F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
K

Untrained Aides and Improper Mechanical Lift Use Resulting in Resident Fracture

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

Summary

The deficiency involves the facility’s failure to ensure that nurse aides demonstrated competency in skills and techniques necessary to meet residents’ needs, particularly in the use of mechanical lifts and performance of transfers. The facility’s own Nurse Aide Orientation/Evaluation checklist, undated, stated that NAs could not perform tasks such as helping patients into a chair from bed or into a wheelchair by themselves. Despite this, multiple NAs were working full time without documented certification or evidence of mechanical lift training. Personnel files for several NAs (including NA-A, NA-C, NA-F, NA-G, NA-H, NA-J, NA-L, and NA-P) lacked documentation of mechanical lift training, and some had no evidence of any orientation or evaluation checklist at all. One resident, identified as Resident #1, was directly affected when NA-A transferred the resident using a mechanical lift without the assistance of another CNA or nurse, contrary to facility policy and the stated requirement that at least two staff are needed for mechanical lift transfers. This incident resulted in Resident #1 sustaining a distal femur fracture. The facility’s policy titled “Lifting Machine, Using a Mechanical Lift,” revised July 2017, specified that at least two nursing assistants are needed to safely move a resident with a mechanical lift, and the nurse aide job description required that aides be enrolled in a state-approved competency training program and perform only services for which they had demonstrated competence. Interviews with staff further demonstrated the lack of competency and training oversight. NA-F and NA-G each stated they were not certified and had not been trained regarding two-person mechanical lift transfers, although they provided full resident care without restrictions. The AIT confirmed that the NA checklist defined what NAs were allowed to do and that transfers were not allowed to be done alone by NAs; she also verified that two-person mechanical lift transfers were not on the NA checklist and that she could not locate NA-A’s checklist or any training records. The ADON stated that NAs could not perform any transfers without a CNA or nurse and that even two NAs together could not perform these activities, indicating that nurses were supposed to supervise NAs to ensure they did not perform tasks for which they were not trained. The MD reported he was not aware that the facility had been using so many uncertified aides and stated his expectation that staff follow facility policy and work within their scope of practice. These findings led surveyors to identify an Immediate Jeopardy situation related to the lack of competent nursing staff and improper use of mechanical lifts.

Removal Plan

  • Ensure there are two direct care staff on the floor at all times in addition to one LVN/RN charge nurse when there are any mechanical lift residents.
  • Assess staffing requirements based on census and resident needs, ensuring two direct care staff if the facility has any residents that use a mechanical lift or are a two-person transfer.
  • Ensure DON and ADON verify that all agency or temporary direct care staff have documented training prior to working a shift.
  • Provide immediate assessment and treatment for Resident #1 following the mechanical lift incident, including hospital transfer and following discharge orders.
  • Conduct an immediate review of staffing credentials for all staff to identify uncertified aides.
  • Move all uncertified staff to hospitality aide positions and utilize temporary staffing agency to meet certified aide requirements.
  • Remove any direct care staff not meeting CNA requirements from assignments requiring certification.
  • If aides are not certified, move them to hospitality aide positions or relieve them from duty and do not count them toward the two direct care staff count.
  • Redefine aide requirements with clear definitions and assign titles accordingly to all aides.
  • Ensure only certified nurse aides are assigned to CNA-required roles.
  • Assign the AIT responsibility for scheduling CNAs for each shift and utilize temporary staffing agencies and sister facility aides to meet certified aide requirements.
  • Verify active CNA certification prior to scheduling.
  • Educate all staff on call light usage.
  • Perform license verification checks for all direct care staff upon hire and thereafter, with AIT review for accuracy and completion.
  • Train all direct care staff on falls and call light usage via phone calls with return instruction to ensure retention of information.
  • Prevent staff who do not complete phone training/return instruction from returning to work their shift until retrained on falls and call lights.
  • Have Administrator/DON review staffing roster to ensure compliance and use staffing agencies/sister facility aides if non-compliance is discovered.
  • Provide all agency and sister facility direct care staff an educational handout prior to starting their first shift on the floor, directed by the charge nurse.
  • Require agency and sister facility staff to sign a check-in sheet each shift confirming review of educational material.
  • Verify competency through verbal return demonstration of information and staff signature.
  • Review monitoring findings in QAPI.

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 F0726 citations
Failure to Provide Competent CPR Response and Verify Code Status for Full Code Resident
J
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with full code status was found unresponsive without respirations or pulse during the night shift. An RN and an LPN initiated CPR but did not activate EMS, and they discontinued CPR after about 20 minutes. The RN, who lacked documented orientation and competency assessment and had obtained BLS certification through a fully online, non–instructor-led course, pronounced the resident deceased without authority and later stated she believed the resident was on hospice and did not verify code status. The LPN’s BLS certification was expired, and a CNA with an expired BLS certification performed several chest compressions despite facility policy that CNAs were not to perform CPR. The RN had not participated in documented code blue drills, and leadership confirmed that required clinical orientation and skills competencies had not been completed for her, leading surveyors to determine that staff were not adequately trained or competent to respond to a cardiopulmonary arrest for a full code resident, resulting in an Immediate Jeopardy finding.

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 Oversight and Documentation in Restorative Nursing Program
D
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility failed to ensure that the nurse overseeing the Restorative Nursing Program had documented competencies, qualifications, or a defined job description, despite policy assigning responsibility for restorative oversight to specific clinical staff. One resident with severe dementia developed left-hand clenching and pain; the Restorative Nurse documented assessments and the possible use of a palm protector, but there was no further documentation of restorative services, no record that restorative services were in place, and no follow-up provider communication beyond an earlier notification noted by the DON. Another resident with advanced debility, chronic pain, and hand tremors had a care plan for frequent restorative services, but documentation showed repeated refusals due to pain, painful palm protector application, and lack of a consistent pain-management plan before interventions. The Restorative Nurse reported evaluating the resident and notifying the provider to discontinue restorative services, yet no supporting provider notification documentation was available, while she also stated she independently assesses and determines residents’ appropriateness for restorative services without documented restorative-specific competencies.

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.
Uncertified Unit Aides Performing CNA-Level Direct Care
F
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility allowed uncertified Unit Aides (UAs) to perform CNA-level direct care despite job descriptions and the DON’s statements limiting UAs to non–hands-on helper tasks. Multiple alert and oriented residents reported that a UA assisted them with bed baths, incontinence care, transfers (including use of a mechanical lift), showering, and dressing. A CNA confirmed that, when short-staffed, UAs were used as additional CNAs and performed ADL care and transfers, and that another UA on nights escorted residents requiring one-person assist to the restroom. The DON stated that CNAs must be certified or enrolled in an LPN program and that UAs have no formal training requirement and should not provide resident care, while facility job descriptions showed UAs are intended only for cleaning, transport, and simple assistance at meals, and CNAs are responsible for ADLs and direct resident 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.
Failure to Perform and Document Accurate Skin Assessments for Newly Admitted Resident
D
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with aphasia and chronic kidney disease was admitted with documented redness on the right thigh and a physician order for weekly skin assessments. The admission evaluation instructed staff to complete a thorough head-to-toe skin assessment, but the next-day skilled documentation by an LVN indicated the resident had no skin conditions. Later that day, a hospital documented redness and bruising to the hip, back, and leg, and the DON reported to a hospital physician that bruising had been present on admission but had enlarged. Facility CNAs and an LVN gave inconsistent accounts of seeing or not seeing bruising, with one LVN stating she used only bathroom light and that night nurses did not typically perform full skin assessments. The DON and ADON acknowledged that admitting nurses were responsible for initial skin assessments, that staff generally did not measure skin conditions, and that a recent EMR change contributed to incomplete documentation. These actions and omissions resulted in incomplete and inaccurate skin assessment and documentation, contrary to the facility’s Skin Management policy and the physician’s orders.

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 Assess, Monitor, and Notify Provider for Resident With Profuse Bleeding and Critical Lab Value
J
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

A resident with a history of circulatory surgery, an aortocoronary bypass graft, and on anticoagulant therapy experienced an acute onset of profuse rectal bleeding and shortness of breath during a night shift. An ACMA was functioning as charge on one hall while an LPN covered the other hall; the ACMA reported the resident’s bleeding and distress, and the LPN came once to the room but did not provide ongoing assessment or monitoring, later stating they were behind on work and relying on the ACMA to monitor. EMS later found the room with evidence of a significant hemorrhagic event and the resident unconscious on the toilet. Progress notes lacked documentation of significant change in condition, assessments, or interventions for the bleeding and respiratory distress, and the facility failed to notify the medical provider of a critical Hgb of 6.3 or of the acute bleeding. The facility also could not produce annual competency records for the LPN or ACMA, and the resident’s family was not notified of the change in condition or death until later.

Fine: $99,585
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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.
Failure to Maintain Nursing Staff Competency, CPR Certification, and Appropriate Emergency Response
E
F0726 F726: Ensure that nurses and nurse aides have the appropriate competencies to care for every resident in a way that maximizes each resident's well being.
Short Summary

The facility failed to ensure nursing staff maintained required competencies and responded appropriately during an emergency. Review of personnel files showed that nearly half of the CNAs lacked current CPR certification, despite job descriptions requiring CPR training and maintenance, and the DSD confirmed that CPR renewals and mock codes were not being maintained or documented. CNA competency evaluations had not been completed annually since 2024, and licensed nurse skill evaluations for an RN and several LVNs were incomplete, missing dates and signatures. One RN’s IV therapy competency was evaluated by an LVN, even though the DON stated IV therapy was outside the LVN scope, while the DON’s job description assigned her responsibility for annual competency training. In a resident emergency involving low oxygen saturation, an RN did not assess the resident, did not obtain full VS, left the bedside to call 911, and did not return or document assessments, while an LVN left the resident alone multiple times instead of using a walkie talkie, administered only 2 L/min O2 without reassessment, did not obtain BP, and failed to document pre- and post-oxygen VS, contrary to facility CPR and oxygen administration policies.

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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