Probe finds abuse at Niagara Falls rehab facility

NIAGARA FALLS – A disability rights advocacy group tasked with monitoring nursing care facilities in New York state has issued a report documenting what it describes as "abuse and neglect" at a rehabilitation center in the city of Niagara Falls. 

Disability Rights New York, a not-for-profit entity designated three years ago by Gov. Andrew Cuomo to oversee federal compliance and advocacy for individuals with disabilities, reported what it called "alarmingly inadequate" treatment at Niagara Rehabilitation and Nursing Center (NRNC) on Cedar Avenue in the city.

As a result of the situation and certain conditions, "many residents needlessly remain in the facility until the end of their lives," the report said.

Elizabeth Grossman, an attorney who serves as a director with DRNY, said the group "often finds serious problems" at care centers in the state, but the findings at the facility in the Falls "were more severe than we typically see." 

Issued Wednesday, the report follows media reports by WKBW News Channel 7 in Buffalo and an investigation by DRNY launched late last year. 

"The number of problems and severity of the problems that we found at this facility were the reason we issued this public report," Grossman said in a telephone interview on Wednesday.

In its report following its probe of Niagara Rehabilitation, DRNY concluded:

• The facility is "unsanitary;"

• Resident individuals are given "no meaningful assistance in discharging from the facility" and are "generally unaware of their rights because NRNC staff actively prevent dissemination of educational materials" and 

• Staff at the facility "fails to educate its residents" and "are themselves uneducated" about "resident rights." 

In addition, the agency found residents do not receive "adequate daily living assistance or medical care by staff" and are "verbally admonished when they attempt to self-assist and are prevented from seeking medical care outside" the Cedar Avenue building.

The report said the review did not unfold without incident. It described NRNC staff as having "interfered" with the investigation "by preventing residents from speaking" with the DRNY representatives.

The agency has already filed a complaint with the state Department of Health and Human Services. According to DRNY, the state DOH found the local facility "failed to maintain the physical, mental and psycho-social well-being of its residents."

In a prepared statement issued to multiple press outlets, Timothy Clune, an attorney who serves as executive director with DRNY, said the agency's work "uncovered serious systemic practices that put residents at risk of physical and emotional harm."

The report goes on to describe a series of educational and policy-based corrective actions necessary for ongoing proper care. 

"NRNC must immediately remedy these issues. We will continue to monitor NRNC," Clune said in his statement. 

Grossman said the agency is authorized by the state to engage a legal complaint if it believes the law was broken. It can also refer its findings within the state's oversight network.

"We may need to take further action and or request others do the same," Grossman said.

Attempts to reach the ownership of NRNC were unsuccessful and a message left with facility's administrator requesting comment from its owners was not returned by press time. 

A copy of DRNY's full report can be found by visiting www.new.drny.org/docs/nrnc-investigation-report.pdf.