F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
K

Failure to Prevent Neglect and Ensure Timely Care for Resident

Avir At Temple WestTemple, Texas Survey Completed on 05-01-2025

Summary

The facility failed to administer care in a manner that enabled effective and efficient use of its resources to maintain the highest practicable well-being of a resident. The administrator did not ensure that staff refrained from willful abuse and neglect, as evidenced by staff not assisting a resident out of bed at a reasonable time, causing her to miss breakfast and lunch on a regular basis. The resident was consistently left in bed for most of the day, despite care plans and interdisciplinary team agreements specifying she should be up in her wheelchair between 6:00 AM and 7:30 AM daily to eat meals and reduce her risk for aspiration pneumonia. The resident, an elderly female with rheumatoid arthritis, dysphagia, acquired neck deformity, and adult failure to thrive, was dependent on staff for transfers and required to be in her wheelchair to feed herself due to physical limitations. Multiple records, including care plans, progress notes, and video evidence, showed repeated instances where she was not assisted out of bed until the afternoon, resulting in missed meals and prolonged periods in soiled linens. Staff interviews confirmed that some aides refused to enter her room due to personal conflicts or perceptions of her being a difficult resident, and this refusal was tolerated by facility leadership. The resident experienced significant weight loss over several months, and both she and her family reported feelings of neglect and lack of dignity. Observations and interviews with staff, the resident, and her family revealed a pattern of neglect, with staff failing to follow the care plan and not providing timely assistance. Staff acknowledged that the resident was often not gotten up before breakfast, and some admitted to avoiding her room. Leadership interviews indicated awareness of the issue, with the administrator and others noting that staff were allowed to refuse care assignments. The facility's own policies required prevention and identification of neglect, but these were not followed, resulting in the resident missing meals, remaining in bed for extended periods, and experiencing psychosocial and physical harm.

Removal Plan

  • Regional Director of Operations in serviced Administrator on Abuse/Neglect.
  • Regional Director of Operations and Director of Clinical Services will attend EMR meetings to ensure any resident issues identified have appropriate interventions.
  • Administrator in-serviced all team members on compliance 24-hour hot line where team members can report any concerns and or if administration is not taking corrective action or putting interventions in place to ensure residents are being cared for by staff appropriately.
  • Compliance hotline notifications will be posted by time clock and breakrooms.
  • Administrator trained by Regional Director of Operations.

Penalty

Inspection fine: $7,257
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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 F0835 citations
Failure to Protect a Known Elopement Risk
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to manage the facility effectively to protect a resident known to be at risk for elopement. A resident exited the assigned nursing unit unsupervised, and the report states this created an Immediate Jeopardy situation for one of fourteen residents documented as elopement risks. The NHA and DON confirmed the administrative failure during interview.

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.
Ineffective Administration Affecting Falls, Staffing, Nutrition, Immunizations, and Abuse Prevention
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Ineffective administration led to multiple failures in fall management, staffing, nutrition, immunization education, and abuse prevention. The facility did not follow fall interventions or complete accurate fall assessments and investigations, and two residents sustained serious injuries, including rib fractures and a thoracic burst fracture after an improper transfer. The report also cites inadequate RN coverage, insufficient staffing, missed dialysis transport, inaccurate documentation, falsified bathing records, failure to provide snacks and adaptive equipment, and abuse-related issues including verbal abuse and misappropriation of resident funds and property.

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 Timely Report Abuse and Neglect Allegations
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Timely Report Abuse and Neglect Allegations: The facility failed to maintain an effective system for timely reporting allegations of abuse and neglect after a prior F609 citation for the same issue. Surveyors found nine late reports involving multiple residents, and staff and the administrator acknowledged ongoing difficulty tracking when reports were due, with most late reports occurring during the monitoring period after the earlier deficiency.

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 Protect Resident from Elopement
J
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident with dementia and wandering tendencies was not protected from elopement after staff failed to follow instructions to place a Wander Guard and move him to the Secured Memory Unit. The resident was seen in the lobby, later could not be located, and was found miles from the facility after leaving unsupervised; the front entry door also lacked an operational Wander Guard system.

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 Ensure Supervision and Elopement Prevention
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Ensure Supervision and Elopement Prevention: The facility failed to consistently supervise and maintain safety interventions to prevent elopement for residents. Review of records, job descriptions, and staff interviews showed the NHA and DON did not effectively manage the facility to ensure proper supervision and elopement prevention interventions were implemented, and they failed to fulfill their essential duties to ensure federal and state guidelines and regulations were followed.

Inspection fine: $14,385
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.
Unqualified Social Service Director Hired
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Unqualified Social Service Director Hired: The facility failed to ensure the Social Service Director met the stated qualification of a bachelor's degree and 1 year of social services experience. The Administrator stated the current SSD was still in school and had not completed her degree, while a behavioral health director with a degree only helped with social services at times and was not the SSD. The job description and facility policy did not align with current regulatory requirements, and the facility census was 182 residents.

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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