F0610 F610: Respond appropriately to all alleged violations.
D

Failure to Thoroughly Investigate Alleged Abuse and Missing Property

Brothers Of Mercy Nursing & Rehabilitation CenterClarence, New York Survey Completed on 06-05-2026

Summary

The facility failed to thoroughly investigate alleged abuse or mistreatment involving two residents. For one resident, who had diagnoses including ovarian cancer, anxiety, and depression and was documented as moderately cognitively impaired, the facility had records showing a cell phone and charger on the personal belongings checklist, but there was no documented evidence in the progress notes of any investigation into the missing phone. Family correspondence showed the family was asking about the stolen phone and when it would be replaced, while facility leadership later stated they could not provide a grievance form or documented investigation, including resident and staff statements. Interviews showed conflicting accounts about the missing phone. The former social worker stated a missing items form had been completed and sent to departments, the facility searched for the phone, and it was never found, but there was no clear documentation of the outcome. The family stated they were told the phone would not be replaced and that there was no locked drawer in the resident’s room. The administrator later stated there was no additional information available regarding the missing phone. For a second resident, who had diagnoses including hypertension, a left hip fracture, and atrial fibrillation and was cognitively intact and independent with decision making, the facility also lacked evidence of a thorough investigation into an allegation that an aide was rough and pushed the resident into a wheelchair. The administrator initially stated there were no abuse allegations or grievances on file, while the unit manager and DON described receiving a family voicemail and speaking with the resident and aide. The aide denied abuse and explained they rushed the transfer because they heard a noise in the hallway, and the resident later minimized the event. However, staff stated they did not document the allegation in the progress notes, could not provide resident or staff statements, and were unsure whether an investigation was completed.

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 F0610 citations
Failure to Investigate Abuse and Verbal Abuse Grievances
E
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

A facility failed to identify and thoroughly investigate multiple grievances alleging verbal abuse, rude and unprofessional comments, and threats of involuntary seclusion by an RN and an LPN toward several residents. The record shows repeated complaints that staff yelled at residents, blocked a resident from entering his room, and used a “time-out” approach, but the facility often interviewed only the directly involved parties, left grievance sections blank, did not document timely reporting to the administrator and SA, and did not remove the staff from direct care pending investigation.

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.
Incomplete investigation of alleged resident property misappropriation
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Incomplete investigation of alleged resident property misappropriation: A resident with intact cognition and diagnoses including bipolar disorder, anxiety, and intellectual disability reported that the cord to a personal refrigerator had been cut. Staff notes reflected conflicting statements about who may have damaged it, but the NHA and DON could not explain how it happened or who was responsible until surveyor inquiry. The facility could not produce documentation of a full investigation, including statements from the resident and Maintenance Director, witness interviews, staff assignment review, a written summary, or investigative findings.

Inspection fine: $16,350
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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.
Failure to investigate resident-on-resident abuse and unexplained perineal injury
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to investigate resident-on-resident abuse and unexplained perineal injury: A cognitively intact resident reported being frightened after another resident repeatedly entered her room, grabbed belongings, and snarled at her, but leadership did not complete a formal abuse investigation. The facility also did not investigate a cognitively intact resident’s unexplained labial/perineal tear after an ER visit, despite the injury being documented as a laceration of the perineum and staff acknowledging the concern was discussed but not reported or investigated.

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 Investigate Alleged Mistreatment During Hair Grooming
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to investigate alleged mistreatment during grooming: A resident with dementia, depression, and severe cognitive impairment was dependent on staff for grooming and hygiene. After a mat of hair was removed, the resident’s scalp was noted to be red and irritated, and staff later reported the resident was in pain after the hair was brushed out. The facility handled the issue as a grievance, but there was no documentation of a thorough abuse/mistreatment investigation, and the administrator later stated it should have been investigated as an abuse allegation.

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 Investigate Allegation of Resident Property Misappropriation
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to Investigate Allegation of Resident Property Misappropriation: A resident with severe major depressive disorder with psychotic symptoms and a cognitive communication deficit had money taken from a bank account, which was reported by the EC to the DON. The DON notified the ADM and police investigated, but the facility did not conduct its own abuse investigation, and the ADM confirmed no written investigation summary was completed or submitted to CDPH.

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 Investigate Reported Falls
D
F0610 F610: Respond appropriately to all alleged violations.
Short Summary

Failure to Investigate Reported Falls: A resident with intact cognition had two reported fall incidents, including an unwitnessed fall and a fall reported after returning from home, but neither incident was entered on the incident log. Staff and the DON stated that self-reported falls should be assessed and investigated to determine reporting needs, root cause, and whether abuse or neglect occurred, but the facility did not investigate the later fall and could not rule out abuse or neglect.

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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