Inspection Reports for Delaware Oaks Center for Rehabilitation and Nursing

1205 Delaware Avenue, Buffalo, NY, 14209

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Deficiencies (last 5 years)

Deficiencies (over 5 years) 15.6 deficiencies/year

Deficiencies are regulatory violations found during state inspections.

206% worse than New York average
New York average: 5.1 deficiencies/year

Deficiencies per year

24 18 12 6 0
2021
2022
2023
2024
2025

Inspection Report

Complaint Investigation
Deficiencies: 2 Date: Nov 24, 2025

Visit Reason
The inspection was conducted as a complaint investigation based on allegations of resident-to-resident sexual abuse involving two residents at the facility.

Complaint Details
The complaint investigation (2598732) found that Resident #51 touched Resident #12 inappropriately without consent. Multiple witnesses including Resident #61 and Certified Nurse Aides reported the incident. The facility's investigation confirmed reasonable cause to believe abuse occurred. The abuse allegation was not reported to the State Agency within the required two-hour timeframe.
Findings
The facility failed to protect residents from resident-to-resident sexual abuse involving Resident #51 and Resident #12, both severely cognitively impaired and unable to consent. Additionally, the facility did not timely report the abuse allegation to the State Agency within the required timeframe.

Deficiencies (2)
Failure to protect residents from all types of abuse including physical, mental, sexual abuse, physical punishment, and neglect.
Failure to timely report suspected abuse to the State Agency within the required timeframe.
Report Facts
Residents reviewed: 3 Residents involved: 2 Complaint Investigation ID: 2598732 Date of abuse incident: Aug 22, 2025 Date of survey completion: Nov 24, 2025

Employees mentioned
NameTitleContext
Certified Nurse Aide #3Certified Nurse AideWitnessed Resident #51 put their hand up Resident #12's bra
Certified Nurse Aide #1Certified Nurse AideWorked evening shift on 08/22/2025 and reported Resident #51 behavior
Registered Nurse #2Unit ManagerReported Resident #12 was attention-seeking with Resident #51 and confirmed interventions
Registered Nurse #5Nurse SupervisorInstructed to intervene after abuse allegation reported
AdministratorReceived abuse report from Resident #61 and initiated investigation
Director of NursingDirector of NursingResponsible for reporting abuse to State Agency but failed to report within required timeframe

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 1 Date: Mar 26, 2025

Visit Reason
One isolated infection prevention & control deficiency with no actual harm but potential for minor harm, corrected by May 15, 2025.

Findings
One isolated infection prevention & control deficiency with no actual harm but potential for minor harm, corrected by May 15, 2025.

Deficiencies (1)
Infection prevention & control

Inspection Report

Complaint Investigation
Deficiencies: 1 Date: Mar 26, 2025

Visit Reason
The inspection was conducted as a complaint investigation (#NY000373627) to assess infection control practices related to enhanced barrier precautions for Resident #1.

Complaint Details
The complaint investigation (#NY000373627) found that staff did not wear gowns as required for enhanced barrier precautions during care of Resident #1. Interviews revealed some staff were unaware or did not notice the precautions, and the Director of Nursing confirmed the requirement for gowns and gloves during direct hands-on care to prevent infection transmission.
Findings
The facility failed to ensure staff compliance with enhanced barrier precautions, specifically the use of gowns during hands-on care activities for Resident #1, who had wounds requiring such precautions. Staff were observed not wearing gowns despite posted signage and care requirements, posing a risk for transmission of infections.

Deficiencies (1)
Failure to provide and implement an infection prevention and control program ensuring staff wore proper personal protective equipment (gowns) during hands-on care for Resident #1 on enhanced barrier precautions.
Report Facts
Residents reviewed for infection control practices: 3 Residents affected: 1 Date of Minimum Data Set: Feb 11, 2025 Date of Comprehensive Care Plan: Feb 7, 2025 Observation date and time: Mar 19, 2025

Employees mentioned
NameTitleContext
Licensed Practical Nurse #1Observed not wearing gown during wound care and interviewed about barrier precautions
Certified Nurse Aide #1Observed not wearing gown during care and interviewed about barrier precautions
Certified Nurse Aide #2Observed not wearing gown during care and interviewed about barrier precautions
Director of NursingDirector of NursingInterviewed confirming enhanced barrier precautions policy and staff requirements
Registered Nurse Infection Control PreventionistRegistered Nurse Infection Control PreventionistInterviewed confirming facility's enhanced barrier precautions policy and staff responsibilities

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 21 Date: Aug 9, 2024

Visit Reason
Multiple isolated and widespread standard health deficiencies including care plan, abuse prevention, mobility, pest control, physical environment, resident allergies, restraints, environment, pressure ulcer treatment; and life safety code deficiencies related to building construction, doors, electrical systems, fire alarm, gas equipment, hazardous areas, illumination, maintenance, sprinkler system, and smoke barriers. All corrected by October 7, 2024.

Findings
Multiple isolated and widespread standard health deficiencies including care plan, abuse prevention, mobility, pest control, physical environment, resident allergies, restraints, environment, pressure ulcer treatment; and life safety code deficiencies related to building construction, doors, electrical systems, fire alarm, gas equipment, hazardous areas, illumination, maintenance, sprinkler system, and smoke barriers. All corrected by October 7, 2024.

Deficiencies (21)
Develop/implement comprehensive care plan
Free from abuse and neglect
Increase/prevent decrease in rom/mobility
Maintains effective pest control program
Physical environment
Resident allergies, preferences, substitutes
Right to be free from physical restraints
Safe/clean/comfortable/homelike environment
Treatment/svcs to prevent/heal pressure ulcer
Building construction type and height
Corridor - doors
Electrical systems - essential electric syste
Ep program patient population
Ep testing requirements
Fire alarm system - testing and maintenance
Gas equipment - cylinder and container storag
Hazardous areas - enclosure
Illumination of means of egress
Maintenance, inspection & testing - doors
Sprinkler system - maintenance and testing
Subdivision of building spaces - smoke barrie

Inspection Report

Complaint Investigation
Deficiencies: 4 Date: Aug 9, 2024

Visit Reason
The inspection was conducted based on multiple complaint investigations regarding housekeeping and maintenance deficiencies, resident abuse, care plan implementation, and dietary accommodations at Delaware Oaks Center for Rehabilitation and Nursing.

Complaint Details
The complaints investigated included issues with housekeeping and maintenance services (Complaint #NY00336247 and #NY00319578), resident abuse (Complaint #NY00330109), care plan implementation (Complaint NY00345819), and dietary accommodations (Complaint #NY00330919). The resident-to-resident abuse was substantiated with incidents involving Resident #72 and Resident #61, including minor injuries and inadequate preventive interventions.
Findings
The facility failed to maintain a safe, clean, and homelike environment due to roof leaks, disrepair of walls, floors, and ceilings, and strong urine odors. Resident-to-resident abuse occurred due to inadequate interventions such as missing stop signs. The facility also failed to implement person-centered care plans fully and did not consistently accommodate resident dietary preferences, serving meat to a vegetarian resident.

Deficiencies (4)
Facility roof was in disrepair and actively leaking resulting in stained and wet ceiling tiles, walls and floors in disrepair, urine odors, soiled privacy curtain, and broken window.
Resident #72 experienced resident-to-resident abuse due to wandering into another resident's room without effective interventions in place.
Resident #61 and #63 did not have stop signs across their doorways as planned in their care plans to deter other residents from entering.
Resident #89 received a meal tray with meat products despite documented vegetarian dietary preferences.
Report Facts
Complaint investigations: 4 Residents reviewed for abuse: 7 Residents reviewed for care plan: 9 Meal tickets reviewed: 5

Employees mentioned
NameTitleContext
Director of MaintenanceInterviewed regarding roof leaks, maintenance issues, and repairs
Housekeeping Aide #1Interviewed regarding housekeeping responsibilities
Resident #47Interviewed about ceiling leaks and water buckets
Resident #76's representativeInterviewed about urine and feces odors in hallways
Resident #51Interviewed about urine odors in hallways
AdministratorInterviewed about housekeeping expectations and roof repair approvals
Regional Clinical DirectorCompleted Event Summary Resident report on resident-to-resident altercation
Certified Nurse Aide #9Interviewed about resident wandering and stop sign interventions
Certified Nurse Aide #10Interviewed about resident injury and abuse incidents
Licensed Practical Nurse #8Interviewed about stop sign monitoring and resident redirection
Registered Nurse Unit Manager #2Interviewed about resident wandering and stop sign effectiveness
Director of Social WorkInterviewed about resident-to-resident incidents and abuse determination
Director of NursingInterviewed about abuse incident and stop sign use
Certified Nursing Assistant #3Interviewed about stop sign awareness for Resident #63
Licensed Practical Nurse #6Interviewed about stop sign implementation for Resident #63
Certified Nursing Assistant #6Interviewed about stop sign presence for Resident #63
Registered Nurse Supervisor #1Interviewed about stop sign placement and documentation for Resident #63
Certified Nurse Aide #9Interviewed about stop sign removal by residents
Dietary DirectorInterviewed about dietary staff responsibilities and meal ticket compliance
Registered DieticianInterviewed about resident dietary preferences and meal tray errors
Certified Nurse Aide #11Interviewed about awareness of resident dietary preferences and meal tray checks
Licensed Practical Nurse #2Interviewed about accommodating resident dietary preferences

Inspection Report

Complaint Investigation
Deficiencies: 8 Date: Aug 9, 2024

Visit Reason
The inspection was conducted as a complaint investigation based on multiple complaints regarding housekeeping, maintenance, resident abuse, restraint use, care plan implementation, pressure ulcer care, range of motion treatment, food accommodations, and pest control issues at the facility.

Complaint Details
The complaint investigations included issues of housekeeping and maintenance deficiencies, resident abuse, restraint misuse, incomplete care plans, wound care neglect, range of motion treatment failures, dietary preference violations, and pest infestations.
Findings
The facility was found deficient in maintaining a safe, clean, and homelike environment with issues including leaking roof and water damage, resident-to-resident abuse incidents without proper interventions, improper use of restraints, incomplete care plans, failure to implement wound care recommendations, inadequate contracture management, failure to accommodate dietary preferences, and ineffective pest control resulting in flies and spiders in resident areas.

Deficiencies (8)
Facility roof was in disrepair and actively leaking resulting in stained and wet ceiling tiles, walls and floors in disrepair, urine odors, soiled privacy curtain, and broken window.
Resident-to-resident abuse occurred with inadequate care plan interventions to prevent wandering and altercations.
Restraint use was not in compliance; seatbelt restraint was not released every two hours as ordered.
Person-centered care plans were not implemented as residents did not have stop signs across doorways as planned.
Pressure ulcer care deficient as Physician Wound Consultant's recommendation for air mattress was not implemented.
Resident with limited range of motion was not provided a device (rolled washcloth) to prevent further contracture.
Resident received food that did not accommodate their documented vegetarian preferences.
Facility did not maintain an effective pest control program; multiple resident areas and kitchen had live flies, spiders, and fruit flies.
Report Facts
Complaint investigations: 4 Residents reviewed for abuse: 7 Residents reviewed for person-centered care plan: 9 Residents reviewed for dietary preference: 1 Residents reviewed for pressure ulcer care: 1 Residents reviewed for range of motion: 1 Exterminator visits per month: 2 Exterminator visits increased to weekly: 1

Employees mentioned
NameTitleContext
Director of MaintenanceProvided information about roof leaks, maintenance issues, and pest control
Resident #47ResidentReported ongoing ceiling leaks and use of bucket to catch water
Resident #76ResidentSubject of restraint misuse finding
Certified Nurse Aide #7Reported restraint release schedule for Resident #76
Director of NursingProvided statements on restraint use, abuse incidents, and wound care
Registered Nurse Unit Manager #2Provided information on restraint use and stop sign monitoring
Certified Nurse Aide #9Reported on stop sign use and resident behaviors
Registered Nurse Supervisor #1Placed stop sign on Resident #63's doorway and updated care plan
Occupational TherapistReported on contracture management and rolled washcloth use for Resident #5
Director of TherapyConfirmed rolled washcloth intervention for Resident #5
Registered DieticianReported on dietary preferences and meal ticket issues for Resident #89
Dietary DirectorDiscussed expectations for dietary staff to follow meal tickets
AdministratorProvided statements on awareness of insect issues and abuse incidents

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 22 Date: Mar 24, 2023

Visit Reason
Multiple standard health deficiencies including food sanitation, abuse prevention, psychotropic medication use, physical environment, reporting violations, resident call system, and life safety code deficiencies including hand rub dispensers, building construction, doors, electrical systems, elevators, fire alarm, gas equipment, hazardous areas, means of egress, portable heaters, sprinkler system. All corrected by May 12, 2023.

Findings
Multiple standard health deficiencies including food sanitation, abuse prevention, psychotropic medication use, physical environment, reporting violations, resident call system, and life safety code deficiencies including hand rub dispensers, building construction, doors, electrical systems, elevators, fire alarm, gas equipment, hazardous areas, means of egress, portable heaters, sprinkler system. All corrected by May 12, 2023.

Deficiencies (22)
Food procurement,store/prepare/serve-sanitary
Free from abuse and neglect
Free from unnec psychotropic meds/prn use
Physical environment
Reporting of alleged violations
Resident call system
Standards of construction for new nh
Alcohol based hand rub dispenser (abhr)
Building construction type and height
Corridor - doors
Doors with self-closing devices
Egress doors
Electrical systems - essential electric syste
Elevators
Ep program patient population
Fire alarm system - testing and maintenance
Gas equipment - cylinder and container storag
Hazardous areas - enclosure
Means of egress - general
Portable space heaters
Roles under a waiver declared by secretary
Sprinkler system - maintenance and testing

Inspection Report

Complaint Investigation
Deficiencies: 2 Date: Mar 24, 2023

Visit Reason
The inspection was conducted as a complaint investigation (Complaint #NY00298668) regarding allegations of sexual abuse involving residents at the facility.

Complaint Details
The complaint investigation involved allegations of sexual abuse between residents #1, 21, 67, and 246. The incidents were substantiated as abuse by facility staff and administration. The facility did not report the abuse to the State Survey Agency within the required 2-hour timeframe.
Findings
The facility failed to ensure residents were free from sexual abuse involving four residents. Specific incidents included Resident #246 engaging in non-consensual sexual contact with Resident #1, and Resident #67 touching Resident #21 inappropriately. The facility also failed to timely report the alleged abuse to the New York State Department of Health within the required 2-hour timeframe.

Deficiencies (2)
Failure to protect residents from sexual abuse, including non-consensual sexual contact between residents.
Failure to timely report suspected abuse to appropriate authorities within 2 hours.
Report Facts
Residents reviewed for abuse: 11 Residents involved in sexual abuse incidents: 4 Time of incident: 430 Time to report: 14

Employees mentioned
NameTitleContext
Certified Nurse Aide #2Certified Nurse AideWitnessed and intervened in the incident involving Resident #246 and Resident #1.
Director of NursingDirector of Nursing (DON)Considered the incident sexual abuse and acknowledged reporting requirements.
Director of Social WorkDirector of Social Work (DSW)Interviewed residents and provided statements regarding capacity and recollection of incidents.
RN Supervisor #2Registered Nurse SupervisorNotified of the incident and documented it as sexual abuse.
Certified Nurse Aide #3Certified Nurse AideWitnessed Resident #67 touching Resident #21 inappropriately.
Licensed Practical Nurse #1Licensed Practical Nurse (LPN)Documented the incident involving Resident #67 and Resident #21.
RN UM #1Registered Nurse Utilization ManagerConsidered the incident abuse due to lack of consent.

Inspection Report

Complaint Investigation
Deficiencies: 5 Date: Mar 24, 2023

Visit Reason
The inspection was conducted as a complaint investigation related to allegations of sexual abuse and other regulatory compliance issues at Delaware Oaks Center for Rehabilitation and Nursing.

Complaint Details
Complaint investigation #NY00298668 focused on allegations of sexual abuse involving residents #1, 21, 67, and 246. The investigation confirmed incidents of non-consensual sexual contact between residents and found failures in abuse prevention and reporting.
Findings
The facility was found to have failed to protect residents from sexual abuse involving multiple residents, failed to timely report alleged abuse to the state authorities, improperly restarted an antipsychotic medication without proper documentation or monitoring, had significant food safety and sanitation violations in the kitchen and nourishment areas, and had a non-functioning resident call bell system on the 2nd floor affecting multiple residents.

Deficiencies (5)
Facility did not ensure residents were free from sexual abuse involving Residents #1, 21, 67, and 246.
Facility failed to timely report alleged sexual abuse to the New York State Department of Health within 2 hours.
Antipsychotic medication was restarted for Resident #70 without behavioral documentation or psychotic features to support its use and lacked monitoring for side effects.
Facility did not store, prepare, distribute, and serve food in accordance with professional standards; including dirty kitchen hoods, soiled floors, outdated and unlabeled food, mold in refrigerators, and lack of thermometers.
Resident call bell system on the 2nd floor was not functioning properly, with call bells in resident rooms, bathrooms, and shower rooms not activating call lights or audible tones.
Report Facts
Residents reviewed for abuse: 11 Residents affected by sexual abuse: 4 Dates of incidents: 2022-07-07 and 2022-07-24 Antipsychotic medication doses administered: 4 Milk sell-by dates: 2022 Number of resident rooms with non-functioning call bells: 23

Employees mentioned
NameTitleContext
CNA #2Certified Nurse AideWitnessed and intervened in sexual abuse incident involving Residents #1 and #246
Director of NursingDONAcknowledged sexual abuse incidents and reporting failures
Director of Social WorkDSWInterviewed regarding residents' recollection and capacity related to abuse incidents
RN Supervisor #2Registered Nurse SupervisorNotified of sexual abuse incident and documented it as abuse
CNA #3Certified Nurse AideWitnessed sexual abuse incident involving Residents #21 and #67
LPN #1Licensed Practical NurseReported sexual abuse incident and involved in medication order for Resident #70
Medical DoctorMDProvided medical oversight and commentary on psychotropic medication use for Resident #70
Consultant PharmacistPharmacistReviewed medication use and monitoring for Resident #70
Food Service DirectorFSDInterviewed regarding food safety and sanitation deficiencies
Maintenance Aide #1Maintenance AideProvided information on nurse call bell system functionality and maintenance
AdministratorFacility AdministratorProvided information on abuse reporting, call bell system issues, and corrective actions

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 4 Date: Jan 3, 2023

Visit Reason
Standard health deficiency for essential equipment safe operating condition and life safety code deficiencies including electrical systems, fire alarm system out of service, and sprinkler system out of service. All corrected by February 17, 2023.

Findings
Standard health deficiency for essential equipment safe operating condition and life safety code deficiencies including electrical systems, fire alarm system out of service, and sprinkler system out of service. All corrected by February 17, 2023.

Deficiencies (4)
Essential equipment, safe operating condition
Electrical systems - essential electric syste
Fire alarm system - out of service
Sprinkler system - out of service

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 1 Date: May 11, 2022

Visit Reason
Isolated quality of care deficiency with actual harm (Level 3), corrected by July 8, 2022.

Findings
Isolated quality of care deficiency with actual harm (Level 3), corrected by July 8, 2022.

Deficiencies (1)
Quality of care

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 1 Date: Apr 12, 2022

Visit Reason
Isolated reporting of alleged violations deficiency (Level 2), corrected by May 1, 2022.

Findings
Isolated reporting of alleged violations deficiency (Level 2), corrected by May 1, 2022.

Deficiencies (1)
Reporting of alleged violations

Inspection Report

Complaint Investigation
Capacity: 60 Deficiencies: 1 Date: Nov 5, 2021

Visit Reason
Isolated infection prevention & control deficiency (Level 2), corrected by December 17, 2021.

Findings
Isolated infection prevention & control deficiency (Level 2), corrected by December 17, 2021.

Deficiencies (1)
Infection prevention & control

Inspection Report

Routine
Deficiencies: 5 Date: Apr 14, 2021

Visit Reason
The inspection was a standard survey conducted to assess compliance with regulatory requirements related to resident dignity, pressure ulcer care, dialysis care, psychotropic medication use, and medication storage and labeling.

Findings
The facility was found deficient in multiple areas including failure to ensure resident dignity and privacy, inadequate pressure ulcer care and documentation, improper dialysis care communication and dressing management, lack of physician documentation for continued use of PRN psychotropic medication beyond 14 days, and unsafe medication storage practices including unlocked medication rooms, expired medications, undated insulin pens, and improperly stored discontinued controlled substances.

Deficiencies (5)
Failure to ensure resident dignity and privacy for Resident #340, including exposure in the dayroom, meals served on a bare mattress on the floor, and lack of call light/bell.
Failure to provide appropriate pressure ulcer care for Resident #17, including lack of weekly assessments and incomplete treatment documentation.
Failure to provide safe, appropriate dialysis care for Resident #62, including failure to remove AVF dressing per physician order and lack of communication with dialysis center.
Failure to ensure psychotropic medications are only used when necessary and PRN orders are limited to 14 days without physician documentation supporting continuation for Resident #22.
Failure to ensure all drugs and biologicals are labeled, stored in locked compartments, and controlled substances are stored in separately locked compartments; including unlocked medication room, expired OTC medications, undated insulin pen, and discontinued controlled drugs stored improperly.
Report Facts
PRN Xanax administrations: 8 Expired OTC medications: 2 Discontinued controlled drug bottles: 38

Employees mentioned
NameTitleContext
LPN #8Licensed Practical NurseStated medication room door should always be locked and was unaware why it was unlocked.
LPN #3Licensed Practical NurseStated AVF dressing should be removed the day after dialysis and would remove it when interviewed.
RN #1Registered NurseObserved pressure ulcer treatments not completed as ordered and not documented appropriately.
Interim DONInterim Director of NursingAcknowledged failure to ensure weekly pressure ulcer measurements and proper care; stated AVF dressing should be removed next shift after dialysis.
Regional Clinical DirectorRegional Clinical DirectorAcknowledged responsibility for ensuring pressure ulcer measurements and medication cart audits; explained discontinued narcotics storage.
Director of Social WorkDirector of Social WorkUnaware PRN Xanax needed re-evaluation or discontinuation within 14 days.
Pharmacy ConsultantPharmacy ConsultantStated PRN antipsychotics should have 14 day stop date or clinical rationale to continue.
Attending PhysicianAttending PhysicianAware PRN antipsychotics must be renewed every 14 days or discontinued; unsure about facility P&P on AVF dressing removal.

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