F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
F

Failure to Maintain a Full-Time DON for Required Nursing Leadership Coverage

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

Summary

The deficiency involves the facility’s failure to designate and maintain a full-time (40 hours per week) registered nurse as the Director of Nursing (DON), as required by regulation and the facility’s own policy. Review of DON time clock records from mid-December 2025 through mid-February 2026 showed no evidence of 40 hours of DON coverage for 9 of 11 reviewed weeks. The records reflected only sporadic hours worked by the DON on a few specific days in January and February. At the time of survey entrance on 1/28/2026, the AIT, the owner, and the ADON each stated there was no DON present in the building. The DON later reported that 2/5/2026 was her first day working on the floor in the facility and that she had only completed online training prior to that date. The ADON stated during interview that the facility had not had a DON in the building 40 hours per week since mid-December 2025, that a DON had been hired but had not been in the building full-time, and that RNs working in the facility were not fulfilling DON duties and did not want to serve in the DON role. The ADON further stated that resident care had been affected because there was no Infection Preventionist, no one had conducted antibiotic stewardship, and care plans had not been updated. The AIT confirmed there was no full-time DON and that the newly hired DON had only completed online training and had not started full-time in the facility. The facility’s policy on the Director of Nursing Services, revised August 2006, specified that the DON is employed full-time (40 hours per week) and is responsible for multiple nursing leadership functions, including developing nursing objectives and standards, maintaining policies and procedures, coordinating services, staffing, staff training, participating in MDS and care planning, and ensuring care is provided according to residents’ assessments and care plans.

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 F0727 citations
RN Coverage Not Maintained
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility failed to ensure RN coverage for at least 8 consecutive hours on 3 of 46 days reviewed. Review of the Direct Care Staff Daily Reports showed no required RN coverage on three dates, and the Administrator acknowledged the missing coverage.

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.
No Full-Time RN Director of Nursing
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

No full-time RN DON was designated in the facility. Staff, including an RN, an LPN, the ADON, and the Administrator, stated there was no current DON, and the Regional Nurses were not at the facility full time because they covered multiple facilities. The facility had 55 residents, all requiring skilled nursing 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.
RN Coverage Not Maintained
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility failed to maintain RN coverage for at least 8 consecutive hours a day, 7 days a week. Review of the nursing schedule and staff time punches showed no RN present in the facility, and the Administrator confirmed he could not provide evidence that an RN worked the required 8 hours. The deficiency had the potential to affect all 95 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.
RN Coverage Not Maintained on Scheduled Shifts
E
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

RN Coverage Not Maintained on Scheduled Shifts: The facility failed to ensure an RN was present for 8 consecutive hours each day. Review of schedules and timecards showed LPNs covered the shifts on two dates when no RN was scheduled, and staff interviews confirmed the facility had difficulty hiring nurses and relied on last-minute coverage. The facility reported a census of 49 residents on one date and 50 residents on another, including 3 residents receiving Medicare skilled 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.
RN Coverage Not Provided for Required Daily Hours
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

RN Coverage Not Provided for Required Daily Hours: The facility failed to provide an RN for 8 consecutive hours per day, 7 days per week. The only RN on duty worked only a few hours on two days, and staff confirmed no agency RNs were used that weekend. Staff also stated there was no staffing policy and that the facility followed state regulations for staffing. The facility census documented 121 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.
Missed RN Coverage on Weekend Shifts
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility failed to maintain RN coverage for at least 8 consecutive hours per day, 7 days a week. Record review showed no RN coverage on two weekend days, and the DON stated the usual weekend RN was on vacation and she could not cover those shifts. The Administrator stated the facility had no policy for RN coverage and deferred to HHSC regulations.

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 October 8, 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.