F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
F

Carbon Monoxide Detector Testing and Maintenance

Brothers Of Mercy Nursing & Rehabilitation CenterClarence, New York Survey Completed on 01-16-2026

Summary

The facility was found not to be in compliance with Section 915 of the 2020 Fire Code of New York State because carbon monoxide detectors were not being maintained and tested in accordance with applicable requirements. The deficiency affected all four resident-use floors, and the report noted that fuel-burning appliances were located on the first and fourth floors. During the building tour, single-station battery-operated carbon monoxide detectors were observed at several locations on the first and fourth floors, and they were mostly Brand A and Brand B units. The facility’s undated Directive and Procedure titled Testing of Carbon Monoxide Detectors stated that detectors would be manually tested weekly according to manufacturer specifications and kept free of dust and debris. Review of the Weekly Carbon Monoxide Detector Audit showed eight units with entries for seven weeks between 11/18/2025 and 01/06/2026. During interviews, the Maintenance Director stated they had personally performed weekly carbon monoxide detector checks since starting at the facility in November 2025, but could not locate documentation of checks before that time. Maintenance Technician #1 stated they had not personally performed any carbon monoxide detector checks, and Maintenance Technician #2 stated they had tested the carbon monoxide detectors in the Maintenance Shop a few times in Fall 2025 but did not document it. The Administrator stated they expected the carbon monoxide detectors in the building to be tested per manufacturer guidelines.

Penalty

No penalty information released
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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

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See other F0836 citations
Renovation of resident room completed without required state approval
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

A facility converted a former staff break room into a resident room and assigned two residents there without obtaining prior written approval from HCAI and CDPH. The ADM, DON, and Maintenance staff described removing furniture, adding beds and curtains, and making other room changes, while stating they did not know approval was required before the renovation. The room already had a restroom, sink, closets, call light system, sliding doors, electricity, and sprinklers.

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.
Unqualified Social Services Director
F
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

Unqualified Social Services Director: The facility failed to ensure the social services dept was staffed and supervised by a qualified social worker, affecting all 123 residents. The SSD was responsible for admission assessments, discharge planning, and helping residents with dental, optometry, podiatry, and psych appts, but record review showed the SSD did not meet the education requirements in the job descriptions and had only a high school education. HR stated the SSD was hired without the required qualifications, and the ADM stated there were no social workers and no plan to hire one, despite the facility policy and facility assessment identifying a qualified social worker role.

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.
Medication Administration Error Involving Another Resident’s Medications
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

A RN failed to follow safe med administration practices when another resident’s meds were placed on a breakfast tray used to pass trays, and a cognitively impaired resident took them. The meds included antihypertensives, an anticoagulant, antidiabetic meds, an antipsychotic, an antidepressant, an anti-anxiety med, and other routine meds. The resident had dementia and other chronic conditions, was sent to the ER for monitoring, and later returned stable.

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 Protect PHI
B
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

Failure to Protect PHI: The facility failed to maintain an ongoing educational program on confidentiality of patient information after a staff member admitted using the facility computer to access her ex-husband's hospital records for personal reasons. The breach involved PHI including the patient's name, MRN, DOB, phone number, and clinical notes, while the DON stated staff are expected to access only files related to residents the facility is planning to care for.

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.
Unpermitted electrical work, incomplete CHOW licensing, and untimely Administrator notifications
F
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

The facility was cited for failing to obtain a required county electrical permit for Spider Boxes hard wired into electrical panels during HVAC-related work, failing to complete the State CHOW license application, and therefore not completing the CMS CHOW certification process. The report also found untimely SSA notification of multiple Administrator changes, including periods when the listed Administrator was absent, an acting Administrator was covering, and administrator licensing records were not accurate.

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.
Police Not Notified When Missing Resident Was Found
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

The facility failed to notify police when a resident with dementia and severe cognitive impairment was discovered missing from the facility. Staff initiated a search when the resident could not be found and later located the resident about a mile away, but the medical record did not show police notification. The DON confirmed the facility did not call police because the resident was found quickly.

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.
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