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

Below are regulatory guidelines relevant to this citation:

See other F0583 citations
Electronic Medical Records Left Visible on Unattended Computers
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Electronic Medical Records Left Visible on Unattended Computers: Two residents' EMRs were left open and visible on unattended computers during wound care and med pass. One resident had HTN, DM, and malnutrition with moderate cognitive impairment, and another resident had acute respiratory failure with hypoxia, HTN, DM2, and Afib with intact cognition. Staff confirmed the screens were left open and available for public view.

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 Confidential Resident Information
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

A resident's confidential medical information was left visible on the East med cart computer screen at the nurses station when the cart was unattended. An RN confirmed the observation and acknowledged that resident personal and clinical information was exposed to anyone passing by.

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 Confidential Medical Records
F
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

A facility failed to keep residents’ personal and medical records secure and confidential. Medical record review showed hospice notes were entered directly into the EMR for three residents, and the regional clinical director stated the hospice previously used was given full access to the EMR for all residents. The Resident Rights policy stated residents have a right to secure and confidential personal and medical records.

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 Deliver Resident Mail Promptly
E
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Failure to Deliver Resident Mail Promptly: The facility failed to ensure residents could send and receive mail and other materials in a timely manner. In a group interview, multiple residents stated they never received mail or that mail was not distributed on Saturdays because the AD did not work weekends. The AD said she passed mail Monday through Friday and was unsure who handled Saturday delivery, while the Administrator said weekend nursing staff were expected to pass mail. The facility policy required mail delivery within 24 hours of receipt.

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

A cognitively intact female resident with Guillain-Barre Syndrome, depression, muscle weakness, and dependence on staff for toileting received incontinent care from two CNAs while her roommate was present in the room, and the privacy curtain was not pulled at any time. The resident’s care plan documented a self-care deficit and need for assisted incontinent care, and facility policies on perineal care and resident rights required staff to provide privacy, including use of doors, curtains, and blinds. In post-incident interviews, both CNAs acknowledged that privacy should have been provided during the care and recognized that doing so is part of respecting resident rights and dignity, while the DON and Administrator confirmed their expectation that staff follow these privacy practices.

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 Privacy During Glucose Monitoring and Insulin Administration
D
F0583 F583: Keep residents' personal and medical records private and confidential.
Short Summary

Two cognitively intact male residents with diabetes, one with additional psychiatric diagnoses, received blood glucose checks and, for one resident, an insulin injection in an open area near the nurse’s station rather than in a private setting, exposing their medical treatment to others. Facility leadership, including the DON and Administrator, acknowledged that facility policy and practice required such medical treatments to be performed in residents’ rooms to protect privacy and confidentiality of personal and medical records, and that providing these services in public areas was inconsistent with resident rights and privacy standards.

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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