F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
F

Failure to Appoint Licensed Administrator

Kennedy Health & RehabLufkin, Texas Survey Completed on 03-05-2025

Summary

The governing body of the facility failed to appoint a state-licensed Administrator responsible for managing the facility from December 13, 2024, to February 12, 2025. During this period, the facility was without a full-time Administrator, which could potentially affect the health and safety of all residents. The Director of Nursing (DON) confirmed that the facility did not have a full-time Administrator and that an interim Administrator was hired but was not consistently present at the facility. The interim Administrator started on February 12, 2025, and had only been at the facility about four times since her appointment, visiting approximately twice a week. Interviews with staff, including a Licensed Vocational Nurse (LVN) and the Business Office Manager (BOM), corroborated that the facility had been without an Administrator since December 2024. The DON reported that during the absence of an Administrator, she sought guidance from an Area Director of Operations (ADO) who was not licensed in Texas and other Administrators she knew. The interim Administrator acknowledged that she was unaware of the facility's lack of an Administrator before her start date and recognized the risk of missing critical compliance without an Administrator present. The facility's policy requires a licensed Administrator to manage the facility, which was not adhered to during the specified period.

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

Below are regulatory guidelines relevant to this citation:

See other F0837 citations
Delayed Refund of Resident Credit Balance
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

A resident had a $1,791 credit balance tied to SOC payments for Medicare co-insurance, but the facility delayed issuing the refund while trying to determine whether the payment was a true refund or an insurance mistake. The BOM acknowledged the refund was held too long and that the facility’s policy required completion of the refund process within 30 days.

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.
No Active Licensed Administrator Onsite
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The governing body failed to ensure uninterrupted administrative oversight when the facility was left without a licensed NHA with an active Ohio license after the prior administrator resigned. Corporate staff reported the owner’s Ohio NHA license was inactive, BELTSS confirmed the inactive status, and the facility also lacked a full-time onsite DON, relying instead on an interim DON and other offsite corporate support.

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.
Lack of Written Procedures for Temperature and HVAC Monitoring
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Lack of Written Procedures for Temperature and HVAC Monitoring: The facility failed to develop and implement written P&P for monitoring room air temperatures and HVAC units. Staff described a process of checking resident room temperatures, averaging readings by station, and documenting HVAC filter changes, but the logs did not identify the inspection components or the staff performing the work, and the facility had no written guidance for the process.

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 Maintain a Licensed Administrator
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Failure to maintain a licensed administrator. The facility's governing body did not appoint a properly licensed administrator to manage the facility, and no licensed administrator had been in place since the previous administrator became the administrator of record at another facility. The CFO stated he was not a licensed administrator and did not go into the building, and the DON stated she expected the facility to have a licensed NHA.

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.
Incomplete Resident Fund Accounting After Ownership Change
E
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

A facility Governing Body failed to ensure complete, consolidated, and accurate accounting of resident personal funds and balance transfers after an ownership change. A Business Office Manager said resident fund accounts were still being transitioned into a new RFIM account, records from corporate were difficult to obtain, and one resident's account remained outstanding for months. A cognitively intact resident reported receiving late, incorrect statements that did not let him verify credits and debits, while another resident's transfer timing was unclear; attempts to reach Corporate and Regional BOMs were unsuccessful.

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.
Missing Licensed Administrator and Governing Body Policy
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The facility failed to have a licensed administrator and could not produce a governing body policy. Record review showed the prior administrator left and the current administrator was not hired until more than a year later, leaving the facility without an administrator for over 365 days. The DON identified 25 residents in the facility, and the administrator was unable to locate the governing body policy during the survey.

Inspection fine: $16,35527 days payment denial
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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