F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
D

Failure to Return Residents’ Personal Cigarettes When Leaving the Facility

Avir At New BraunfelsNew Braunfels, Texas Survey Completed on 08-29-2025

Summary

The facility failed to ensure that two residents retained and used their personal possessions, specifically their cigarettes, when they left the facility grounds. Resident #13 was a male with nicotine dependence, cognitive communication deficit, and generalized anxiety disorder, and his quarterly MDS reflected a BIMS score of 15 with intact cognition. His smoking evaluation indicated he was able to safely smoke, and his care plan identified him as a smoker who was to follow the smoking schedule. Resident #37 was a female with congestive heart failure, hypertension, and mood disturbance, and her MDS also reflected a BIMS score of 15 with intact cognition. Her smoking evaluation indicated she could safely smoke, and her care plan noted that she preferred to spend most of her time outdoors smoking. On 08/13/2025, both residents requested their personal cigarettes when they were signing out of the facility for a few hours so they could smoke while off the property. Resident #37 stated that she and Resident #13 asked the hall nurse for their cigarettes, but the nurse said no. She further stated that they then asked the ADM, who told them they were not supposed to take their cigarettes with them. Resident #13 stated that staff were not treating him with dignity and respect and were taking away his rights and freedom by not allowing him to have possession of his personal cigarettes when he left the facility at various times. He stated that he would gladly return the items when he came back into the facility. Interviews with facility staff showed that the DM, ADON B, DON, and ADM all stated that residents were not allowed to take their cigarettes off the facility grounds unless they were discharged from the facility. The DM stated that residents were only allowed two cigarettes per smoking session and that the smoking policy did not allow residents to bring personal cigarettes off the grounds. ADON B stated that cigarettes were personal property but that she could not give them to residents upon signing out because of the smoking policy. The DON and ADM both stated that smoking items were considered personal property, but residents were not given their cigarettes if they checked themselves out of the facility. The facility policy stated that tobacco products and lighter devices were to be kept at the nurses' station in a locked place and were only permitted during designated smoking times under supervision, while the resident rights policy stated that residents had the right to retain and use personal possessions unless doing so would infringe on the rights or health and safety of others.

Penalty

Inspection fine: $11,901
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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 F0550 citations
Failure to Maintain Resident Dignity During Catheter Care and Dining
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

Failure to maintain resident dignity was identified when three residents with indwelling urinary catheters had drainage bags hanging on the bedframe without privacy covers, despite physician orders for privacy covers every shift. In addition, a resident who was ordered to be fed by staff was observed being fed by a nurse aide standing beside the bed during lunch, and the DON confirmed the dining experience was not dignified.

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 Resident Dignity During Dressing Assistance
D
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia, anxiety, and osteoarthritis was observed sitting naked on the bed in full view of the hallway while a CNA assisted with dressing. The care plan directed staff to assist with dressing, and the CNA stated the curtain had not been pulled after returning the resident from the bathroom. The ED confirmed the facility failed to maintain the resident's dignity.

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 Provide Dignified Dining Experience
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

Failure to provide a dignified dining experience: Four residents with significant diagnoses, including Parkinson’s disease, schizophrenia, cerebral palsy, TBI, and dysphagia, were brought to the assistive dining room for lunch but were not served their trays until more than 50 minutes after the posted mealtime. While other residents were already being assisted with eating, these residents were left watching the meal service, and the DON stated they should have been served at the same time as the others or not brought in until their trays were ready.

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 Dignity During Insulin Administration
D
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A facility failed to protect the dignity of two residents when an LPN administered insulin injections in the commons area in full view of surveyors, staff, and other residents. The LPN lifted each resident’s shirt, cleansed the injection site, and gave the subcutaneous insulin injection publicly rather than in a private area.

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.
Late Meal Service and Public Medication Administration
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia, depression, and anxiety was seated in the dining room while other residents ate, but the lunch tray was not served with the group on two occasions. In a separate event, an LVN administered oral meds to another resident with intellectual disability and cerebral palsy in the dining room while wearing gloves, rather than in a private setting, which staff stated was not the facility’s practice and could be seen as disrespectful.

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.
Unauthorized Shaving of Resident's Beard
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

A resident with dementia and Alzheimer's disease had his beard completely shaved by two CNAs without his RP's consent. The RP stated the resident had worn his beard for many years and had not been seen without it, and the DON stated the RP should have been notified because the resident lacked capacity to make decisions for himself. The facility policy required staff to ask the resident or, when appropriate, the resident representative about grooming preferences upon admission.

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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