F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
K

Insufficient Nursing Staff Leading to Unsafe Transfers, Falls, and Delayed Incontinence Care

Merkel Nursing CenterMerkel, Texas Survey Completed on 02-16-2026

Summary

The deficiency involves the facility’s failure to provide sufficient nursing staff with appropriate competencies and skill sets to meet resident needs on 34 of 84 reviewed shifts, despite a facility assessment requiring at least two direct care staff and one nurse per shift. Timecard review showed that on multiple specified dates and shifts between early January and early February, only one direct care staff member was on duty, even though the facility had residents requiring mechanical lifts and two-person transfers. Interviews with leadership acknowledged that the facility was short staffed due to staff quitting, difficulty hiring in a rural area, and inability to compete with larger facilities and hospitals, and that resident care suffered because of being short staffed. One resident with a left femur fracture, severe cognitive impairment (BIMS score 00), and a care plan requiring two-person maximum assistance and two-person mechanical lift transfers was inappropriately transferred by a single NA without a mechanical lift. The NA reported she was the only aide working, knew the resident required a mechanical lift and two staff, but transferred him alone because no help was available and stated she routinely transferred him this way. Another resident with heart failure, kidney disease, severe cognitive impairment (BIMS score 07), and a care plan identifying high fall risk and the need for prompt response to call lights fell after using the call light for toileting assistance, waiting, then attempting to go to the restroom alone. Her call light was observed activated with no staff present in the hall or at the nurses’ station; she reported she always had to wait a while for staff to answer her call light and that she had fallen before. Timecards showed only one direct care staff was on shift at the time of this fall. A third resident with colon cancer, muscle weakness, and moderate cognitive impairment (BIMS score 09), who used a walker and wheelchair and required one-person assistance for transfers, had multiple falls over a short period, including two falls on the same day that led to hospitalization for rib fractures and pleural effusion. Progress notes described falls occurring while the resident attempted to get on the commode and when she was found on the floor between the bathroom and her room, with documentation of weakness and difficulty standing. The incident log showed numerous falls, and the care plan identified high fall risk related to weakness, but there were no updates to fall interventions since several months prior. Timecards indicated only one direct care staff was on duty during the falls that occurred that day. Another resident with depression, anxiety, severe cognitive impairment (BIMS score 01), partial/moderate assistance needs for transfers, and occasional incontinence waited approximately two hours to be changed after an incontinent episode. She was repeatedly told by the only aide on shift that the aide was too busy, was observed crying and still unchanged in the hall and dining room, and later had her request to an RN ignored before finally being changed about two hours after her initial request. The aide stated she had been working alone more often since other staff had quit, had difficulty getting everything done when working alone, and that being short staffed could lead to residents not getting needed care and could be considered neglect. Leadership interviews further linked these events to insufficient staffing. The AIT confirmed that on one of the key days only one aide was working because another did not show up, and acknowledged that it was not safe to have only one NA on the floor and that a resident should not have been transferred without a mechanical lift. The AIT stated her expectation was that residents be taken care of by whatever means necessary, while also acknowledging that policies and procedures were not always realistically followed. The ADON reported that the facility had been short staffed due to staff not wanting to work, staff quitting, and hiring challenges, and stated that resident care suffers because of being short staffed. The MD stated he was not aware the facility had been using so many uncertified aides and that the facility should have been using agency staff to ensure residents received care from qualified staff. These observations, interviews, and record reviews formed the basis for the Immediate Jeopardy determination related to insufficient nursing staff and resulting resident care failures.

Removal Plan

  • Define direct care staff as any trained individual who demonstrates competency per the facility aide competency checklist (including NA enrolled in CNA training employed less than 120 days, CNA, LVN, or RN providing direct care).
  • Ensure there are two direct care staff on the floor at all times in addition to one LVN/RN charge nurse; maintain a total of one LVN/RN and two direct care staff in the building at all times if there are any mechanical lift residents.
  • Assess staffing requirements weekly based on census and resident needs; ensure two direct care staff if the facility has any residents that use a mechanical lift or are a two-person transfer.
  • Ensure all agency or temporary direct care staff have documented training prior to working a shift by checking credentials via the agency portal and obtaining sister-facility CNA credentials prior to shifts.
  • Require two direct care nursing staff on each rotation.
  • Utilize staffing agency and aides from the sister facility if the facility does not have enough qualified staff.
  • Complete the facility assessment weekly to assess acuity and needs for direct care nursing staffing requirements.
  • IDT will review the facility assessment policy for guidance on acuity levels and staffing needs.
  • Follow the facility assessment to determine staffing needs.
  • Assess Residents #5, #3, #2, and #16 for any further injury, emotional distress, or pain.
  • Conduct an immediate review of staffing patterns to evaluate gaps in coverage and staffing needs.
  • Contact temporary staffing agencies to meet staffing requirements.
  • Use aides from the sister facility to cover staffing gaps until staffing agency assignments are filled.
  • Implement temporary agency staffing to ensure two direct care staffing coverage.
  • Request a copy of aide certification from the staffing agency.
  • Conduct certification checks on all aides arriving from the sister facility.
  • Charge nurse will verbally educate any agency and sister-facility staff during shift report (before starting) on call lights, mechanical lift, and abuse/neglect.
  • Charge nurse will require verbal return instruction from agency/sister-facility staff before they start the shift to determine competency.
  • Adjust the schedule to prevent only one direct care staff at any time, using temp agencies and sister-facility CNAs.

Penalty

Fine: $204,535
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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 F0725 citations
Insufficient Nursing Staff and Call Light Accessibility Failures
E
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

Surveyors found that the facility failed to ensure sufficient nursing staff and accessible, functional call lights for dependent residents. Several residents reported waiting from 30 minutes to hours for call bell responses, sometimes having to go to the nurses’ station themselves or, in one case, calling 911 when no call bell was available. During observation, multiple residents in bed had call lights on the floor and out of reach, and one room’s call system did not activate until an RN adjusted the wall connection. LPNs reported caring for 20–38 residents per shift, described triaging call lights due to workload, and stated they could not consistently meet expected response times. Grievance logs documented repeated, non-specific “call bell issues” over multiple review periods, and the Activities Director confirmed that residents continued to voice ongoing problems with delayed call light response during resident council meetings.

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.
Insufficient CNA Staffing Leading to Delayed Responses and Incomplete Hygiene Care
D
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

The facility failed to provide sufficient CNA staffing on a high‑census unit, resulting in only three to four CNAs caring for 49 residents while staff were floated to lower‑census units. A resident and multiple staff reported that showers were often replaced with bed baths due to inadequate staffing and the need to keep CNAs on the unit to answer call lights. Several residents described waiting 45–60 minutes for call light responses, including one who remained incontinent for several hours and another who slept in urine. Residents also reported rushed and incomplete hygiene care and noted that overworked staff argued about assignments and sometimes limited help to their own areas.

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.
Elopement of Wandering Resident and Delayed Call Light Responses
E
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

A cognitively impaired, wandering resident with Alzheimer’s disease and behavioral symptoms was care planned as an elopement risk but was able to leave the memory care unit by holding an emergency exit door bar for 15 seconds and exiting into a stairwell and then to the employee parking lot. The door alarm functioned, but staff in the noisy dining room did not hear it while they were feeding multiple residents, including several needing extensive assistance, and only realized the resident was missing when another staff member encountered him outside and brought him back. In addition, several residents who required staff assistance for transfers and toileting experienced prolonged call light response times well beyond the facility’s 15‑minute expectation, including one who reported waiting up to an hour during meals and having an in‑room accident, another observed waiting about 25 minutes while calling out for help, and a third waiting about 17 minutes before a CNA responded.

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.
Insufficient Staffing Leading to Delayed Care and Resident Neglect
E
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

The facility failed to ensure adequate nursing staff on all shifts, leading to prolonged call light response times and unmet care needs. Multiple residents reported waiting from 45 minutes to several hours for assistance, including toileting and incontinence care, and described staff leaving the floor during smoke breaks and meal tray pass, leaving minimal coverage. Staffing records showed nursing HPPD below required minimums on at least one reviewed day, and an external report flagged low weekend staffing. One resident reported being left overnight in a soiled brief while having diarrhea, later found with raw, red skin to the sacral and scrotal areas, and this incident was not documented as a grievance or reportable event. A night-shift observation also revealed fewer staff on duty than posted, with one NA sleeping and another conducting personal business, while only two NAs were left to care for more than fifty residents.

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 Respond Timely to Resident Call Lights
D
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

The facility failed to respond to resident call lights within its stated goal of 7 minutes, with documented response times exceeding 30 minutes for multiple residents. A cognitively intact resident reported being left on the toilet for extended periods, and call system data showed call lights active for well over an hour on several occasions. Another resident with moderately impaired cognition had call lights unanswered for more than an hour, including after returning from dialysis. A third cognitively intact resident reported waiting up to two hours, with records confirming multiple call light activations lasting over an hour. The DON acknowledged that call light times over 30 minutes were not timely.

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.
Insufficient staffing caused missed restorative exercise services
E
F0725 F725: Provide enough nursing staff every day to meet the needs of every resident; and have a licensed nurse in charge on each shift.
Short Summary

Insufficient staffing led to missed restorative exercise services for multiple residents with OT/PT discharge plans for ROM, strengthening, ambulation, and functional maintenance. Restorative aides were repeatedly pulled to the floor to work as NAs because of call-ins and short staffing, leaving many residents without ordered FMPs or exercise sessions, including one resident with no documented restorative exercises during the review period and others receiving services only a few times despite frequent opportunities.

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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