Protestors outside of a NYC Mayoral Forum that included Andrew Cuomo
By Dan Murphy
Despite leading the Democratic field in polls for NYC Mayor, former Governor Andrew Cuomo continues to be criticized for decisions he made regarding nursing homes during the COVID-19 pandemic. Family members of some of the 15,000 seniors lost in New York want the public to know about Cuomo’s decision to transfer COVID-positive seniors into state nursing homes.
Three New Yorkers who lost loved ones in nursing homes during COVID-19 wrote the following letter to President Trump, which outlines their complaints against Cuomo. Peter Arbeeny, Janice Dean, and Vivian Zayas write.
“Dear Mr. President,
As always, we, the NYC nursing home families, want to extend our deepest gratitude for having deployed the Navy hospital ship USNS Comfort and the federal alternate care facility at the Jacob K. Javits Convention Center for COVID patients back in 2020. Unfortunately, our governor at the time, Andrew Cuomo, severely restricted New Yorkers from accessing their services.
“With Mr. Cuomo running in New York City’s mayoral primary coming up on June 24, 2025, New Yorkers deserve the truth about the tragic deaths of 15,000 loved ones in nursing homes. It is imperative for NYC voters to learn once and for all whether, as Mr. Cuomo dubiously claims, he was following the CDC and CMS guidelines set forth by your administration.
“Over the past five years, Mr. Cuomo has publicly stated that his deadly March 25, 2020, nursing home directive, compelling nursing homes to accept 9000 COVID-positive patients while prohibiting them from requiring a COVID-19 test, followed federal guidelines. In reality, most governors took bold actions to shield their vulnerable elderly citizens from contracting COVID in nursing homes.
“Mr. Cuomo, by contrast, freely admits to having been pressured by the state hospital lobby – by far his largest campaign contributor – to force COVID-positive elderly patients out of hospital beds and back into nursing homes, turning such facilities into vectors for the spread of the dread disease with devastating consequences. Here are four notable quotes from Mr. Cuomo where he blames the Trump administration’s guidance:
“At a May 20, 2020 press conference, Governor Cuomo said (1:04:37): “Anyone who wants to ask, why did the state do that with COVID patients in nursing homes? It’s because the state followed President Trump’s CDC guidance. So they should ask President Trump. I think that will stop the conversation,” said Cuomo.
“He further stated (1:05:19): “Your first point, why did the state do that? Because the state followed President Trump’s CDC guidance. Okay. That’s that answer.”
“At a January 29, 2021 press conference, when confronted about the nursing home death report, Cuomo callously stated (47:45): “Who cares [where they died]?” “They died!”
“He further stated (46:14): “When I say the state Department of Health, as the report said, the state Department of Health followed federal guidance. So if you think there was a mistake, then go talk to the federal government.”
“On February 17, 2021 Governor Cuomo announced, “I would sue the federal government for malpractice on their CDC and CMS guidance the same way I sued the federal government on SALT [deductions] and sued the federal government on their immigration policy and sued the federal government for their global Trusted Traveler Program. I would sue the CDC and CMS for malpractice and we followed their advice, which was malpractice. That’s what I would do if I believed the March 25 memo was wrong.”
“On June 11, 2024, Governor Cuomo testified to the Congressional Select Subcommittee on the Coronavirus Pandemic: “Investigators found that New York’s Department of Health March 25 guidance was consistent with the prior guidelines issued by the federal CMS and CDC on March 4, 9, 13th and 23rd.”
“For the past year, our COVID-orphan families have led a bi-partisan effort to get New York elected officials to write to the CDC/CMS in pursuit of a formal determination as to whether the New York Department of Health’s March 25, 2020 directive was consistent with the guidelines set by your administration or not. We sent a letter to then-President Biden requesting his help with CDC/CMS but to no avail. Now, our families are looking to your administration to set the record straight.
“The following bi-partisan elected officials have recently written letters to the CDC and CMS seeking answers:
● NY Congressional Republican Caucus 2025 Michael Lawler, Nicole Malliotakis, Nick LaLota, Claudia Tenney, Nicholas Langworthy, and Andrew Garbarino
● NY State Senator Jessica Ramos: CDC 2025, NYS DOH
● NYC Comptroller Brad Lander: CDC 2025, CDC 2024, NYS DOH, NYC DOH
● NY State Senator Andrew Gounardes
● NYC Republican Council Common Sense Caucus
● NY State Republican Senate Minority Leader Robert Ortt
● NY State Assemblyman Ron Kim
● NYC Public Advocate Jumaane Williams
“The Congressional Select Subcommittee on the Coronavirus Pandemic released their final reports: Republican final report and Democratic final report.
“The Republican report states on pages 230-234: “FINDING: The March 25 Directive Was Inconsistent with Applicable Federal Guidance Regarding Hospital to Nursing Home Transfers and COVID-19 Related Infection Control.”
“The Democratic report, on page 35, when comparing the NYS DOH March 25, 2020 directive to the federal guidelines, concluded: “Governor Cuomo was immediately criticized for the Advisory, which also arguably contradicted federal CMS guidance by requiring nursing homes to accept patients with a COVID-19 diagnosis.”
“See this document that we created to show that the DOH March 25th directive was at odds with CDC/CMS guidelines. Words highlighted in yellow are not found in the CDC or CMS guidelines; you will see that the directive is almost entirely highlighted in yellow.
“It is a national tragedy that New York lost 15,000 of our most vulnerable loved ones in nursing homes within the space of mere months. Worse still, many died alone and in agony.
“We are respectfully requesting your help to obtain for these victims, their families and loved ones, and the elected officials seeking responses to their inquiries, a written determination from the CDC/CMS:
“Was former Governor Cuomo’s March 25, 2020 directive following CDC/CMS guidelines?”
“Thank you in advance for your leadership on this vital issue for public health.
Respectfully, Peter Arbeeny Janice Dean Vivian Zayas/Alexa Rivera”
