The report by New York State Attorney General Letitia James on how the coronavirus hit asylums in the state reached a sensitive point for Governor Andrew Cuomo, who has faced criticism from state lawmakers about this aspect of his pandemic management.
The report said the number of coronavirus deaths attributed to nursing homes was underestimated by about 50%. This prompted state health commissioner Howard Zucker to say after his release that, in addition to the 8,914 people the Department of Health believes died of Covid-19 in nursing homes, another 3,829 nursing home residents died of the disease after being taken to hospitals .
The document, released on Thursday, reinvigorated legislative pressure for an inquiry into the fatalities. Republicans and some Democrats said the state’s month-long refusal to say how many nursing home residents died in hospitals left them with an incomplete picture of what happened and how policies need to be changed.
Dr. Zucker said the health department accurately recorded deaths where they occurred and was ensuring that data on hospital transfers was correct.
Republicans said the state was trying to cover up and used the tip to attack Cuomo. Republicans criticized a March 25 health department directive that said health facilities could not refuse patients simply because the test result was positive for coronavirus.
The report by New York State Attorney General Letitia James recommends standardized public reports of Covid-19 deaths in nursing homes.
Photograph:
Kathy Willens / Associated Press
Ms. James’ report said that admitting such residents may have contributed to the increased risk of infection and subsequent deaths, but further data analysis is needed. The report recommends standardized public reports of Covid-19 deaths in nursing homes, defining the staffing levels needed in nursing homes and revoking a liability shield that covers nursing home operators that was enacted in April.
Rich Azzopardi, a senior adviser to the governor, said the report said that the March 25 order was consistent with federal guidelines and that homes should only admit residents if they can provide adequate 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 that James, elected in 2018, put Cuomo on the defensive, said veterans of the state attorney general’s office and political observers. The result, they say, could mean a more difficult relationship with Cuomo, a Democratic colleague who endorsed her candidacy for the 2018 elections and helped her raise funds.
“This is clearly a line of demarcation where she is declaring her political independence,” said former state attorney general Dennis Vacco, a Republican who held the post from 1995 to 1999.
He said the report was “impressive and courageous” because it highlighted a sensitive point for Cuomo. “She now kicked him in the Achilles’ heel,” said Vacco.
State lawmakers from both parties have stepped up their calls for a more thorough investigation than has caused deaths in nursing homes. Lawmakers said they expected Zucker’s scheduled appearance at a budget hearing in February to be controversial.
Covid-19 arrives in New York nursing homes
Cuomo said at a news conference on Friday that the location where nursing home residents died was not relevant, and he was unfamiliar with legislation to reverse liability protections. He said Republicans, including former Trump administration officials, are politicizing the issue. Senate minority leader Robert Ortt, a Republican from Niagara County, said James’ report showed that concerns about nursing homes were not partisan.
Ms. James’s office has permanent authority to investigate nursing home practices. Her spokeswoman said that Cuomo requested an investigation in April and that the report was written based on what was found. Most of the 76-page document talked about deficiencies in nursing homes, including their failure to follow infection control protocols and problems that were exacerbated by staff shortages.
“The findings – publicly available for anyone to examine – are the result of arduous efforts by dedicated investigators and lawyers,” said spokeswoman Delaney Kempner. “Injecting politics would be an insult and would take all the hard work out of the professionals in this office.”
Former Attorney General Robert Abrams, a Democrat, said that tension between any attorney general and governor is inevitable. Mr. Cuomo and former Attorney General Eric Schneiderman had several public discussions about jurisdiction and settlement funds.
A 2007 report on the misuse of State Police aircraft that the then Gov. Eliot Spitzer wanted by then Attorney General Andrew Cuomo ended up causing problems for the Spitzer government that became known as the “Troopergate”.
Mr. Abrams echoed the old political view that the acronym for attorney general, AG, actually stands for an aspiring governor, looking at Mr. Spitzer and Cuomo’s paths to power.
Several political agents said they did not believe James would challenge Cuomo when he ran for re-election in 2022. Hank Sheinkopf, a veteran political adviser, said the report would only increase his position.
“She managed to capture national headlines through Trump’s investigations and the confrontation with the NRA,” he said. “Obviously, this is someone who has long-term plans, and what better way to make those plans real is to show that you can tie even with a national Democratic player?”
THE QUESTION: Several New York state attorney generals became governors. Who was the last ex-attorney general in New York to run for president?
–Know the answer? Send me an email!
THE LAST ANSWER: The New York state legislature has never been able to overturn a veto issued by Governor Mario Cuomo during his three terms.
Write to Jimmy Vielkind at [email protected]
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