F0583 F583: Keep residents' personal and medical records private and confidential.
D

Failure to Maintain Resident Privacy and Dignity During Personal Care

Avir At Heritage OaksLubbock, Texas Survey Completed on 04-02-2026

Summary

The deficiency involves a failure to ensure personal privacy and dignity for a cognitively intact male resident with chronic kidney disease, malignant neoplasm of the spinal cord, and paraplegia, who was dependent on staff for toileting hygiene and required substantial assistance for showers. According to his care plan, he required staff assistance with ADLs, including toilet and personal hygiene. On the night in question, the resident returned late from a pass and initially fell asleep after being put to bed. In the early morning hours, he used his call light and requested a shower from a CNA who reported she was in the middle of rounds and could not provide the shower at that time. During this interaction, the resident became verbally aggressive and used profanity toward the CNA. The CNA stated she placed him in bed, removed his bottoms, and attempted to complete incontinence care, but reported that he stopped cooperating and refused to turn, preventing her from completing his brief change. She told him she would step out and that someone else would finish his care, then left the room. The CNA acknowledged that the resident was left with only a shirt and half a brief on, and she was unsure whether the door was left open. She did not cover him with a sheet or otherwise ensure he was not exposed before leaving, and she did not return to the room or follow up on whether his care was completed, instead notifying her charge nurse that he had been cursing at her and that she had stepped out to let him calm down. Another nurse later received a call from the resident asking for help and went to his room, where she found the door wide open, the privacy curtain between the two roommates not pulled, and the resident completely naked on the bed with a soiled brief and dirty wipes present. The roommate, who was also cognitively intact and paraplegic, recalled that the CNA had undressed the resident in bed, left the door open, and then left, and that some time passed before another nurse came to finish the resident’s care. Facility leadership, including the LVN charge nurse, the administrator, and the DON, stated that staff were expected to ensure residents were safe, covered, and provided privacy before leaving a room, even when stepping out due to resident behavior, and acknowledged that leaving the resident exposed in bed with the door open and without privacy curtains constituted a violation of his dignity and privacy. The facility’s resident rights policy required employees to treat residents with kindness, respect, and dignity, and to protect their privacy and confidentiality.

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 F0583 citations
Unsecured eMAR Screen Exposed Resident Information
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

An LVN left a medication cart computer monitor active and unsecured during med pass, visibly displaying a resident’s eMAR and private clinical details in a hallway near resident rooms. The screen was left open a second time while the LVN stepped away to retrieve keys, and the LVN later acknowledged the exposure was an unauthorized sharing of PHI and a HIPAA violation. The DON, ADM, and CCN stated that leaving the terminal open allowed others to view private resident information.

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 Privacy During Incontinent Care
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Failure to Provide Privacy During Incontinent Care: A resident with severe cognitive impairment, an indwelling catheter, and assistance needs for ADLs was observed receiving perineal/incontinent care by two CNAs without the privacy curtain being drawn, leaving him exposed from the waist down while his roommate was in the room. The resident stated he felt uncomfortable and wanted the curtain closed every time. Staff acknowledged that privacy during care was required for dignity, but one CNA said he did not pull the curtain because he thought it was not working.

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 Medical Record Privacy
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

A CMA left a locked med cart unattended with the laptop screen unlocked, allowing A resident's personal medical information and medications to be visible. The CMA said she was not sure whether the screen needed to be locked or hidden when away from the cart, and later interviews confirmed the cart and laptop screen should be locked whenever staff step away.

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 Privacy During Wound Care
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Failure to provide privacy during wound care. An LPN assessed and applied a dressing to a resident while the resident was eating lunch, with the room door open and the privacy curtain not pulled. The interaction was visible from the hallway, and the LPN and Unit Manager confirmed privacy should have been provided and that dressing care should not occur during mealtime.

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.
Confidential resident medication slip left visible at nurse’s station
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

A resident’s pharmacy slip containing his name and medication information was left on the ledge of the nurse’s station and remained visible during repeated observations when no staff were present. The LVN said the slip should have been secured inside the nurse’s station, and the ADON, DON, and Administrator all identified the information as confidential and not meant to be left in view of others.

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.
Improper Release of Protected Health Information
E
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Improper Release of PHI: A staff member released a resident’s requested medical records to the resident’s son, but the packet also included skilled progress notes and other PHI for 12 unrelated residents. The error occurred when the staff member printed records from the EMR using only the first few letters of the resident’s name and did not recognize that multiple residents’ documents had been selected before sending the scanned records by secure email.

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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