NY To Launch Statewide Investigation Of Nursing Homes, Cuomo Says

NEW YORK, NY — The New York State Department of Health and New York Attorney Letitia James will undertake a joint investigation into nursing homes across the state to determine whether management complied with regulations put in place to protect residents during the new coronavirus outbreak, Gov. Andrew Cuomo announced Thursday.

Nursing homes that are not in compliance with state regulations risk facing fines or punishments as severe as losing their licenses as a result of the investigation, Cuomo said Thursday. The state is launching the investigation because of the high numbers of deaths at nursing homes across the state, Cuomo said. Of New York's 15,302 new coronavirus deaths, 2,869 are nursing home residents, according to state Department of Health data as of Tuesday, April 21.

Also read: NYC Nursing Home Reports Coronavirus-Linked Death Via Voicemail

During his press briefing Thursday, Cuomo focused on regulations that require nursing homes to transfer patients to another facility if they cannot provide adequate care. This includes regulations put into place during the outbreak of the new coronavirus that require nursing homes to provide staff with adequate personal protective equipment, isolate coronavirus-positive patients within facilities and maintain separate staffs for coronavirus-positive residents and the general nursing home population.

"The state has very strict guidelines on privately run facilities. They get paid to take care of a resident. That resident, that patient must have a state directed level of care. If they cannot provide that they can’t have the resident in their facility, period. Those are the rules," Cuomo said Thursday.

The state's regulations also require nursing homes re-admit patients who have tested positive for virus. The policy has been criticized by officials who warn that forcing nursing homes to take these patients in leaves other senior citizens vulnerable to infection. On Monday, Cuomo admitted he didn't know that the requirement was part of the state's policy toward nursing homes.

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If nursing homes cannot relocate patients on their own, they are mandated to ask the state Department of Health for assistance, Cuomo said. At Thursday's press briefing, state Health Commissioner Howard Zucker said he was unaware of the state receiving any such requests amid the spread of the virus.

Like hospitals, nursing homes are primarily responsible for securing enough protective equipment for their staffs, but have been assisted by the state, state officials said. So far, New York state has acquired 417,000 surgical masks, 101,000 gowns, 85,000 face shields, 422,000 gloves and 5,000 gallons of hand sanitizer to nursing homes requesting emergency supplies, Cuomo advisor Jim Malatras said Thursday.

Gov. Cuomo said during his Wednesday briefing that it is "not [the state's] job to supply nursing homes with the PPE needed to operate. On Thursday, New York City Mayor Bill de Blasio responded to that assertion by saying that government has a "moral imperative to protect our seniors," the New York Post reported.

Cuomo didn't offer any theories Thursday as to why nursing home residents are dying at alarming rates other than the coronavirus' inherent danger to older people and those with underlying health issues. The state's investigation will try to figure out why specific nursing homes have seen high numbers of deaths compared to other facilities.

"This is a very intense situation for nursing homes, we get it, but they still have to perform their job and do their job by the rules and regulations," Cuomo said Thursday.

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