Inspection Reports for
Delaware Oaks Center for Rehabilitation and Nursing
1205 Delaware Avenue, Buffalo, NY, 14209
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Inspection Report — Nov 24, 2025
State
Date: Nov 24, 2025
Visit Reason
State-compiled facility profile showing 11 inspections from 2022 to 2026 with detailed deficiency and enforcement history.
Complaint Details
The state logged 154 complaints about this facility; 14 led to on-site inspections. The facility received 185.2 complaints per 100 beds versus a statewide rate of 57.4, resulting in 13 citations from complaints.
Findings
Across 11 inspections, 6 had no citations while 5 resulted in 63 total citations, including 24 standard health and 39 Life Safety Code violations. The facility had 154 complaints with 14 on-site inspections and 6 enforcement actions totaling $40,000 in fines.
Citations (63)
Standard Health Citation — quality of care: Dialysis deficiencies noted.
Standard Health Citation — quality of care: Drug Regimen Review irregularities and failure to act.
Standard Health Citation — quality of care: Failure to remain free from abuse and neglect.
Standard Health Citation — quality of care: Failure to notify of changes such as injury or decline.
Standard Health Citation — quality of care: Reporting of alleged violations was deficient.
Standard Health Citation — quality of care: Services provided did not meet professional standards.
Life Safety Code Citation — NFPA requirements: Building construction type and height issues.
Life Safety Code Citation — NFPA requirements: Egress doors noncompliant.
Life Safety Code Citation — NFPA requirements: Elevators noncompliant.
Life Safety Code Citation — NFPA requirements: Gas equipment cylinder and container storage issues.
Life Safety Code Citation — NFPA requirements: HVAC system deficiencies.
Life Safety Code Citation — NFPA requirements: Portable fire extinguishers noncompliant.
Life Safety Code Citation — NFPA requirements: Portable space heaters noncompliant.
Life Safety Code Citation — NFPA requirements: Stairways and smokeproof enclosures issues.
Life Safety Code Citation — NFPA requirements: Subdivision of building spaces smoke barriers deficient.
Standard Health Citation — quality of care: Infection prevention and control deficiencies.
Standard Health Citation — quality of care: Failure to develop and implement comprehensive care plan.
Standard Health Citation — quality of care: Failure to remain free from abuse and neglect.
Standard Health Citation — quality of care: Failure to increase or prevent decrease in range of motion/mobility.
Standard Health Citation — quality of care: Ineffective pest control program.
Standard Health Citation — quality of care: Physical environment issues.
Standard Health Citation — quality of care: Resident allergies, preferences, and substitutes not properly managed.
Standard Health Citation — quality of care: Right to be free from physical restraints violated.
Standard Health Citation — quality of care: Unsafe, unclean, or uncomfortable environment.
Standard Health Citation — quality of care: Treatment/services to prevent or heal pressure ulcers deficient.
Life Safety Code Citation — NFPA requirements: Building construction type and height issues.
Life Safety Code Citation — NFPA requirements: Corridor doors noncompliant.
Life Safety Code Citation — NFPA requirements: Electrical systems essential electric system issues.
Life Safety Code Citation — NFPA requirements: EP program patient population issues.
Life Safety Code Citation — NFPA requirements: EP testing requirements deficient.
Life Safety Code Citation — NFPA requirements: Fire alarm system testing and maintenance deficient.
Life Safety Code Citation — NFPA requirements: Gas equipment cylinder and container storage issues.
Life Safety Code Citation — NFPA requirements: Hazardous areas enclosure deficient.
Life Safety Code Citation — NFPA requirements: Illumination of means of egress deficient.
Life Safety Code Citation — NFPA requirements: Maintenance, inspection, and testing of doors deficient.
Life Safety Code Citation — NFPA requirements: Sprinkler system maintenance and testing deficient.
Life Safety Code Citation — NFPA requirements: Subdivision of building spaces smoke barriers deficient.
Standard Health Citation — quality of care: Food procurement, storage, preparation, and serving unsanitary.
Standard Health Citation — quality of care: Failure to remain free from abuse and neglect.
Standard Health Citation — quality of care: Free from unnecessary psychotropic medications/prn use violated.
Standard Health Citation — quality of care: Physical environment issues.
Standard Health Citation — quality of care: Reporting of alleged violations deficient.
Standard Health Citation — quality of care: Resident call system deficient.
Standard Health Citation — quality of care: Standards of construction for new nursing home deficient.
Life Safety Code Citation — NFPA requirements: Alcohol based hand rub dispenser issues.
Life Safety Code Citation — NFPA requirements: Building construction type and height issues.
Life Safety Code Citation — NFPA requirements: Corridor doors noncompliant.
Life Safety Code Citation — NFPA requirements: Doors with self-closing devices deficient.
Life Safety Code Citation — NFPA requirements: Egress doors noncompliant.
Life Safety Code Citation — NFPA requirements: Electrical systems essential electric system issues.
Life Safety Code Citation — NFPA requirements: Elevators noncompliant.
Life Safety Code Citation — NFPA requirements: EP program patient population issues.
Life Safety Code Citation — NFPA requirements: Fire alarm system testing and maintenance deficient.
Life Safety Code Citation — NFPA requirements: Gas equipment cylinder and container storage issues.
Life Safety Code Citation — NFPA requirements: Hazardous areas enclosure deficient.
Life Safety Code Citation — NFPA requirements: Means of egress general deficiencies.
Life Safety Code Citation — NFPA requirements: Portable space heaters noncompliant.
Life Safety Code Citation — NFPA requirements: Roles under a waiver declared by Secretary deficient.
Life Safety Code Citation — NFPA requirements: Sprinkler system maintenance and testing deficient.
Standard Health Citation — quality of care: Essential equipment not in safe operating condition.
Life Safety Code Citation — NFPA requirements: Electrical systems essential electric system issues.
Life Safety Code Citation — NFPA requirements: Fire alarm system out of service.
Life Safety Code Citation — NFPA requirements: Sprinkler system out of service.
Report Facts
Inspections on page: 11
Total citations: 63
Inspections with no citations: 6
Inspections with citations: 5
Total complaints: 154
On-site complaint inspections: 14
Citations from complaints: 13
Enforcement actions: 6
Total fines: 40000
Inspection Report — Nov 24, 2025
Complaint Investigation CMS
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.
Citations (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
| Name | Title | Context |
|---|---|---|
| Certified Nurse Aide #3 | Certified Nurse Aide | Witnessed Resident #51 put their hand up Resident #12's bra |
| Certified Nurse Aide #1 | Certified Nurse Aide | Worked evening shift on 08/22/2025 and reported Resident #51 behavior |
| Registered Nurse #2 | Unit Manager | Reported Resident #12 was attention-seeking with Resident #51 and confirmed interventions |
| Registered Nurse #5 | Nurse Supervisor | Instructed to intervene after abuse allegation reported |
| Administrator | Received abuse report from Resident #61 and initiated investigation | |
| Director of Nursing | Director of Nursing | Responsible for reporting abuse to State Agency but failed to report within required timeframe |
Inspection Report — Mar 26, 2025
Complaint Investigation CMS
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.
Citations (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
| Name | Title | Context |
|---|---|---|
| Licensed Practical Nurse #1 | Observed not wearing gown during wound care and interviewed about barrier precautions | |
| Certified Nurse Aide #1 | Observed not wearing gown during care and interviewed about barrier precautions | |
| Certified Nurse Aide #2 | Observed not wearing gown during care and interviewed about barrier precautions | |
| Director of Nursing | Director of Nursing | Interviewed confirming enhanced barrier precautions policy and staff requirements |
| Registered Nurse Infection Control Preventionist | Registered Nurse Infection Control Preventionist | Interviewed confirming facility's enhanced barrier precautions policy and staff responsibilities |
Inspection Report — Aug 9, 2024
Complaint Investigation CMS
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.
Citations (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
| Name | Title | Context |
|---|---|---|
| Director of Maintenance | Provided information about roof leaks, maintenance issues, and pest control | |
| Resident #47 | Resident | Reported ongoing ceiling leaks and use of bucket to catch water |
| Resident #76 | Resident | Subject of restraint misuse finding |
| Certified Nurse Aide #7 | Reported restraint release schedule for Resident #76 | |
| Director of Nursing | Provided statements on restraint use, abuse incidents, and wound care | |
| Registered Nurse Unit Manager #2 | Provided information on restraint use and stop sign monitoring | |
| Certified Nurse Aide #9 | Reported on stop sign use and resident behaviors | |
| Registered Nurse Supervisor #1 | Placed stop sign on Resident #63's doorway and updated care plan | |
| Occupational Therapist | Reported on contracture management and rolled washcloth use for Resident #5 | |
| Director of Therapy | Confirmed rolled washcloth intervention for Resident #5 | |
| Registered Dietician | Reported on dietary preferences and meal ticket issues for Resident #89 | |
| Dietary Director | Discussed expectations for dietary staff to follow meal tickets | |
| Administrator | Provided statements on awareness of insect issues and abuse incidents |
Inspection Report — Mar 24, 2023
Complaint Investigation CMS
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.
Citations (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
| Name | Title | Context |
|---|---|---|
| CNA #2 | Certified Nurse Aide | Witnessed and intervened in sexual abuse incident involving Residents #1 and #246 |
| Director of Nursing | DON | Acknowledged sexual abuse incidents and reporting failures |
| Director of Social Work | DSW | Interviewed regarding residents' recollection and capacity related to abuse incidents |
| RN Supervisor #2 | Registered Nurse Supervisor | Notified of sexual abuse incident and documented it as abuse |
| CNA #3 | Certified Nurse Aide | Witnessed sexual abuse incident involving Residents #21 and #67 |
| LPN #1 | Licensed Practical Nurse | Reported sexual abuse incident and involved in medication order for Resident #70 |
| Medical Doctor | MD | Provided medical oversight and commentary on psychotropic medication use for Resident #70 |
| Consultant Pharmacist | Pharmacist | Reviewed medication use and monitoring for Resident #70 |
| Food Service Director | FSD | Interviewed regarding food safety and sanitation deficiencies |
| Maintenance Aide #1 | Maintenance Aide | Provided information on nurse call bell system functionality and maintenance |
| Administrator | Facility Administrator | Provided information on abuse reporting, call bell system issues, and corrective actions |
Inspection Report — Apr 14, 2021
Routine CMS
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.
Citations (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
| Name | Title | Context |
|---|---|---|
| LPN #8 | Licensed Practical Nurse | Stated medication room door should always be locked and was unaware why it was unlocked. |
| LPN #3 | Licensed Practical Nurse | Stated AVF dressing should be removed the day after dialysis and would remove it when interviewed. |
| RN #1 | Registered Nurse | Observed pressure ulcer treatments not completed as ordered and not documented appropriately. |
| Interim DON | Interim Director of Nursing | Acknowledged failure to ensure weekly pressure ulcer measurements and proper care; stated AVF dressing should be removed next shift after dialysis. |
| Regional Clinical Director | Regional Clinical Director | Acknowledged responsibility for ensuring pressure ulcer measurements and medication cart audits; explained discontinued narcotics storage. |
| Director of Social Work | Director of Social Work | Unaware PRN Xanax needed re-evaluation or discontinuation within 14 days. |
| Pharmacy Consultant | Pharmacy Consultant | Stated PRN antipsychotics should have 14 day stop date or clinical rationale to continue. |
| Attending Physician | Attending Physician | Aware PRN antipsychotics must be renewed every 14 days or discontinued; unsure about facility P&P on AVF dressing removal. |
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