Is an Investigation Warranted for Nursing Home -COVID Deaths?

Astorino Calls for Probe

By Dan Murphy

Governor Andrew Cuomo has been praised for his management of the Coronavirus pandemic in New York State, which has resulted in 32,000 deaths. Included in that number are 6,300 senior residents who lived in New York nursing homes, and if there is a blemish on the Governor’s oversight of COVID, it would be the decision to return COVID seniors to Nursing homes at the end of March.
On March 25, the state Department of Health (DOH) issued a directive requiring nursing homes to admit individuals who tested positive for COVID-19. The Governor stopped the policy on May 10, after nursing home organizations claimed that it was contributing to a clustering affect and more deaths. Veterans homes were also affected, including the state Veterans Home at Montrose in Westchester, which had 22 resident deaths to the COVID-19 virus.
Republicans in New York State and in Washington DC, are calling for an investigation into what happened and why the decision was made. Republican members of the House of Representatives sent a letter to NY asking for the number of senior patients that were discharged from hospitals to nursing homes. Because republicans are in the minority in the House, they cannot hold hearings or call witnesses.
It is important to note that the high number of nursing home deaths from COVID also occurred in New Jersey, Pennsylvania, California and Michigan, and in New Jersey, Gov. Phil Murphy also made the same decision to return COVID seniors to nursing homes. Estimates have 4,500 senior, COVID, patients discharged from the hospital and sent to nursing homes across the state.
Governor Cuomo has defended the March 25 decision, claiming that New York State followed guidance from the CDC, Centers for Disease Control. Other New York Democrats claim that the calls for investigation are politically motivated. And while NY Attorney General Letisha James has started an investigation into NY nursing homes, others have called for an independent investigation.
Stephen Hanse, President and CEO of the New York State Health Facilities Association “In order to further protect our residents and staff, we are grateful that hospitals can no longer discharge new patients into nursing homes that have tested positive or were suspected to have COVID-19. The State’s action today acknowledges the concerns providers voiced over the March 25th Department of Health advisory and we must continue to work together to implement solutions to assist long-term care providers.”
Democratic State Senator Alessandra Biaggi, who represents Pelham, introduced legislation that will repeal blanket corporate immunity to nursing home owners, shareholders, and trustees during the COVID-19 pandemic, and will enable families to pursue a legal pathway that could uncover evidence of poor care. By repealing the Governor’s provision to shield nursing homes and other healthcare facilities from liability, we can at least provide impacted families with the transparency and accountability they deserve. Our elderly are not disposable, and our laws must reflect that,” said State Senator Alessandra Biaggi
Calls for an independent investigation of Cuomo’s actions have also come from Republicans and Conservatives. Westchester’s most prominent republican, former County Executive Rob Astorino, who is running for State Senate in November, criticized the New York State Health Department for its “cursory” findings on the catastrophic death toll, and called on Hudson Valley State Senator Peter Harkham to “do his job for the hundreds of thousands of Hudson Valley residents who deserve real answers.”
“A state health department shouldn’t be able investigate its own deadly mistakes without rigorous questioning from representatives of those affected by them, but that’s exactly what’s going in Albany,” the former County Executive said. “Every administration needs to be held accountable for its actions, but this state legislature is unwilling to do that. Nursing homes were literally ordered by the state to accept Covid patients, with catastrophic consequences. Pete Harkham should be joining me – and some of his fellow Democrats – in calling for an independent analysis of what went wrong. God knows the families who lost loved ones deserve the truth — but he’s nowhere to be found. His silence is inexcusable.”
Mr. Astorino, who governed with a bipartisan coalition of legislators in Westchester, said government works best when checks and balances are in place. “Neither a governor nor a county executive is a king. Legislators have a responsibility to weigh in strongly with them; it’s how we get accountable government and optimal results. Sadly, we’re looking at a one-man show in Albany these days for partisan reasons, and that’s coming at the expense of all of us. An independent investigation over the nursing home scandal would be responsible public policy, and Mr. Harkham should be joining me in demanding one.”
Assemblyman Kevin Byrne, who represents northern Westchester, said, “The threat of an outbreak in adult-care facilities was evident early, and the state’s policies placing patients and staff in harm’s way reek of negligence. This is wholly unacceptable,” said Byrne, who is the Minority Ranking member on the Committee on Health. “Relying solely on the state attorney general’s investigation into nursing homes is a mistake and ignores the inherent bias the state has toward itself. In the interest of openness and transparency, the Legislature owes New Yorkers a hearing into this mess. These aren’t just statistics, these were people’s mothers, fathers, grandmothers and uncles. We demand an explanation; families deserve answers.”
Another republican state senate candidate in Westchester, “Dr. Liv” Saimovici, (37th District), also called for an independent investigation. “It is truly unconscionable for Andrew Cuomo’s administration to be forcing nursing homes to take in COVID-19 positive patients,” said Dr. Liv. “With thousands of lives already lost in nursing homes across the state, an independent investigation must be launched to ensure this never happens again.”
“Our seniors in nursing homes deserve better than to be put at incredible risk by the state. How many lives have been lost due to this misguided policy? Bringing Governor Cuomo’s medical advisers to his daily press conferences to answer for their recommendations must be the first step in this process,” said Dr. Liv, who is challenging Senator Shelley Mayer.