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

Inspection fine: $137,108
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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
Lack of Current Gait Belt Competency for RNA
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

Lack of Current Gait Belt Competency for RNA: The facility failed to ensure an RNA/CNA with restorative training had current gait belt training and competency for resident transfers and ambulation. The IPN found no current gait belt competency in the employee file, with the last documented training on file being from 2021. The DON stated the facility’s Professional Standards policy required staff to be trained before using equipment, annually, or as needed, and the ADM stated the facility assessment identified the DSD/designee as responsible for staff training and yearly 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.
Missing CNA Competency Documentation
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 failed to maintain documented CNA competency checklists for multiple CNAs. Personnel files for four CNAs lacked evidence of completed skills and techniques competency, and HR confirmed the checklists were not completed. The DON stated there had been a period of about a month when CNA competency checklists were not maintained, despite the facility orientation policy requiring staff to demonstrate competency in all skills needed for their role.

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 Reconcile Readmission Med Orders and Respond to EMR Interaction Alerts
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 heart and vascular disease was readmitted with orders to stop Clopidogrel and ASA and start Apixaban, but the RN entered the new orders without removing the discontinued meds. The EMR generated interaction alerts for Apixaban with ASA and Clopidogrel, but the RN did not recognize or address them, and the night RN supervisor did not complete the required secondary review of readmission orders. The resident continued receiving Clopidogrel and ASA for several doses, and the MD identified the error as significant.

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.
Inadequate CNA Competency During Meal Assistance
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 CNA was observed standing over a resident while assisting with breakfast instead of sitting at eye level. The CNA described meal-assistance practices, while the RNS and DON stated that staff are expected to sit at eye level with the resident for dignity and respect. The facility's policy required nursing staff to meet competency requirements and provide residents with a dignified dining experience.

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 Recognize and Report Significant Change in Condition; Incomplete Nurse Competency Validation
G
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 significant cardiac history had a documented HR of 131 and low BP, but an LPN did not notify a provider or document a repeat assessment for hours. The resident later developed SOB, chest pain, and low O2 sat, was sent to the hospital, and died there the same evening. The report also found an RN competency assessment with multiple below-standard scores that lacked required reassessment and completion documentation.

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.
LPN Lacked PICC Line IV Competency
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

LPN lacked documented competency for PICC IV medication administration and gave an IV antibiotic through a PICC without checking for blood return before starting the infusion. The resident had an order for Meropenem IV, and the DON confirmed no competency or skills test had been completed for the LPN, despite facility policy requiring IV education and competency before providing IV services.

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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