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When it comes to nursing homes and skilled nursing facilities, it can be hard to know which one to pick. In Rochester, you might have considered Waterview Heights Rehabilitation and Nursing Center as a place for yourself or a loved one to live. Yet Waterview Heights has a history of violations, which led a group of Rochester residents to rally for the New York State Department of Health to take action recently.
In August 2025, the Department of Health appointed a temporary manager for Waterview Heights after numerous complaints, violations, and enforcement actions. This includes allegations of abuse, neglect, and insufficient staffing. If your loved one suffered an injury or became ill while at Waterview Heights Rehabilitation and Nursing Center, our New York nursing home abuse lawyers will work with you to explore your options and pursue legal action when appropriate.
Based in White Plains, the Law Offices of Thomas L. Gallivan handle all types of nursing home abuse and neglect cases. We have represented clients in the Rochester area in cases involving bedsores, falls, malnutrition and dehydration, physical and sexual abuse, medication errors, and other types of abuse and neglect. Contact our law firm today to schedule a free consultation with a New York nursing home abuse and neglect attorney.
Complaints, Citations, and Enforcement Actions at Waterview Heights Rehabilitation and Nursing Center
Based in Rochester, Waterview Heights Rehabilitation and Nursing Center offers skilled nursing and long-term care to residents and patients in Monroe County. While the facility is attractive, it unfortunately has a serious history of mismanagement, abuse, and neglect allegations. According to the Department of Health, Waterview Heights has a lengthy history of violations of federal and state law and allegations of providing inadequate care.
The Department of Health reports that Waterview Heights Rehabilitation and Nursing Center was the subject of 292 complaints between 2015 and 2025. This works out to 141.5 complaints per 100 occupied beds in the facility. 46% of the complaints were incidents that were reported by the facility.
These complaints resulted in 24 on-site inspections and 49citations. The citation rate is 23.8 per 100 occupied beds.
Between 2021 and 2025, the Department of State issued 5 citations to Waterview Heights based on complaints. These complaints were categorized as follows:
- Administration: 2 citations
- Other Services: 2 citations
- Resident Rights: 1 citation
The Department of Health also issued 113 other citations to Waterview Heights Rehabilitation and Nursing Center between 2021 and 2025. This includes:
- 91 standard health citations
- 22 life safety code citations
18 of these 113 citations were related to actual harm or immediate jeopardy to residents and patients. In the most recent inspection from April 2025, there were citations related to:
- Activities of daily living (ADL) care for dependent residents
- Administration
- Privacy and size of bedrooms
- Urinary tract infections (UTIs) from catheters
- Issues related to dialysis
- Food in a form that meets individual needs
- Food being prepared, stored, and served in a sanitary way
- Abuse and neglect
- Accident hazards
- Infection prevention and control
- Medication errors
- Sufficiency of nursing staff
- Treatment and prevention of pressure ulcers
Because this investigation revealed serious issues, the Center for Medicare and Medicaid Services (CMS) designated Waterview Heights as a “Special Focus Facility.” The Department of Health appointed a temporary manager to oversee the facility. These actions reveal the depth of the problems at Waterview Heights Rehabilitation and Nursing Center.
The Department of Health also filed an enforcement action against Waterview Heights in January 2024. This action included a $10,000 fine for quality of care violations. Its history of violations revealed during inspections includes:
- Failure to honor residents’ rights
- Failure to protect residents from all types of abuse and neglect.
- Failure to provide care and assistance to perform activities of daily living for any resident who is unable to do so themselves
- Failure to provide appropriate pressure ulcer care and prevent new ulcers from developing
- Failure to provide enough nursing staff to meet the needs of every resident and to have a licensed nurse in charge on each shift
- Failure to ensure that residents are free from significant medication errors
- Failure to ensure that drugs and biologicals are labeled and stored properly in accordance with laws and regulations
- Failure to establish a governing body that is legally responsible for establishing and implementing policies for properly operating the facility
- Failure to provide appropriate treatment and care according to orders and residents’ preferences and goals
The Special Focus Facility (SFF) designation is designed to target nursing homes with persistent quality of care issues. These facilities, including Waterview Heights Rehabilitation and Nursing Center, are subject to more frequent inspections and enforcement actions compared to other nursing homes. The goal of the program is to encourage SFFs to improve the quality of care at their facilities so that they can “graduate” and have the designation removed.
Of course, if your loved one is currently residing at Waterview Heights Rehabilitation and Nursing Center, the fact that it is part of a special federal program may not give you much comfort. If you can’t move them to a new facility, you should try to visit them as much as possible. This can help you keep an eye on your family member and address any issues related to abuse or neglect promptly.
You Can File a Lawsuit if Your Family Member Was Injured at Waterview Heights Rehabilitation and Nursing Center
If your family member was abused or neglected as a patient at Waterview Heights Rehabilitation and Nursing Center, you should get them medical care immediately and consider moving them to a new facility (if possible). You should then submit a complaint to the Department of Health, Division of Nursing Home and ICF/IID Surveillance. This state agency is responsible for investigating allegations of abuse, neglect, and other forms of mistreatment in New York nursing homes.
In addition to filing a complaint with the state, you should also schedule a free consultation with a New York nursing home abuse lawyer. The consultation won’t cost you anything, and if you decide to hire the law firm, the case will be handled on a contingency fee basis. That means that you won’t pay a fee unless your attorney recovers money for you through a settlement or verdict at trial.
Nursing homes can be held financially responsible for the harm that they cause through negligent, reckless, or intentional conduct. For example, if the facility hired a staff member without performing a background check and that person physically abused a patient, the nursing home could be liable for any injuries that result.
While money won’t make your loved one whole again or take away the pain, a lawsuit can help you get a measure of justice. It can also provide a financial safety net for an older person during a time when they may need the money for their care. Compensation in a nursing home abuse or neglect case can include money for medical bills, future medical treatment, the costs of moving to a new facility, pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.
Our law firm is adept at getting our clients maximum compensation for their injuries related to nursing home abuse and neglect. Whether your loved one was hurt while at Waterview Heights Rehabilitation and Nursing Center or another facility, we won’t back down from a fight. We will work tirelessly to help you get some measure of justice for the abuse and neglect that your loved one suffered.
Past Westchester County Nursing Home Citations
1. Westchester County Nursing Home Aide Sentenced For Abuse Of Resident
Pierre Obas, a 72 year-old nursing assistant, was sentenced in a North Salem, New York Court for abusing a resident at Waterview Hills Rehabilitation and Nursing Home. Mr. Obas tied an 83 year-old resident to her wheelchair with a bed sheet and took a nap after depositing her in a lounge area. Apparently, Mr. Obas became upset that the resident had requested assistance numerous times throughout the course of the night so he decided to tie her up.
An order from a physician is required for restraints to be used in the nursing home setting, and no such order was in place. However, regardless of whether an order was in place, a sheet is never an appropriate manner in which to restrain a resident because it presents a risk for strangulation and/or falls.
As part of his sentence, Mr. Obas was required to surrender his certification to work as a nurse’s aide for a period of one year.
Website Resources: 83-year-old patient restrained while aide took nap, LoHud.com, Candice Ferrette, August 11, 2009.
2. Waterview Nursing Care Center Cited for Abuse
Waterview Nursing Care Center received 22 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 12, 2019. The facility was also the subject of a 2010 fine of $4,000 in connection to findings it failed to comply with health code provision concerning accidents and administrative practices. The Flushing nursing home’s citations resulted from a total of four inspections by state authorities. The violations they describe include the following:
The nursing home did not employ adequate measures to protect residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right to be free from abuse and neglect. A May 2019 citation found that Waterview Nursing Care Center failed to prevent residents from abuse in an instance in which one resident hit another resident with his wheelchair’s footrest. According to the citation, the resident who was hit “suffered a laceration and bleeding to his head,” and was subsequently transferred to a local hospital for care. The resident received four staples on his head before returning to the facility. A plan of correction undertaken by the facility included the transfer of the aggressor to another unit and his placement on regular visual checks.
The nursing home did not ensure its residents’ drug regimens were free from unnecessary medications. Under Section 483.45 of the Federal Code, nursing homes must maintain “each resident’s drug regimen… free from unnecessary drugs.” According to a November 2016 citation, Waterview Nursing Care Center did not ensure one resident’s drug regimen was free of unnecessary medications. An inspector specifically found that the resident was administered an antipsychotic medication even tough the facility did not have “documented evidence of non- pharmacological interventions being attempted prior to [the medications] administration.” In an interview, the facility’s psychiatrist said that the medication should not have been administered without documented evidence of such.
The nursing home did not employ adequate measures to ensure residents were free from accident hazards. Under Section 483.25 of the Federal Code, nursing homes must provide residents with an environment as free as possible from accident hazards, with adequate supervision to protect residents from accidents. A November 2016 citation found that Waterview Nursing Care Center failed to keep two resident units as free as possible from accident hazards. An inspector specifically found disposable razors on window sills, a hydrogen peroxide bottle “without a cap” in a resident shower, a loose handrail in a resident shower, “unattended mop basins… with containers of chemical cleaners attached to the basins” in an open room, and a partially opened door on a porter’s closet containing chemical cleaners. The citation states that these deficiencies had the “potential to cause more than minimal harm.”
Concerned about Nursing Home Abuse and Neglect? Give Us a Call.
Waterview Heights Rehabilitation and Nursing Center has unfortunately earned its reputation as a subpar nursing home in the Rochester region. While the facility may be working towards improvement, current residents and patients may find themselves dealing with issues related to low staffing levels, poor quality of care, and more. If you or your loved one has been injured at Waterview Heights, we can help you get justice.
At the Law Offices of Thomas L. Gallivan, we aggressively advocate for the rights of clients throughout New York who have been harmed while residing at a nursing home. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a New York nursing home abuse lawyer, call our law firm at 866-931-9015 or fill out our online contact form.
