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Elderwood at Amherst

4459 Bailey Avenue, Amherst, NY 14226 · Erie County · (716) 835-2543

92 certified beds, about 81 residents a day · For profit - Limited Liability company · Medicare and Medicaid since 1967

CMS abuse icon: cited for abuse in a recent inspection Certified for Medicaid Certified for Medicare
Overall
2 of 5
Health inspections
2 of 5
Staffing
3 of 5
Quality measures
4 of 5

CMS Care Compare ratings, data as of September 1, 2026 · CCN 335056 · See it on Medicare.gov · Compare with other homes

The record in brief

At its most recent standard inspection, on April 18, 2025, inspectors cited 3 health deficiencies (the New York average is 8.1, the national average 9.2).

Of 12 health citations since May 2022, 1 was rated as actual harm or immediate jeopardy to residents (1 immediate jeopardy).

CMS lists 1 fine totaling $25,262 in the last three years; the largest was $25,262, and the latest is dated December 15, 2023.

Nurses and nurse aides worked 3.80 hours per resident per day, against 3.63 across New York and 3.86 nationally. Registered nurses accounted for 0.72 of those hours.

57.4% of nursing staff left within the year CMS measured (New York average 40.3%).

CMS links it to Elderwood, an affiliated group of 17 nursing homes.

Health inspections

Federal rules call for a standard inspection at least every 15 months, plus a visit whenever a complaint is filed. Each mark below is one citation, colored by how serious inspectors rated it. How to read a citation.

Under each citation, the quoted text is the inspector's own summary from the federal statement of deficiencies (CMS form 2567), word for word apart from a privacy scrub; CMS removes residents' and staff names before it publishes the text. The full notes are on Medicare.gov.

Potential for minimal harm Potential for more than minimal harm Actual harm Immediate jeopardy Found on a complaint visit

Where its citations fall on CMS's grid

CMS rates every citation by how much harm it caused (rows) and how many residents it touched (columns). The count in each box is this home's, across all 12 health citations on file.

Severity
Isolated
Pattern
Widespread
Immediate jeopardy
1J
0K
0L
Actual harm
0G
0H
0I
Potential for more than minimal harm
9D
2E
0F
Potential for minimal harm
0A
0B
0C
December 4, 2025Complaint inspection · 1 citation
  1. D
    Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment, and neglect by anybody.
    F600 · Freedom from Abuse, Neglect, and Exploitation · No actual harm, potential for more than minimal harm, isolated · found on a complaint visit · Corrected (the home has a date of correction) January 30, 2026
    Inspectors wroteBased on observation, interview, and record review conducted during a Complaint investigation (#2675690) during an Abbreviated survey completed on 12/04/2025, the facility did not ensure the resident's right to be free from physical and mental abuse for two (2) (Residents #1 and #2) of three (3) residents reviewed. Specifically, Certified Nurse Aide #1 attempted to redirect Resident #1, a wandering resident to a seated position. The physical handling during this process was observed as aggressive. Resident #1 lost their balance, fell to the floor, and sustained a small abrasion to their side. A physical struggle occurred after Resident #2 unplugged a power cord; Certified Nurse Aide #2 responded aggressively, moving the resident against a wall to recover the cord. [...]
April 18, 2025Standard inspection · 3 citations
  1. D
    Provide appropriate care for a resident to maintain and/or improve range of motion (ROM), limited ROM and/or mobility, unless a decline is for a medical reason.
    F688 · Quality of Life and Care · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 12, 2025
    Inspectors wroteBased on observation, interview, and record review conducted during a Standard survey completed on 4/18/25, the facility did not ensure each resident with limited range of motion received appropriate treatment and services to increase range of motion and/or to prevent further decrease in range of motion for two (2) (Resident #47 and Resident #52) of three (3) residents reviewed. Specifically, palm guards (shield/protectors/splint) use for contractures (loss of joint mobility) were not provided at all times as planned and recommended by Occupational Therapy. The policy and procedure titled Splint, Brace Care dated 5/23/18 documented the need for splint or brace use is assessed by a Licensed Therapist and recommendations would be issued for the type of device to be worn and the scheduled use. The program would be designated by the therapist and carried out by nursing. [...]
  2. D
    Ensure medication error rates are not 5 percent or greater.
    F759 · Pharmacy Service · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 12, 2025
    Inspectors wroteBased on observation, interview, and record review conducted during the Standard Survey completed on 4/18/2025, the facility did not ensure it was free of a medication error rate of five percent or greater for two (2) (Residents #31 and #44) of three (3) residents observed during medication administration. Specifically, there were two (2) errors for 25 observed medication opportunities resulting in a medication error rate of 8% (percent). Medications were not administered to Resident #31 and #44 in accordance with the physician's order before breakfast.
  3. D
    Ensure drugs and biologicals used in the facility are labeled in accordance with currently accepted professional principles; and all drugs and biologicals must be stored in locked compartments, separately locked, compartments for controlled drugs.
    F761 · Pharmacy Service · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 12, 2025
    Inspectors wroteBased on observation, interview, and record review conducted during the Standard survey completed on 4/18/25, the facility did not ensure that drugs and biologicals used in the facility were labeled in accordance with currently accepted professional principles and include the expiration date when applicable for one (1) (Unit One) of two (2) medication storage rooms, and one (1) (Unit One/Cart 2) of three (3) medication carts observed. Specifically, Unit One's medication room contained multiple unopened, bottles of expired medications and Unit One's medication cart (Cart 2) contained an insulin pen that was not dated when opened. The finding is: The policy and procedure titled Medication Rooms on Nursing Units dated 7/30/24 documented medication rooms on the nursing units of the facility will be the areas where medications for residents are stored. [...]
January 16, 2025Complaint inspection · 1 citation
  1. D
    Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
    F550 · Resident Rights · No actual harm, potential for more than minimal harm, isolated · found on a complaint visit · Corrected (the home has a date of correction) March 12, 2025
    Inspectors wroteBased on observation, interview, and record review conducted during the Abbreviated Survey (Complaint #NY00347516) the facility did not ensure they treated each resident with respect and dignity, and care for each resident in a manner and in an environment that promotes maintenance or enhancement of his or her quality of life, recognizing each resident's individuality for one (Resident #2) of three residents reviewed. Specifically, Resident #2 was treated by Certified Nurse Aide #1 in an undignified manner during care. Resident #2 told Certified Nurse Aide #1 they were hurting their arms by rushing them; Certified Nurse Aide #1 threw their clothes at them and stated, well then put them on yourself. The finding is: [...]
December 15, 2023Standard inspection, Complaint inspection · 3 citations
  1. J
    Provide basic life support, including CPR, prior to the arrival of emergency medical personnel , subject to physician orders and the resident’s advance directives.
    F678 · Quality of Life and Care · Immediate jeopardy to resident health or safety, isolated · Corrected (the home has a date of correction) February 1, 2024
    Inspectors wroteBased on record review and interviews conducted during an Extended Recertification survey started on [DATE] and completed on [DATE], the facility failed to initiate cardiopulmonary resuscitation (CPR) to an unresponsive resident who had a full code status and advance directives in place for one (Resident #79) of three residents reviewed. Specifically, on [DATE] Resident #79 was found unresponsive, without a pulse, respirations, or blood pressure. Facility staff failed to check the resident's code status, failed to initiate emergency response, failed to activate the 911 (emergency medical response) system, and failed to provide cardiopulmonary resuscitation (CPR) for the resident who was a full code. Resident #79 expired on [DATE]. [...]
  2. E
    Develop and implement policies and procedures to prevent abuse, neglect, and theft.
    F607 · Freedom from Abuse, Neglect, and Exploitation · No actual harm, potential for more than minimal harm, pattern · Corrected (the home has a date of correction) February 1, 2024
    Inspectors wroteBased on interview and record review during the Extended survey completed on 12/15/23, the facility did not implement written policies and procedures for screening employees that would prohibit and prevent abuse, neglect, and exploitation of residents and misappropriation of resident property. Specifically, the facility did not provide documentation that verified four (two Certified Nurse Aides, one Housekeeping Aide, and one Dining Service Associate) of six employees reviewed that worked in the facility and were subject to the New York State Nurse Aide Registry had been screened through the New York State Nurse Aide Registry prior to their first date worked at the facility.
  3. D
    Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment, and neglect by anybody.
    F600 · Freedom from Abuse, Neglect, and Exploitation · No actual harm, potential for more than minimal harm, isolated · found on a complaint visit · Corrected (the home has a date of correction) February 1, 2024
    Inspectors wroteBased on observation, interview, and record review conducted during a Complaint investigation (Complaint #NY00301447) during an Extended Recertification survey completed on 12/15/23, the facility did not ensure the resident's right to be free from abuse for two (Residents #20 and 52) of five residents reviewed. Specifically, on 8/29/22 at 8:40 PM, Resident #52 wandered into Resident #20's room without staff knowledge and were found lying in Resident #20's bed, naked, and engaged in sexual intercourse. The finding is: [...]
May 3, 2022Standard inspection · 4 citations
  1. E
    Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.
    F550 · Resident Rights · No actual harm, potential for more than minimal harm, pattern · Corrected (the home has a date of correction) June 27, 2022
    Inspectors wroteBased on observation, interview and record review during the Standard survey conducted from 4/27/22 through 5/3/22, the facility did not promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality. Three (Units 1, 2, and 3) of three resident units reviewed for dignity with dining had an issue involving meals served on disposable plates. This involved Resident #s 9, 17, 48 and 72. The finding is: The facility policy and procedure titled Dignity dated 8/1/19 documented each resident has the right to be treated with dignity and respect. Examples of treating residents with dignity and respect include but are not limited to: promoting resident independence and dignity while dining, such as avoiding daily use of disposable cutlery and dishware. 1. [...]
  2. D
    Give residents notice of Medicaid/Medicare coverage and potential liability for services not covered.
    F582 · Resident Rights · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 27, 2022
    Inspectors wroteBased on interview and record review during the Standard survey conducted from 4/27/22 through 5/3/22, the facility did not provide the appropriate liability and appeal notices to Medicare beneficiaries. Specifically, for one (Resident #125) of three residents reviewed for beneficiary protection notification, the facility did not provide the resident or responsible party (RP) with a Skilled Nursing Facility Advance Beneficiary Notice (SNF ABN- a letter given to residents who are terminated from Medicare coverage and remain in the facility) at the termination of Medicare Part A benefits. The finding is: [...]
  3. D
    Provide care and assistance to perform activities of daily living for any resident who is unable.
    F677 · Quality of Life and Care · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 27, 2022
    Inspectors wroteBased on observation, interview and record review during a Standard survey conducted from 4/27/22 through 5/3/22 the facility did not ensure that each resident who was unable to carry out activities of daily living (ADL) receives the necessary services to maintain grooming and personal hygiene for one (Resident #50) of four residents reviewed for ADL's. Specifically, Resident #50 had long jagged and dirty fingernails on both hands and thick coarse chin hair. The finding is: Review of the facility policy and procedure (P&P) titled ADL Assistance and Supervision dated 1/8/2018 documented the Unit Manager/designee will ensure that a plan of care for receiving ADL assistance and/or supervision is incorporated into the daily nursing care of each resident. [...]
  4. D
    Provide appropriate treatment and care according to orders, resident’s preferences and goals.
    F684 · Quality of Life and Care · No actual harm, potential for more than minimal harm, isolated · Corrected (the home has a date of correction) June 27, 2022
    Inspectors wroteBased on observation, interview, and record review conducted during the Standard survey completed from 4/27/22 through 5/3/22, the facility did not ensure that residents received treatment and care in accordance with professional standards of practice and the comprehensive person-centered care plan for one (Resident #121) of one resident reviewed for quality of care related to venous access devices. Specifically, there was no documented evidence of monitoring or care of the resident's accessed Mediport (needle inserted into the central venous access device). The finding is: The facility policy and procedure titled, Huber Needle Termination dated 8/26/19, documented needles being used for continuous intravenous (IV) therapy will be changed on a weekly basis unless otherwise specified in the attending physician's orders. [...]

Fire safety inspections

13 fire safety citations on file: 5 on April 18, 2025, 7 on December 15, 2023, 1 on May 3, 2022.

Every fire safety citation13 citations
  1. E
    Ensure that special areas are constructed so that walls can resist fire for one hour or have an approved fire extinguishing system.
    K 321 · April 18, 2025 · Corrected (the home has a date of correction)
  2. E
    Inspect, test, and maintain automatic sprinkler systems.
    K 353 · April 18, 2025 · Corrected (the home has a date of correction)
  3. E
    Provide a written emergency evacuation plan.
    K 711 · April 18, 2025 · Corrected (the home has a date of correction)
  4. E
    Have simulated fire drills held at unexpected times.
    K 712 · April 18, 2025 · Corrected (the home has a date of correction)
  5. E
    Have proper medical gas storage and administration areas.
    K 923 · April 18, 2025 · Corrected (the home has a date of correction)
  6. E
    Have approved installation, maintenance and testing program for fire alarm systems.
    K 345 · December 15, 2023 · Corrected (the home has a date of correction)
  7. E
    Inspect, test, and maintain automatic sprinkler systems.
    K 353 · December 15, 2023 · Corrected (the home has a date of correction)
  8. E
    Have elevators that firefighters can control in the event of a fire.
    K 531 · December 15, 2023 · Corrected (the home has a date of correction)
  9. E
    Provide a written emergency evacuation plan.
    K 711 · December 15, 2023 · Corrected (the home has a date of correction)
  10. E
    To conduct inspection, testing and maintenance of fire doors by qualified individuals.
    K 761 · December 15, 2023 · Corrected (the home has a date of correction)
  11. E
    Have generator or other power source capable of supplying service within 10 seconds.
    K 918 · December 15, 2023 · Corrected (the home has a date of correction)
  12. E
    Ensure that testing and maintenance of electrical equipment is performed.
    K 921 · December 15, 2023 · Corrected (the home has a date of correction)
  13. D
    Have restrictions on the use of portable space heaters.
    K 781 · May 3, 2022 · Corrected (the home has a date of correction)

Fines and payment denials

DatePenaltyAmount or length
December 15, 2023Fine $25,262

A payment denial means Medicare and Medicaid stopped paying for new admissions for that period.

Staffing

Hours of care per resident per day, from the payroll records every home sends CMS. Higher means more staff time with each resident.

MeasureThis homeNew YorkUnited States
All nursing staff (RN, LPN and aides)3.803.633.86
Registered nurses0.720.710.69
All nursing staff on weekends3.243.183.42
Nurse aides2.22
Licensed practical nurses0.86
Nursing staff turnover (share who left in a year)57.4%40.3%45.8%
Registered nurse turnover53.8%39.8%42.9%
Administrators who left3

CMS expects 3.57 hours a day for residents as sick as this home's (its case-mix figure). The staffing star compares the two.

Staffing by quarter, from daily payroll records

Every nursing home sends CMS its staff hours for each day (the Payroll Based Journal). Here they are added up by quarter. The latest quarter is the one behind the figures above. In January to March 2026, nursing staff hours per resident were 4.03 on weekdays and 3.24 on weekends, 20% lower on weekends (nationally, weekends ran 15% lower). Contract or agency staff worked 0.0% of nursing hours, against 5.3% nationally. Total nursing hours per resident went from 3.89 in April to June 2025 to 3.80 in January to March 2026.

QuarterAll nursing staffRegistered nursesWeekdaysWeekendsContract staff shareDays with no RN hoursResidents a day
Jan to Mar 20263.800.724.033.24 0.0%0 of 9081
Oct to Dec 20254.030.694.223.54 0.0%0 of 9284
Jul to Sep 20253.970.514.173.46 0.0%0 of 9286
Apr to Jun 20253.890.534.083.42 0.0%0 of 9187
United States, Jan to Mar 20263.750.623.923.335.3%0.5% of days
New York, Jan to Mar 20263.550.683.723.139.8%0.1% of days

Hours per resident per day: staff hours in the quarter divided by resident days (the daily census CMS derives from resident assessments). Registered nurses include the director of nursing and RNs with administrative duties; aides include nurse aides in training and medication aides, as in CMS's own staffing measure. How these are calculated.

Quality measures

The measures CMS uses for the quality star. Lower is better for every one of them.

MeasureThis homeNew YorkUS
Percentage of long-stay residents whose need for help with daily activities has increased
Long Stay residents, 2025Q2-2026Q1
23.314.113.9
Percentage of long-stay residents with a catheter inserted and left in their bladder
Long Stay residents, 2025Q2-2026Q1
0.60.50.8
Percentage of long-stay residents with a urinary tract infection
Long Stay residents, 2025Q2-2026Q1
0.81.31.6
Percentage of long-stay residents experiencing one or more falls with major injury
Long Stay residents, 2025Q2-2026Q1
5.63.13.2
Percentage of short-stay residents who newly received an antipsychotic medication
Short Stay residents, 2025Q2-2026Q1
0.51.21.6
Percentage of long-stay residents whose ability to walk independently worsened
Long Stay residents, 2025Q2-2026Q1
14.312.514.1
Percentage of long-stay residents with pressure ulcers
Long Stay residents, 2025Q2-2026Q1
11.76.54.6
Percentage of long-stay residents who received an antipsychotic medication
Long Stay residents, 2025Q2-2026Q1
22.713.715.4
Percentage of short-stay residents who were rehospitalized after a nursing home admission
Short Stay residents, 20250101-20251231
20.020.623.8
Percentage of short-stay residents who had an outpatient emergency department visit
Short Stay residents, 20250101-20251231
5.49.612.0

Owners and operators

Legal business name: 4459 BAILEY AVENUE OPERATING COMPANY LLC. CMS links this home to Elderwood, a group of 17 nursing homes averaging 2.3 stars overall.

NameRoleTypeShareSince
Cole, Warren5% or greater direct ownership interestIndividual50%10/14/2011
Rubin, Jeffrey5% or greater direct ownership interestIndividual50%10/14/2011
Harris, AnnW-2 managing employeeIndividual06/07/2021
Cole, WarrenOperational/managerial controlIndividual10/14/2011
Rubin, JeffreyOperational/managerial controlIndividual10/14/2011

As listed in the CMS ownership file, which names owners with a 5% or greater stake and the people and companies with operational or managerial control.

Questions to ask on a visit

Chosen from this home's own inspection record.

  1. How do you prevent falls and pressure injuries, and how are families told when one happens?Inspectors cited 4 problems in this area, most recently on April 18, 2025: "Provide appropriate care for a resident to maintain and/or improve range of motion (ROM), limited ROM and/or mobility, unless a decline is for a medical reason."
  2. How are allegations of abuse or neglect reported and investigated, and who tells the family?Inspectors cited 3 problems in this area, most recently on December 4, 2025: "Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment, and neglect by anybody."
  3. How do residents and families raise a complaint or grievance, and how fast is it answered?Inspectors cited 3 problems in this area, most recently on January 16, 2025: "Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights."
  4. How are medications reviewed, and how often are antipsychotic or sedating drugs used?Inspectors cited 2 problems in this area, most recently on April 18, 2025: "Ensure medication error rates are not 5 percent or greater."
  5. How long has the current administrator been here?CMS counts 3 administrators who left in the period it measured.

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Common questions

What is Elderwood at Amherst's Medicare star rating?
CMS rates Elderwood at Amherst 2 out of 5 stars overall, with 2 for health inspections, 3 for staffing and 4 for quality measures (CMS data as of September 1, 2026).
How many deficiencies did Elderwood at Amherst get at its last inspection?
3 health deficiencies at the standard inspection on April 18, 2025. The New York average is 8.1.
Has Elderwood at Amherst been fined?
Yes. CMS lists 1 fine totaling $25,262 in the last three years.
Does Elderwood at Amherst accept Medicaid?
It is certified to take Medicaid (CMS lists it as "Medicare and Medicaid"). Certification does not mean a Medicaid bed is open: ask the admissions office.
Who owns Elderwood at Amherst?
CMS lists 5 owners and managers, and links the home to Elderwood. Legal business name: 4459 BAILEY AVENUE OPERATING COMPANY LLC.

Sources

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