F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
D

Failure to Report Misappropriation of Property

Avir At LulingLuling, Texas Survey Completed on 01-07-2025

Summary

The facility failed to report an alleged violation involving misappropriation of property within the required 24-hour timeframe to the State Survey Agency. This incident involved a resident who was observed giving money to a CNA, who was an employee of the facility at the time. The resident, who had a history of moderately impaired cognition and various medical conditions, including hypertension, diabetes, and borderline personality disorder, was not in the facility when the incident occurred but had planned to return. The CNA was reported to have requested and accepted money from the resident, which was observed by a staff member from a hospital where the resident was receiving care. The facility's administrator was informed of the incident by the hospital's CEO but did not report it to the state agency, as the resident was not physically present in the facility at the time. The facility's policies on preventing resident abuse and resident rights did not specifically address the reporting of abuse, neglect, or exploitation. Interviews with the facility's administrator and regional director of operations revealed that the CNA was suspended and later terminated following the investigation. However, there was uncertainty about whether the incident was reported to the state, as the resident was not at the facility when it occurred. The resident expressed a desire for privacy regarding the money and mentioned feeling bad about the CNA losing her job. The facility's failure to report the incident in a timely manner could place residents at risk for further misappropriation.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

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See other F0609 citations
Failure to Report Allegations of Abuse and Verbal Mistreatment
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

Failure to report allegations of abuse and verbal mistreatment involved two residents. One resident with cancer, PVD, and Alzheimer’s disease was reported by a family member to have been rough-handled by two male CNAs during care, left in a wheelchair overnight, and not fed breakfast, but the allegation was not documented or logged. Another resident with stroke and recent abdominal surgery reported that staff talked about them like they were not there and called them fat; the concern was not clearly recognized as a current facility allegation and was not reported or investigated as expected.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Report Alleged Abuse and Neglect
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

Failure to Report Alleged Abuse and Neglect: A resident with severe cognitive impairment and dementia sustained a deep gash/skin tear to a finger and bruising during incontinent care after becoming combative with a CNA. The RP accused staff of abuse and called law enforcement, but the DON and Administrator did not report the allegation to the State Survey Agency, stating the police investigation was sufficient.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Report Suspected Abuse and Unexplained Injury
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

Failure to Report Suspected Abuse and Unexplained Injury Staff found two cognitively impaired residents repeatedly in bed together without clothing, but the incidents were only documented in progress notes and not reported to the SA because the team believed the interactions were consensual. One resident also had unexplained bruising and reported bloody discharge, yet the bruises and possible injury of unknown source were not reported as required. Neither resident had a documented capacity-to-consent assessment, and both care plans called for monitoring of their interactions and reporting suspected abuse.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Report Resident Abuse Allegations
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

Failure to Report Resident Abuse Allegations: A resident with schizophrenia, MDD, and other behavioral symptoms alleged that a nurse placed hands around his neck and that another staff member showed him marijuana and inappropriate pictures. Staff discussed a witness statement with the resident, but the allegation was not reported to the State Agency, and contracted consultant staff did not share the resident’s abuse concerns with facility leadership. Facility admin later stated the incident should have been reported.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Report Elopement Incident Involving Law Enforcement
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

A resident exited the building through a bedroom window, walked off the property, and was observed and redirected by staff with assistance from law enforcement, who encountered the resident down the road and helped escort the resident back. The facility’s internal documentation lacked staff or witness statements and characterized the event as the resident remaining on facility grounds without injury. Despite the resident’s account, a police report, and a maintenance staff report confirming that the resident left the premises and that law enforcement responded, the DON did not report the incident to required state and federal agencies, even though the DON acknowledged that any incident involving law enforcement response must be reported.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Immediately Report Alleged Staff-to-Resident Abuse
D
F0609 F609: Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper authorities.
Short Summary

Failure to Immediately Report Alleged Staff-to-Resident Abuse: A CNA was observed striking a resident’s arm during care, but the allegation was not promptly reported to the DON/abuse coordinator. The resident had severe cognitive impairment, dementia, CKD, HF, and required extensive ADL assistance. Staff communication broke down when the CNA told an LPN, who did not ensure direct reporting to administration, and the DON later learned of the allegation only after a delay.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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