F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
E

Failure to Maintain Competent Dietary Staff and Required Food Handler Certification

Avir At New BraunfelsNew Braunfels, Texas Survey Completed on 12-31-2025

Summary

The facility failed to employ sufficient staff with the appropriate competencies and skill sets to carry out the functions of the food and nutrition service, as evidenced by a lack of regular in-service training for all kitchen staff reviewed. Interviews revealed that instead of formal training, staff received group text reminders regarding procedures such as food temperature logging, food labeling, and sanitation, with no documentation of the frequency or content of these reminders. The Registered Dietitian Nutritionist (RDN) expressed concerns about food temperatures and indicated that ongoing staff education was expected but not documented. The Administrator was unable to provide any in-service training records for the food service staff within the requested three-month period, and it was noted that a change in the contracted food service company had occurred two months prior. Additionally, one staff member did not have documentation of a current and valid Food Handler's Certificate, as required by state regulations. The facility's policies on food preparation, service, and sanitation did not specify training expectations or qualifications for food service staff. Review of state requirements confirmed that food service employees must complete accredited food handler training within 30 days of employment. These findings were based on interviews, record reviews, and policy examinations, and involved all ten kitchen staff reviewed.

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 F0801 citations
Lack of Qualified Dietary Leadership
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Lack of Qualified Dietary Leadership: The facility failed to employ either a full-time RD or a qualified DM to oversee food and nutrition services, affecting all 54 residents. The CSD stated she had only recently enrolled in the CDM program and had no other food service certification or training, while the administrator said an RD worked one day a week and was on call. Requested documentation for the CSD’s qualifications and the dietary staff qualification policy were not provided.

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.
Lack of Qualified Dietitian and Noncompliant Food Handler Certifications in Dietary Services
E
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Surveyors found that the facility did not employ a qualified dietitian or clinically qualified nutrition professional and had no active dietary manager, while the owner, who lacked a food handler certificate, was observed preparing meals in the kitchen. A dietary aide’s food handler certificate was expired, yet the aide assisted with drinks and desserts on meal trays. Facility policy required valid Texas Food Handler Certificates for all dietary employees handling food and appropriate certification for dietary leadership, but these requirements were not met. The Administrator reported that the facility had been without a dietitian for several months and acknowledged that, without qualified dietary oversight, residents may not receive proper nutrition, which could lead to weight loss.

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.
Lack of Certified Dietary Manager Oversight for Specialized Diets
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

The facility did not employ a certified dietary manager to oversee food and nutrition services, despite having residents who required pureed and mechanical soft diets. During observation of a breakfast meal, dietary staff prepared meals while the person acting as dietary manager was confirmed by both dietary and administrative staff to be uncertified. When surveyors requested documentation, the facility was unable to provide a policy regarding the requirement for a certified dietary manager.

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.
Dietary Manager Lacked Required Certification
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

The facility failed to ensure the Dietary Manager met CDM qualification requirements. The Dietary Manager stated she did not have kitchen manager certification and was still enrolled in a class to obtain it. Her file showed she started work before earning CDM status, and her application noted she was not yet a CDM and was still in school for the certification.

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.
Missing Qualified Food and Nutrition Leadership
F
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Missing Qualified F&NS Leadership: The facility did not employ a director of food and nutrition services after the dietary manager resigned, and the part-time RD worked about 24 hours per week. The Head temporarily oversaw kitchen operations without a formal assignment or dietary manager’s degree, and the administrator could not provide inservice records for dietary tasks. The RD’s role was limited mainly to menu coordination, resident meetings, dietary profiles, and resident assessments.

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.
Unqualified Dietary Oversight
E
F0801 F801: Employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, including a qualified dietician.
Short Summary

Unqualified Dietary Oversight: The facility failed to ensure qualified dietary staff oversaw food and nutrition services. The Dietary Manager was not certified as a dietary manager, and there was no Certified Dietary Manager in place. The Dietician worked remotely as a consultant and did not come to the facility in person, as confirmed by the Dietician, Regional Dietary Manager, and Administrator.

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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