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 Preserve Resident Dignity During Shower Transfer
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 hemiplegia, hemiparesis, and vascular dementia was transferred in a mechanical lift from her room into a hallway to a reclining shower bed while only partially covered with a bath sheet, leaving her hips and buttocks exposed to others in the area. The resident said she did not like being left exposed, and staff stated the bed was usually placed outside her room because of space limits, though the DON expected her dignity to be preserved during the transfer.

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 Assistance
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 facility failed to provide a dignified dining experience for two residents who needed feeding assistance. One resident was left waiting while another resident at the same table was assisted and a third fed himself, and another resident received a tray but was not helped until staff finished assisting someone else at a different table. A nurse aide stated there were only two staff in the room and four residents who needed feeds.

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.
Cell Phone Use During Resident Care
E
F0550 F550: Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
Short Summary

Cell Phone Use During Resident Care: CNAs were observed by 11 confidential residents using personal cell phones while providing showers, peri-care, and other hands-on care, as well as while walking in halls, at the nurses’ station, and in the dining area. Residents said the phone use made them feel ignored, embarrassed, and that their privacy was violated. The DON and ADM stated staff should give residents full attention and not use cell phones in patient care areas, and the facility policy required residents be treated with kindness, respect, dignity, and confidentiality.

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 Knock Before Entering Residents’ Room
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 PTA entered two residents’ shared room without knocking or announcing herself first. One resident had arthrogryposis multiplex congenita, tracheostomy dependence, and respirator dependence, and both residents had severely impaired cognitive skills and were dependent on staff for multiple ADLs. The PTA stated she should have knocked and introduced herself, and the DON said staff should knock and announce themselves before entering to respect residents’ dignity and rights.

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.
Missed Off-Campus Appointment Due to Poor Transportation Coordination
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 quadriplegia and spinal stenosis missed a standing off-campus PT appointment after transport was not properly coordinated. A CNA escorted him to the pickup area, where Driver 1 said no driver was available and sent him back to his room, while Driver 2 later documented the trip as canceled without notifying the unit that she was available. RN staff did not verify transportation, and the resident became upset and reported feeling neglected and that his care was less important than other residents’ care.

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.
Uncovered nephrostomy bag visible from hallway
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 moderate cognitive impairment, MS, neurogenic bladder, an indwelling catheter, and a left nephrostomy tube had his nephrostomy drainage bag left uncovered and visible from the hallway while seated in a Broda chair with his room door open. The care plan directed staff to ensure he was appropriately covered and dignity was provided, and the RNCM and DON confirmed the uncovered bag was a dignity concern.

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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