F 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted
professional principles; and all drugs and biologicals must be stored in locked compartments, separately
locked, compartments for controlled drugs.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review the facility failed to, in accordance with State and Federal laws,
store all drugs and biologicals in locked compartments under proper temperature controls, and to permit
only authorized personnel to have access to the keys for one of 3 medication carts (2nd floor medication
cart) reviewed for medication storage.
MA A failed to ensure all drugs and biologicals were locked inside the medication cart.
This failure could place residents at risk of ingestion/exposure to medications not intended for them.
Findings included:
Observation on 7/19/23 at 7:51 AM revealed MA A set up medications for Resident #8, which included
Salonpas Patch. MA A was observed to remove Salonpas Patch from the sealed pouch, MA A dated and
initialed the patch and placed the patch on top of the medication cart parked in room [ROOM NUMBER]
doorway. MA A was observed to lock the cart, left the Salonpas Patch laying on top of medication cart and
entered room [ROOM NUMBER] and administered oral medications to Resident #8. MA A was observed to
have her back to the medication cart while she administered medications.
Interview with MA A on 7/19/23 at 8:23 AM, MA A stated she left Salonpas Patch on medication cart top
while giving Resident #8 morning medications. The Medication-aide stated it was okay to leave the patch
on the medication cart top because the patch was not medicine. MA A stated if another resident/someone
took patch there would be big trouble. MA A stated she was in-serviced on medication security by the
nurses.
Interview on 7/20/23 at 9:12 AM with LVN B, she stated medications were never to be left on top of an
unattended cart under any circumstance. LVN B stated all medications should be secured inside of the cart
and the cart locked before leaving cart. LVN B stated topical patches were medication and should never be
left on top of medication cart unattended. LVN B stated the DON/ADON provided in-services related to
cart/medication security. LVN B stated failure to secure medications would put others at risk of taking
medication not intended for them and could cause severe illness, even death. LVN B stated she had never
received any information that patches were not medication and could be left unattended.
Interview on 7/20/23 at 9:29 AM with R.N. C stated she would observe staff and in-service them on
(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 5
Event ID:
676489
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
676489
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/20/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Legacy Midtown Park
8280 Manderville Lane
Dallas, TX 75231
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 0761
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
anything that needed correction/refresher. R.N. C stated it was never okay to leave medications on top of
the medication cart unattended. R.N. stated medications left unattended put residents/others at risk for
taking substances not prescribed for them and could cause serious illness or death.
Interview on 7/20/23 at 11:59 AM, the DON stated medications should never be left unattended. The DON
stated she had been in her position such a short time that she had not had the opportunity to provide staff
in-services; that was one of her responsibilities. The DON stated all nurses/MA's had been in-serviced on
medication security since this incident. The DON stated leaving medications unsecured put residents/others
at risk for illness.
Interview on 7/20/23 at 12:06 PM, the facility Administrator stated the DON was responsible for in servicing
all staff. The Administrator stated medications should always be secured and never left unattended. The
Administrator stated unattended medications placed residents/others at risk of illness.
Record review of the facility's, undated, current Standards and Guidelines, revealed the following:
Storage of Drugs and Biologicals did not specifically address securing all medications inside medication
carts.
Record review of https://rcni.com/nursing-standard/opinion/expert-advice/medicines-management on
7/26/23 revealed All medicines should be locked away in a treatment room, drug trolley or the patient's
bedside locker.
Record Review of
https://www.google.com/search?q=can+medications+be+left+on+med+cart+top&rlz=1C1GCEB_enUS969US971&oq=can+
69i57.17052j0j1&sourceid=chrome&ie=UTF-8 on 7/26/23 revealed Medication carts should never be
brought into resident rooms and should instead remain in the doorway with the outward side of the cart
inaccessible to passersby. No medication should be kept on the top of the cart.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676489
If continuation sheet
Page 2 of 5
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
676489
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/20/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Legacy Midtown Park
8280 Manderville Lane
Dallas, TX 75231
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
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observation, interview, and record review the facility failed to store, prepare, distribute, and serve
food in accordance with professional standards for food safety in the facility's only kitchen.
Residents Affected - Some
1.
The facility failed to ensure food items were kept away from potential airborne contaminants (dust and fuzz)
on the mixer,
knife rack, piping leading to the ice machine, and utility shelving.
2.
The facility failed to ensure food items were properly covered and labeled with the contents or date the
items were placed
in the refrigerator in accordance with professional standards.
3. The facility failed to ensure raw beef was stored away from prepared food in the walk-in refrigerator.
These failures could place residents at risk for food contamination and food-borne illness.
Findings include:
Observation on 07/18/2023 at 9:15 AM in the facility's kitchen refrigerator revealed the following items were
not labeled or dated with the date they were placed in the refrigerator:
Rice pudding
Peach cobbler
Chocolate crumb cake
Pecan Pie
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676489
If continuation sheet
Page 3 of 5
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
676489
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/20/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Legacy Midtown Park
8280 Manderville Lane
Dallas, TX 75231
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
Cake
Level of Harm - Minimal harm
or potential for actual harm
In an interview on 07/18/2023 at 9:25 AM, the Kitchen Supervisor identified the rice pudding, peach
cobbler, chocolate crumb cake, pecan pie, and cake. She said she was not sure when they were placed in
the refrigerator. She stated the items should be labeled so all staff could identify the items and dated with
the date they were placed in the refrigerator to ensure freshness and prevent possible food-borne illness.
She said the [NAME] was responsible to ensure all food items were dated and labeled but was not sure
which [NAME] placed the items into the refrigerator. An observation in the facility's walk-in refrigerator
revealed a container of raw meat on the top shelf of a tray cart beside containers of prepared fruits and
vegetables. The raw meat was covered but not labeled with the contents or the date it was placed there.
Residents Affected - Some
In an interview on 07/18/2023 at 9:25 AM, the Kitchen Supervisor stated the raw meat should not be on the
same shelf as any prepared foods and should be stored on the bottom shelf to minimize the possibility of
raw meat juices contaminating other foods. She stated this could cause food borne illness. She said she
was not sure who placed the meat on the shelf. She asked the Cook, who denied doing it. The [NAME] told
the Kitchen Supervisor she did not know who placed the raw meat on the shelf and did not know when it
was placed there.
An Observation on 07/19/2023 at 8:01 AM in the facility's kitchen revealed a large industrial mixer, in the
food preparation area, with built up dust and grease on the top and sides, a utility rack with dust and fuzz
on the shelving. The utility rack stored clean metal inserts and plate covers. An observation of the ice
machine revealed a pipe leading to the filter, next to the opening of the ice machine to be covered with dust
and fuzz. A magnetic knife holder attached to the backsplash of the food preparation area was also covered
with dust and crumbs.
In an interview on 07/19/2023 at 8:10 AM, the Kitchen Supervisor stated the kitchen was cleaned regularly
by the dishwashers and a cleaning schedule was in place as a guide. She stated all kitchen equipment
should be clean and free of any debris that could contaminate food during preparation. She said the Dietary
Manager followed up with the cleaning schedule to ensure it was followed. She stated when the Dietary
Manager was not working, it was the Cook's responsibility to follow up.
In an interview on 07/19/2023 at 8:20 AM, the Dietary Manager said she expected staff to know food
needed to be labeled and dated with the date the item was opened to ensure freshness and prevent the
possibility of food born illness. She said the dishwashers were responsible for cleaning kitchen equipment
according to the cleaning schedule. She provided a copy of the cleaning schedule.
In an interview on 07/20/2023 at 8:05 AM, the Dishwasher stated there was a cleaning schedule for kitchen
equipment, but she had been on vacation for three weeks. She said she did not know who was working
while she was gone but assumed they would have been responsible for the cleaning during that time. She
was unable to say when she last cleaned the mixer, ice machine filter pipe, utility shelf, or knife holder. She
said she knew it was important to keep the items clean as dirt and dust could contaminate food items being
prepared nearby.
In an interview on 07/20/2023 at 9:15 AM, the Administrator said she expected the kitchen staff to follow all
food safe handling procedures to prevent food contamination or food born illness.
An observation and interview on 07/20/2023 at 8:00 AM with the Kitchen Supervisor revealed a pound cake
in the refrigerator that was uncovered and undated. She stated the cake must have been opened
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676489
If continuation sheet
Page 4 of 5
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
676489
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/20/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Legacy Midtown Park
8280 Manderville Lane
Dallas, TX 75231
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
last night but was not sure why it was not dated or labeled. She said whoever opend it should have labeled
and deted the pound cake.
Record review of the cleaning scheduled reflected the mixer was to be cleaned on Tuesdays by the morning
Cooks and shelving on Saturdays by the morning cooks.
Residents Affected - Some
Record review of the facility's in-service records, titled Label, Dates, Temp Logs, dated 04/10/2023,
reflected nine staff names which included the Kitchen Supervisor, Cook, and Dishwasher. The in-service
reflected Why is it important to label and date food: This helps prevent foodborne disease outbreaks. This
practice recommended in the Food and Drug Administration's (FDA) Food Code. They should be marked
with a date indicating when the food should be eaten, sold, or thrown away.
Record review of the facility's policy titled, Sanitation, dated October 2008 reflected, The food service area
shall be maintained in a clean and sanitary manner. All equipment, food contact surfaces and utensils shall
be washed to remove or completely loosen soils by using the manual or mechanical means necessary
.Kitchen and dining room surfaces not in contact with food shall be cleaned on a regular schedule and
frequently enough to prevent accumulation of grime. The Food Services Manager will be responsible for
scheduling staff for regular cleaning of kitchen and dining areas. Food services staff will be trained to
maintain cleanliness throughout their work areas during all tasks, and to clean after each task before
proceeding to the next assignment.
Record record review of the Federal Drug Administration Food Code dated 2022 section 4-601.11
Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils revealed (A) EQUIPMENT
FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. (B) The FOOD-CONTACT
SURFACES of cooking EQUIPMENT and pans shall be kept free of encrusted grease deposits and other
soil accumulations. (C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an
accumulation of dust, dirt, FOOD residue, and other debris. 3-305.11 Food Storage. (A) Except as specified
in (B) of this section, FOOD shall be protected from contamination by storing the FOOD: (1) In a clean, dry
location; (2) Where it is not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6
inches) above the floor. (B) FOOD in packages and working containers may be stored less than 15 cm (6
inches) above the floor on case lot handling EQUIPMENT as specified under § 4-204.122. 3-305.14
Food Preparation. During preparation, UNPACKAGED FOOD shall be protected from environmental
sources of contamination. 3-307.11 Miscellaneous Sources of Contamination. FOOD shall be protected
from contamination that may result from a factor or source not specified under Subparts 3-301 - 3-306.
3-602.11 Food Labels. (A) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as specified
in LAW, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.
3-302.12 Food Storage Containers, Identified with Common Name of Food. Except for containers holding
FOOD that can be readily and unmistakably recognized such as dry pasta, working containers holding
FOOD or FOOD ingredients that are removed from their original packages for use in the FOOD
ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be
identified with the common name of the FOOD. 3-501.17 - Commercially processed food Open and hold
cold (B) Except as specified in (E) - (G) of this section, refrigerated, READY-TO-EAT TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT shall be
clearly marked, at the time the original container is opened in a FOOD ESTABLISHMENT and if the FOOD
is held for more than 24 hours, to indicate the date or day by which the FOOD shall be consumed on the
PREMISES, sold, or discarded, based on the temperature and time combinations specified in (A) of this
section and: Pf (1) The day the original container is opened in the FOOD ESTABLISHMENT shall be
counted as Day 1; Pf and (2) The day or date marked by the FOOD ESTABLISHMENT may not exceed a
manufacturer ' s use-by date if the manufacturer determined the use-by date based on FOOD safety.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676489
If continuation sheet
Page 5 of 5