the Dining room revealed Resident #2 was sitting down and eating her lunch
and had an Italian roll burned at the bottom.Interview on 9/9/2025 at 12:15 PM in the Dining room Resident
#2 stated she was not going to eat the Italian bread because it was burned at the bottom. 2. Record review
of Resident #3's admission Record dated 9/10/2025 with admission record of 12/30/2023 with diagnoses of
Dementia (group of conditions that cause a progressive decline in cognitive abilities, such as memory,
thinking, reasoning, and judgment.), Diabetes II (a condition characterized by high blood sugar levels
(hyperglycemia) caused by an inability of the body to produce or effectively use insulin, a hormone that
regulates blood sugar), Alzheimer's Disease ( progressive neurodegenerative disease that primarily affects
memory, thinking, and behavior), and cognitive communication deficit. Record review of Resident #3's
consolidated orders for September 2025 was documented Regular diet texture. Record review of Resident
#3's Quarterly MDS dated [DATE] was documented her BIMS score was 3/15 (severely cognitively
impaired), and she was independent with eating. Record review of Resident #3's Care Plan dated 6/6/2025
was documented ADL eating was the resident was independent. Observation on 9/9/2025 at 12:16 PM in
the Dining room revealed Resident #3 was sitting down and [NAME] her lunch and had an Italian roll
burned at the bottom. Interview on 9/9/2025 at 12:17 PM in the Dining room with Resident #3 stated she
was not going to eat the Italian bread because it was burned at the bottom. 3. Record review of
Residents Affected - Some
(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 4
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
09/10/2025
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 0804
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Resident #4's admission Record dated 9/10/2025 was documented he was admitted on 7/12024 with
diagnoses of Muscular Dystrophy (a group of genetic disorders that cause progressive muscle weakness
and loss. contracture to multiple sites, muscle weakness (difficulty swallowing, involves trouble moving food
or liquid from the mouth to the stomach), cognitive communications deficit, and need for assistance with
personal care. Record review of Resident #4's consolidated orders for September 2025 was documented
he had a regular diet. Record review of Resident #4's Quarterly MDS dated [DATE] was documented BIMS
score 15/15 (cognitively intact), and ADL for eating was independent. Record review of Resident #4's Care
Plan dated 8/18/2025 was documented for eating he required a tray set up assistance and supervision for
meals. Observation on 9/9/2025 at 12:18 PM in the Dining room revealed Resident # 4 was sitting down
and [NAME] his lunch and had the alternate hamburger, the bread was not burned. Interview on 9/9/2025 at
12:19 PM in the Dining room Resident #4 stated the residents often have burned food and does not eat it or
ask for an alternative. Interview on 9/10/2025 at 2:39 PM DON had no response when discussed the bread
was burned at bottom for lunch. Interview on 9/10/2025 at 2:44 PM FSM stated she did help the cook with
the lunch meal but did not see any burned bread or get complaints. Policy requested from Administrator on
09/10/2025, Administrator provided surveyor with Texas Food Establishment Rules, dated August 2021
Event ID:
Facility ID:
676392
If continuation sheet
Page 2 of 4
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
09/10/2025
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 0887
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Educate residents and staff on COVID-19 vaccination, offer the COVID-19 vaccine to eligible residents and
staff after education, and properly document each resident and staff member's vaccination status.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to implement COVID-19 immunizations policies and
procedures to ensure that resident's medical record includes documentation that indicates that the resident
or resident representative was offered provided education regarding the benefits and potential risks
associated with COVID-19 vaccine for 1 of 5 (#1) residents reviewed for COVID-19 vaccination status in
that:The facility failed to provide documentation that Residents #1 had received education regarding the
benefits and potential risks associated with COVID-19 vaccine.These failures placed residents at risk for
not being informed/educated about immunization and decline in health status. infections, the transmission
of infectious disease, and a decline in health status. Findings included: Record review of Resident #1's
admission Record was documented she was admitted on [DATE], re-admit date [DATE] with diagnoses of
heart failure, acute respiratory failure, dementia, cognitive communication deficit, and need for personal
assistance.Record review of Resident #1's consolidated orders for September 2025 documented she had a
personal history of COVID-19.Record review of Resident #1's Quarterly MDS dated [DATE] documented
BIMS score was 12/15 (moderately cognitive impairment), ADL was documented was independent for
eating.Record review of Resident #1's Care Plan dated 8/6/2025 documented no care plan for the
COVID-19 vaccination.Record review of Resident #1's consent form dated 10/4/2024 documented, her
responsible party signed a consent for the COVID-19 Vaccine. Record review of Resident #1's neurologist
visit dated 8/27/2025 documented in 2021, she was in the hospital with COVID-19.Record review of
Resident #1's chart documented she received her last COVID-19 vaccination on 12/22/2023. Interview on
9/10/2025 at 11:34 AM the RP for Resident #1 stated she had consented for Resident #1 to have a
CVOID-19 vaccination, and the facility had not provided this to her. Interview on 9/10/2025 at 5:45 PM the
DON stated the resident should have been offered a COVID-19 vaccine yearly with a consent form.
Interview on 9/10/2025 at 6:02 PM with RN A, who was the previous ADON, stated she was not sure they
were still administering COVID-19 vaccines for residents. No Covid-19 vaccine was provided to Resident
#1. Interview on 9/10/2025 at 7 :30 PM with ADM stated, if the family/residents provided consent the facility
will provide a COVID vaccination to the resident.Record review of policy, COVID-19, no date was
documented It is the policy of this facility to ensure that: When COVID-19 vaccine is available to the facility,
each resident and staff member is offered the COVID-19 vaccine unless the immunization is medically
contraindicated or the resident or staff member has already been immunized per the CDC
recommendations. Before offering COVID-19 vaccine, each resident or the resident representative receives
education regarding the benefits and risks and potential side effects associated with the COVID-19 vaccine.
The resident, resident representative, or staff member has the opportunity to accept or refuse a COVID-19
vaccine and change their decision. The resident's medical record includes documentation that indicates, at
a minimum, the following: (A) That the resident or resident representative was provided education regarding
the benefits and potential risks associated with COVID-19 vaccine; and PURPOSE: To minimize the risk of
residents acquiring, transmitting, or experiencing complications from COVID-19 by ensuring that each
resident: Is informed about the benefits and risks of immunization. Has the opportunity to receive, unless
medically contraindicated or refused or already immunized, the COVID-19 vaccine. Offering vaccinations:
The facility will offer residents and staff vaccination against COVID-19 when vaccine supplies are available
to the facility through the facility's pharmacy partner. If the resident' resident representative consented to
the vaccine, a physician's order will be obtained for the COVID-19 vaccine. For residents who receive
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676392
If continuation sheet
Page 3 of 4
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
09/10/2025
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 0887
vaccination, the following information will be documented in the resident's electronic health record: The date
of vaccination Lot number, Expiration date, Site of vaccination, Name of person administering the vaccine.
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676392
If continuation sheet
Page 4 of 4