New York State Attorney General Letitia James’s report on how the coronavirus hit nursing homes in the state hit a painful spot for Governor Andrew Cuomo, who has been criticized by state legislators for that aspect of his management of the pandemic.
The report said the death toll from the coronavirus attributed to nursing homes was too low by about 50%. It prompted state health commissioner Howard Zucker to say after his release that in addition to the 8,914 people the health department said died of Covid-19 in nursing homes, a further 3,829 nursing home residents died of the disease after being taken to hospitals.
The document, released Thursday, reinforced the legislative impetus for an investigation into the fatalities. Republicans and some Democrats said the state’s months-long refusal to say how many nursing home residents died in hospitals gave them an incomplete picture of what happened and how policies may need to be changed.
Dr. Zucker said the health department recorded the deaths accurately where they occurred and made sure the hospital transfer records were accurate.
Republicans said the state was guilty of a cover up, and they have used the point to attack Mr. Cuomo. Republicans have criticized a March 25 health department guideline stating that nursing homes could not reject patients simply because they had tested positive for coronavirus.
The report by New York State Attorney General Letitia James recommends standardized public reporting of Covid-19 deaths in nursing homes.
Photo:
Kathy Willens / Associated Press
According to Ms. James’s report, the admission of such residents may have contributed to an increased risk of infection and subsequent fatalities, but additional data analysis is needed. The report recommends standardized public reporting of Covid-19 nursing home deaths, determining the required staffing levels in nursing homes, and the repeal of a nursing home operator liability shield that was introduced in April.
Rich Azzopardi, a senior adviser to the governor, said the report said the March 25 order was in line with federal guidelines and that homes should only have allowed residents in if they could provide proper care.
“We are focused on fighting this pandemic and getting the vaccines and funding that New Yorkers need and deserve from Washington – period,” he said.
The report also marked the first time Ms. James, who was elected in 2018, had put Mr. Cuomo on the defensive, veterans from the attorney general’s office and political observers said. The result, they say, could mean a more rock-solid relationship with Mr. Cuomo, a fellow Democrat who endorsed her 2018 election bid and helped her raise funds.
“This is clearly a dividing line where she declares her political independence,” said former Attorney General Dennis Vacco, a Republican in office from 1995 to 1999.
He said the report was “stunning and brave” because it raised a sensitive point for Mr Cuomo. “She’s kicked him in the Achilles heel now,” said Mr. Vacco.
State lawmakers in both sides have redoubled their calls for a more thorough investigation into the cause of nursing home deaths. Lawmakers said they expect Dr. Zucker will be controversial at a budget hearing in February.
Covid-19 hits New York nursing homes
Mr Cuomo said at a press conference on Friday that where nursing home residents died was irrelevant, and he was unfamiliar with any legislation to reverse liability protections. He said Republicans, including former Trump administration officials, were politicizing the issue. Senate leader Robert Ortt, a Republican from Niagara County, said Ms. James’s report showed that concerns about nursing homes were not biased.
Ms. James’s office has the standing authority to investigate nursing home practices. Her spokeswoman said Mr Cuomo had requested an investigation in April and the report was written based on what had been found. Most of the 76-page document dealt with inadequacies in nursing homes, including non-compliance with infection protocols and problems compounded by a lack of staff.
“The findings – publicly available for anyone to investigate – are the result of strenuous efforts by dedicated investigators and lawyers,” said Delaney Kempner spokeswoman. “Injecting politics would be an insult and would take away the hard work of the professionals in this office.”
Former Attorney General Robert Abrams, a Democrat, said tension between an Attorney General and governor was inevitable. Mr. Cuomo and former Attorney General Eric Schneiderman had several public spats over jurisdiction and settlement funds.
A 2007 report on the misuse of aircraft from the state police that then Gov. Eliot Spitzer sought out then Attorney General Andrew Cuomo and eventually caused trouble for Spitzer’s government, which became known as “Troopergate”.
Mr. Abrams reiterated the old political view that the acronym for Attorney General, AG, actually stands for aspiring governor, noting that Messrs Spitzer and Cuomo came to power.
Several political agents said they did not believe Ms. James would challenge Mr. Cuomo if he is due for re-election in 2022. Hank Sheinkopf, an experienced political adviser, said the report would only increase her standing.
“She has managed to make national headlines through the Trump investigation and the inclusion of the NRA,” he said. “This is clearly someone with long-term plans, and what better way to make those plans come true is to show that you can sign even with a national player in the Democratic Party?”
THE QUESTION: Several attorneys general of the State of New York have become governors. Who was the last former New York attorney general to run for president?
–Know the answer? Send me an e-mail!
THE LAST ANSWER: The New York State legislature never successfully overruled a veto by Governor Mario Cuomo during his three term in office.
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