F 0626
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Permit a resident to return to the nursing home after hospitalization or therapeutic leave that exceeds
bed-hold policy.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to establish and follow written policy on permitting residents to
return to the facility after they were hospitalized for one (Resident #1) of one resident reviewed for
transfer/discharge.
The facility failed to re-admit Resident #1 to the facility after he was sent to the hospital on [DATE].
This failure could place residents at risk of not receiving the care and services to meet their needs and
could affect their mental and emotional well-being.
The findings included:
Record review of Resident #1's admission Record dated 04/06/24 indicated Resident #1 was a [AGE]
year-old male admitted to facility on 10/28/2020 with diagnosis of Hypertensive heart disease with heart
failure (chronic high blood pressure with increased risk of coronary artery disease), vascular dementia
(brain damage caused by multiple strokes) and major depressive disorder, recurrent.
Record review of Resident #1's quarterly MDS assessment dated [DATE] indicated Resident #1 was able to
be understood by others, able to understand others, was not able to complete a Brief Interview for Mental
Status, had physical behavioral symptoms directed toward others daily, had verbal behavioral symptoms
directed toward others one to three days and Resident #1 was not receiving antipsychotic medications.
Record review of Resident #1's Care Plan dated 10/21/20 indicated Resident #1 had potential to
demonstrate physical/verbal behaviors using abusive language and kicking and hitting at staff. Interventions
were to provide physical and verbal cues to alleviate anxiety, give positive feedback, assist verbalization
source of agitation, assist to set goals for more pleasant behavior, encourage seeking out a staff member
when agitated. Resident seen by Deer Oaks for psychological assessment and counseling.
Record review of Resident #1's Care Plan dated 07/27/23 indicated Resident #1 exhibits or is at risk of
behavioral symptoms (striking out, grabbing others, combative, verbally, or physically abusive, inappropriate
disrobing) as observed behavior against another resident on 07/27/23. Interventions included activities
assessment for diversional activities, anticipate needs and meet promptly, maintain a calm slow
understandable approach, and notify physician, responsible party of episodes of aggression and abusive
behaviors.
(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:
676398
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
676398
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/06/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Fox Hollow Post Acute
310 America Dr
Brownsville, TX 78526
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 0626
Level of Harm - Minimal harm
or potential for actual harm
Record review of 30-day Discharge Notice dated 02/19/24 revealed the notice was sent to Resident #1's
RP indicating the facility was discharging Resident #1 due to facility could not meet his needs, the health of
other individuals in the facility were endangered, and the safety of other individuals in the facility were
endangered. The Notice indicated the reason Resident #1 was being discharged was that he was a threat
to residents and staff.
Residents Affected - Few
Record review of Notice of Hearing dated 03/07/24 revealed an appeal to the Discharge Notice was
requested by Resident #1's RP and the hearing was dated for 04/04/24 at 3:00 p.m. via telephone.
In an interview on 04/05/24 at 3:03 p.m., the Local Ombudsman said she had assisted Resident #1's RP to
file an appeal against the Discharge Notice. The Local Ombudsman said the appeal indicated Resident #1
should not be transferred or discharge until the Hearing Officer decided. The Ombudsman said Resident #1
had been transferred to the hospital on [DATE]. The hospital discharged Resident #1 and the facility refused
to let Resident #1 return.
In an interview on 04/05/24 at 3:15 PM The DON said Resident #1 was sent to the hospital because he hit
an elderly female resident in the mouth. The DON said Resident #1 refuses to take his medications.
Resident #1 had been prescribed Seroquel and Haldol but would not take his meds. Resident #1 had a UTI
and was prescribed an antibiotic and he would not take it. If the nurses tried to give him the medications,
Resident #1 would become aggressive and would throw a shoe at the nurse and the Med Aide. The DON
said Resident #1 also hit the NP. The Resident threw a shoe at the NP and hit him in the chest. Resident #1
would go sit in the dining room at a table by himself because he would get upset if anyone at the table was
talking. Resident #1 would sit with another male resident in the dining room. The other male resident was
very social and liked to talk to other residents. The other male resident was talking to Resident #1 and
Resident #1 became upset and began yelling at the other male resident and hit him. Resident #1 had a
couple of encounters with that resident. The DON said Resident #1 also had an encounter with a female
resident and Resident #1 hit the female resident in the face. Resident #1 was sent to the ER for evaluation
and to be cleared for the Behavioral Center. The DON said the ER cleared Resident #1, but the Behavioral
Center refused to take Resident #1 because his aggression. The DON said when the Behavioral Center
refused to take Resident #1 the Administrator refused to let Resident #1 return to facility.
In an interview on 4:05 PM, Med Aide A said Resident #1 would not take his meds. Resident #1 had been
here a long time, when he used to walk he would take his medications but as his illness progressed he
began refusing his medications. Med Aide A said she would offer the medications and depending on
Resident #1's mood he would say no, I am not taking those medications, or he would throw them at her and
refuse. Med Aide said she witnessed the incident between Resident #1 and the female resident. Med Aide
A said she was in the dining room and her back was toward the hall. The Med Aide said she heard people
arguing. There were four female residents in the hall way and Resident 1's wheelchair was locked with the
female resident. Med Aide A said she saw the female resident was holding Resident #1's hands. Resident
#1 let go of one of her hands and then punched the female resident. Resident #1 hit her with his right hand
with a closed fist on her left cheek. Med Aide A said she yelled for the nurse. The Med Aide A said she felt
realy bad because she was too late and could not stop Resident #1. Med Aide A said you always had to be
careful when he passes by because if he can't get through he will get upset and would lash out.
In an interview with the nurse from the hospital on [DATE] at 5:10 PM, the RN said Resident #1's mood
changes; sometimes he was calm and sometimes he was not. The RN said Resident #1 had been taking
his medications lately. The RN said they were waiting for the Social Worker to find placement for
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676398
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
676398
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/06/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Fox Hollow Post Acute
310 America Dr
Brownsville, TX 78526
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 0626
Resident #1.
Level of Harm - Minimal harm
or potential for actual harm
In an interview at the hospital on [DATE] at 5:15 PM, Resident #1 said he was doing well but there was
nothing wrong with him and he wanted to be discharged . Surveyor asked if Resident #1 wanted to go back
to the facility and Resident #1 said wanted to go to his ranch.
Residents Affected - Few
In an interview on 04/06/24 at 9:46 AM via phone with Administrator said Resident #1 was sent to the
hospital to be cleared for sectioning to the Behavioral Center. The hospital said there was nothing wrong
with Resident #1 and were going to send him back to the facility, but the Administrator refused to take him
back because he is a threat to the residents and staff. Resident #1 has had four incidents where he hit staff
and residents. The Administrator said Resident #1 refuses care, medications and does not allow staff to
enter his room to clean. The Administrator said the appeal was scheduled for 04/04/24 but he requested the
appeal to be rescheduled so he could gather all the documents needed for the hearing. The Administrator
said Resident #1's RP was notified of the transfer to the ER, and she agreed with the decision to transfer
Resident #1 to the ER.
In an interview on 04/06/24 at 2:27 PM the Assistant Administrator said Resident #1 had 15 incidents of
aggression and there were several self-reports of Resident #1 aggression toward other residents. The
Assistant Administrator said the facility has tried to get family to assist with Resident #1's behavior. The
Assistant Administrator said they have tried numerous interventions, but Resident #1 refuses all care.
Record review of facility's Transfer or Discharge policy dated August 2018 revealed:
1.
Residents will not be transferred unless:
a.
The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in
the facility.
b.
The transfer or discharge is appropriate because resident's health has improved sufficiently .
2.
If a resident exercises his or her right to appeal a transfer or discharge notice, he or she will not be
transferred or discharged while the appeal is pending unless the failure to discharge or transfer would
endanger the health or safety of the resident or other individuals in the facility.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676398
If continuation sheet
Page 3 of 3