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Cuomo defends state's handling of nursing home crisis amid AG report

Governor defends underreporting of nursing home deaths in NYS

By Mike BaggermanJan 29, 2021

BUFFALO, N.Y. (WBEN) – Governor Andrew Cuomo defended his administration's undercounting of nursing home deaths during the COVID-19 pandemic and said the state's reporting of the nursing home deaths was ultimately correct.

Meanwhile, he continued to pin blame on the federal government, specifically calling out members of the Trump administration for their role in misinformation amid the pandemic.

"Where this starts is, frankly, a political attack from prior federal administration's HHS," Cuomo said. "Their great spokesperson, Michael Caputo, who's a Roger Stone protégé, who said we had more nursing home deaths in New York because of something that the state health department did. This (OAG) report affirms everything the commissioner has said over the past year. The state department of health followed federal guidance by CMS and CDC. The commissioner said no not-for-profit nursing home was forced to take anyway…If they took a person who they could not care for, a COVID-positive person, they violated the law."

New York Attorney General Letitia James on Thursday released a 76-page report which concluded the state underreported deaths at nursing homes by approximately 50%. According to state data, more than 7,500 people have died at a nursing home either from COVID-19 or what was presumed to be COVID-19. The attorney general's report means that there may have been thousands more nursing home residents who died at a hospital, instead of only at a nursing home.

"We've also said there has been hospital deaths," Health Commissioner Dr. Howard Zucker said. "Back in August, we said we would get the legislature the number and we've been working on that, particular in advance of my budget hearing which is next month. When I saw the attorney general report, (we) decided that we need to finish that up quickly and get those numbers out in key time."

Zucker said the total number of deaths does not change. That means the nearly 35,000 people who have died from COVID-19 includes nursing home residents who died in a hospital.

"To misrepresent that number is actually factually inaccurate," Zucker said. "When they said there was undercounting, that's just factually inaccurate."

Cuomo said the nursing home issue became a "political football".

"Whether people died in a hospital or died in a nursing home, people died," Cuomo said. "People died…The same people are dying today.
96% of the people who die are older people with co-morbidities, which happens to be the population that lives in nursing homes. It's continuing today. Even with all the testing that we're doing. If you look at New York State, we have a lower percentage of deaths in nursing home than other dates. A third of all deaths in this nation are from nursing homes. New York State, we're only about 28%...but who cares (if) 33%, 28% died in a hospital or a nursing home. They died."

The state health department still only publicly reports the nursing home residents who died at the nursing home and not hospitals. When asked if they will report differently, Cuomo did not directly answer the question and reiterated that nursing home deaths are determined by adding deaths in nursing homes to deaths at hospitals.

"The data from the nursing homes is very sketchy," Cuomo said. "That's why the department of health...has been auditing the data to make sure what they get from the nursing homes is actually accurate and correlating with the hospitals. They will have the best information they can get from the nursing homes because they don't create this data. It all comes from the nursing homes."

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