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
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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0726 citations
LPNs Assigned Wound Care Without Competency Assessment
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

LPNs Assigned Wound Care Without Competency Assessment: Several LPNs were assigned wound care duties for residents even though the facility had not assessed their competencies or provided wound care training. The LPNs stated they had limited or no wound care education or certifications, and some said they did not feel comfortable performing wound care. Leadership confirmed wound care responsibilities had been shifted to floor nurses and that no competency evaluations or training had been 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.
Nursing Competency and Communication Failures
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

Licensed nursing staff did not have competencies completed on hire, and the facility did not ensure staff had the skills needed to carry out resident care and monitor changes in condition. One resident’s positive urine culture was not reported to the NP for days, and another resident did not receive ordered BID BG checks; abnormal lab results and a recommendation for IV fluids were documented, but no follow-up was found in the record. The facility assessment listed competency areas such as change in condition and BG testing, and the Regional RN confirmed new-hire competencies were not being completed.

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 Mechanical Lift Competency for Direct Care Staff
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 Mechanical Lift Competency for Direct Care Staff: A resident sustained a witnessed fall from a Hoyer lift during a transfer by two staff members and was later noted to have pain in the RUE and bilateral hips, with a head strike also documented. Review of staff files showed one LNA had no documented mechanical lift training or competency, and a Support Aide who sometimes helped with Hoyer transfers reported she had not received facility training on transfers or lift use.

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.
Nursing Staff Failed to Follow Oxycodone Medication Parameters
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

An LVN failed to follow a resident's oxycodone order by administering the medication when documented pain scores were below the ordered parameter. The LVN could not explain medication parameters or what to do when a resident was outside the parameter, and the DON stated that medication parameters are used for resident safety and that not following them can cause complications, medication toxicity, and ineffective treatment.

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 Staff Orientation, Competency, and Performance Documentation
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

Missing Staff Orientation, Competency, and Performance Documentation: The facility failed to ensure required orientation, annual competency skill assessments, and annual performance evaluations were completed for multiple staff members. Record review found an LPN with an expired CPR card, an RN with no CPR card or orientation checklist after rehire, and several CNAs with missing skills checklists, orientation forms, or annual performance reviews; HR staff said records were not kept up and were not filed properly.

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 In-Service CNA on Merry Walker Safety for High-Fall-Risk 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

Failure to In-Service CNA on Merry Walker Safety for High-Fall-Risk Resident: A resident with severely impaired cognition, dementia, multiple prior falls, and a care plan for a helmet, Merry walker, and 1:1 sitter fell while ambulating with the device after abruptly standing and losing balance. CNA 1 stated she had not received in-service training or a report on the resident's risks or the safe use of the walker, and the resident sustained a nasal fracture and forehead laceration requiring transfer to a GACH.

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.
Citation search

Search every citation & Plan of Correction

Go to search
Citation watch

Track new serious citations across Texas

Get a heads-up on the newest immediate-jeopardy (J–L) citations in Texas — where surveyors are focused right now.

Free · about one email a month

Trusted data from CMS and state health departments

Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release August 26, 2026) and official state health department websites — never guesswork.

In your survey window? See what surveyors are citing.

The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.

Get the Survey-Prep Report
An unhandled error has occurred. Reload 🗙

Connection lost — reconnecting… We couldn't reconnect automatically. Please reload the page to continue.