Nursing home in Amherst, Erie County
Elderwood at Amherst
4459 Bailey Avenue, Amherst, NY 14226 · (716) 835-2543
Medicare abuse alert: cited for abuse
1 federal penalty on record · $25,262 in fines
1 immediate jeopardy citation
Located in Amherst, Erie County, Elderwood at Amherst is a for-profit nursing home with 92 certified beds. It is one of 33 certified nursing homes in Erie County. Medicare rates it 2 out of 5 stars overall (2 for health inspections, 3 for staffing and 4 for quality measures). That overall rating is below the Erie County average of 3.0 stars. Medicare currently displays an abuse alert for the facility, meaning it was cited for abuse in a recent inspection. Inspectors issued 12 health citations across 5 inspections in the current federal reporting period, including 1 at the immediate jeopardy level. Federal regulators have imposed 1 fine totaling $25,262 in the past three years. Residents receive about 3.8 hours of total nursing care per day on average, and nursing staff turnover is 57%.
Medicare star ratings
Overall Medicare rating
2 / 5
Medicare's summary rating combining inspections, staffing and quality measures.
Health inspection rating
2 / 5
Based on findings from state health inspections and complaint investigations.
Staffing rating
3 / 5
Based on reported nurse and aide staffing hours per resident.
Quality measures rating
4 / 5
Based on resident outcomes such as falls, pressure ulcers and hospitalizations.
Staffing
- Total nurse hours per resident per day
- 3.80
- RN hours per resident per day
- 0.72
- Nursing staff turnover
- 57.4%
- RN turnover
- 53.8%
Staffing hours are self-reported payroll data published by CMS. Ask the facility about current staffing, including weekends.
Facility facts
- Address
- 4459 Bailey Avenue, Amherst, NY 14226
- County
- Erie
- Phone
- (716) 835-2543
- Certified beds
- 92
- Average residents per day
- 81
- Ownership type
- For profit - Limited Liability company
- Legal business name
- 4459 Bailey Avenue Operating Company LLC
- Chain affiliation
- Elderwood (17 facilities)
- In Medicare/Medicaid since
- 1967
- CMS Certification Number (CCN)
- 335056
- Most recent standard inspection
- April 18, 2025
Location and getting there
Elderwood at Amherst is located at 4459 Bailey Avenue in Amherst, Erie County, in Western New York (ZIP 14226). The nearest hospital is Kenmore Mercy Hospital, about 3.3 miles away. Distances are straight-line estimates; confirm travel routes before visiting.
Open in Google MapsInspection record
- Inspections on record
- 5
- Total health citations
- 12
- Serious citations (harm or immediate jeopardy)
- 1
- Immediate jeopardy citations
- 1
Serious citations
Citations where inspectors found actual harm to a resident or immediate jeopardy to resident health or safety; most recent December 15, 2023.
| Date | Federal tag | What inspectors cited | Severity | Complaint? |
|---|---|---|---|---|
| December 15, 2023 | F0678 | Provide basic life support, including CPR, prior to the arrival of emergency medical personnel , subject to physician orders and the resident’s advance directives | Immediate jeopardy (isolated) | No |
Inspection history
| Inspection date | Type | Citations | Most serious finding | Official report |
|---|---|---|---|---|
| December 4, 2025 | Complaint investigation | 1 | Potential for harm (isolated) | View CMS report |
| April 18, 2025 | Standard health inspection | 3 | Potential for harm (isolated) | View CMS report |
| January 16, 2025 | Complaint investigation | 1 | Potential for harm (isolated) | View CMS report |
| December 15, 2023 | Standard health inspection | 3 | Immediate jeopardy (isolated) | View CMS report |
| May 3, 2022 | Standard health inspection | 4 | Potential for harm (pattern) | View CMS report |
Federal penalties
- Federal penalties
- 1
- Fines
- 1
- Total fines
- $25,262
- Payment denials
- 0
- Most recent penalty
- December 15, 2023
| Date | Penalty | Amount / Duration |
|---|---|---|
| December 15, 2023 | Civil money penalty | $25,262 |
Penalty data last updated August 1, 2026.
Complaints to the New York State Department of Health
- Complaints received
- 93
- Complaints per 100 beds
- 112.1
- Statewide average per 100 beds
- 57.1
- On-site complaint inspections
- 19
NYS DOH complaint data through July 31, 2026.
Owners and managers reported to CMS
| Name | Role reported to CMS |
|---|---|
| Warren Cole | Direct owner (5% or greater) — 50% (since 10/14/2011) |
| Jeffrey Rubin | Direct owner (5% or greater) — 50% (since 10/14/2011) |
| Ann Harris | Managing employee (since 06/07/2021) |
| Warren Cole | Operational/managerial control (since 10/14/2011) |
| Jeffrey Rubin | Operational/managerial control (since 10/14/2011) |
Official reports and records
These links open official and independent records for CCN 335056. Read several inspections, not only the most recent, to see whether problems repeat.