F 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observation, interviews and record review, the facility failed to store, prepare, distribute and serve
food in accordance with professional standards for food service safety for 1 of 1 kitchen reviewed for
kitchen sanitation in that:
1. Food items were not labeled and/or dated and did not contain discard dates.
2. Food items were opened and not refrigerated as recommended by the manufacturer.
3. Unpasteurized eggs were being used to make over easy eggs for a resident.
Findings included:
1. Observation and interview on 8/16/2022 at 11:57 a.m. of the freezer behind the food prep table revealed:
a. 9 white circular shaped items in a clear cellophane bag with no label or date, identified as crusts by the
Cook.
b. 15-cylinder shaped items approximately 15 inches in length and 1 inch in diameter in a clear cellophane
bag not labeled or dated, identified as churros by the cook.
c. A 29.7-pound box labeled biscuits opened and identified by the cook as needing to be returned to the
manufacturer as not usable, damaged. [NAME] A said kitchen staff reported they believed they had gotten
too warm prior to being delivered and the individual shapes were no longer uniform shape and size, as they
had merged together and were now frozen together. The [NAME] said she forgot to throw them out.
In an interview on 8/16/2022 11:57 a.m., [NAME] A said the items in the freezer should be labeled and
dated and explained she did not know why they were not.
In an Interview on 8/16/2022 the DM explained all items in the freezer should be labeled and dated
according to the facility's policy. The DM further stated items should be labeled and dated in the freezer to
prevent freezer burn and to prevent illness.
In an interview on 8/19/2022 at 9:25 am, the Administrator said the items in the freezer should be closed
properly, labeled, and dated so that people know when they can be used and when they are not in
compliance to ensure they taste like they are supposed to and prevent adverse effects.
(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:
676481
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
676481
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/19/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Lavaca Bay Nursing and Rehabilitation Center
118 Trinity Shores Drive
Port Lavaca, TX 77979
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
Review of the facility's Food Receiving, and Storage Policy revealed: All food stored in the refrigerator or
freezer will be covered, labeled and dated (use by date).
2. Observation on 8/17/2022 at 3:51 p.m. of the dry storage area revealed:
a. (1) 32-ounce glass jar of jelly opened with no open date and not stored according to the manufacturers
label.
b. (1) 20-ounce glass jar of jelly opened with no open date and not stored according to the manufacturers
label.
c. 5 individual packages of oatmeal with no dates.
d. 2 individual packages of instant grits with no dates.
e. 12-quart container containing approximately 6 quarts of what was identified by the cook as breakfast
cereal.
In an interview on 8/17/2022 at 3:51 p.m. [NAME] A read the label on both containers of jelly and confirmed
the manufacturers label indicated the jelly should be refrigerated after opening on both containers. [NAME]
A said the jelly should be refrigerated if the label says it should be refrigerated because it might be good
and further stated if you give it to a resident, they could get sick. The cook said all items should be labeled
to make sure the resident was served food that was good.
In an interview on 8/17/2022 at 4:00 p.m., the DM explained if the manufacturers label says an item should
be refrigerated after it was opened, it was important to follow the directions so the item does not go bad
and make a resident sick. She explained she would continue to train staff about the importance of ensuring
items were labeled and dated after being opened or taken out of the manufacturers box it was delivered in.
Review of the facility's Food Receiving, and Storage Policy revealed Dry food that are stored in bins will be
removed from original packaging, labeled and dated (use by date).
3. Observation on 8/17/2022 revealed [NAME] A taking 3 eggs from the refrigerator from an egg container
that was labeled Grade AA eggs. The eggs were not labeled or marked.
In an Interview on 8/17/2022 at 4:30 p.m. [NAME] A did not know whether the eggs were pasteurized or
unpasteurized. She explained she just used whatever the DM gets for her to use. [NAME] A said she was
going to use the eggs to prepare over easy eggs for a resident.
In an interview on 8/18/2022 at 4:32 p.m. the DM said she thought she had ordered pasteurized eggs and
was unaware the new box of eggs in the refrigerator was unpasteurized.
In an interview on 8/18/2022 at 4:38 p.m. [NAME] B stated she has not been serving unpasteurized eggs to
any resident over easy. She explained, you are only supposed to use pasteurized eggs to give to residents
in the facility if they are not going to be cooked thoroughly because it could make the resident get sick.
In an interview on 8/18/2022 the contracting Regional Dietician said he heard there were
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676481
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
676481
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
08/19/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Lavaca Bay Nursing and Rehabilitation Center
118 Trinity Shores Drive
Port Lavaca, TX 77979
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 0812
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Many
unpasteurized eggs in the kitchen during an observation. He explained unpasteurized eggs were not
supposed to be used in the facility and he was unaware they were in the kitchen. He further stated
unpasteurized eggs could put immunocompromised residents at risk for salmonella or other bacteria.
In an interview on 8/18/2022 at 3:03 p.m. the Administrator said he was unaware that anyone in the kitchen
would use an unpasteurized egg, that was not cooked thoroughly to serve a resident. He explained that
should not be used in a nursing facility and the facility should always have pasteurized eggs.
Review of the facility's Food Receiving, and Storage Policy, dated July 2014, revealed the When food is
delivered to the facility it will be inspected for safe transport and quality before being accepted.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676481
If continuation sheet
Page 3 of 3