NY Nursing Home Coronavirus Deaths May Be Undercounted By 50%: AG

NEW YORK CITY — Thousands of coronavirus deaths in New York's nursing homes may have been undercounted by Gov. Andrew Cuomo's administration, according to a new report.

The 76-page report released Thursday by state Attorney General Letitia James pours gasoline on a smoldering political fire over the state's handling of nursing home residents during the pandemic's early days.

James' investigation found signs that more nursing home residents died than Cuomo's health department reported — a number that officially stands at more than 6,400 between March and August. Deaths were "significantly higher" in a sampling of 62 nursing homes — about 10 percent of those in the state — than reported by the Department of Health, it states.

“In conclusion, this preliminary data for the 62 facilities and time periods noted above suggests that COVID-19 resident deaths associated with nursing homes in New York state appear to be undercounted by DOH by approximately 50 percent,” the report states.

Cuomo has fought back against accusations he failed to protect residents, particularly under an early order directing nursing homes to take COVID-19 positive patients.

His health Commissioner Howard Zucker, in a statement, disputed claims that the state undercounted deaths — and argued James’ report backed up that assertion. He said the state didn’t include nursing home residents who died in hospitals in its final count.

“The OAG's report is only referring to the count of people who were in nursing homes but transferred to hospitals and later died,” Zucker said. “The OAG suggests that all should be counted as nursing home deaths and not hospital deaths even though they died in hospitals. That does not in any way change the total count of deaths but is instead a question of allocating the number of deaths between hospitals and nursing homes. DOH has consistently made clear that our numbers are reported based on the place of death.”

The report not only raises questions about the Cuomo administration's reporting of deaths, it also found significant problems at nursing homes themselves.

James' office found several nursing homes across the state, including in New York City, put residents at increased risk of COVID-19.

Overall, the report found many facilities:

• Failed to properly isolate residents who tested positive for COVID-19
• Failed to adequately screen or test employees for COVID-19
• Demanded that sick employees continue to work and care for residents or face retaliation or termination
• Failed to train employees in infection control protocols
• Failed to obtain, fit, and train caregivers with PPE.

Staffing woes contributed to many deaths, the report found. One unnamed, for-profit New York City nursing home had 15 percent of its residents die.

"For several weeks, the facility was short of caregivers due to COVID-19 illness and quarantine, and most of its management was either out ill or working remotely," the report states. "During one period of time between late March and early April, the director of nursing, the assistant director of nursing, and the medical director were all out ill and the administrator was working from home, leaving onsite management of the entire facility in the hands of just two nurse supervisors."

In total, 33 of the home's residents died after the staffing shortages. The mother of a man who called to complain about the shortfall died while showing COVID-19 symptoms, the report states.

James is continuing to investigate 20 nursing homes, as well as discrepancies in the death figures.

“As the pandemic and our investigations continue, it is imperative that we understand why the residents of nursing homes in New York unnecessarily suffered at such an alarming rate,” James said in a statement. “While we cannot bring back the individuals we lost to this crisis, this report seeks to offer transparency that the public deserves and to spur increased action to protect our most vulnerable residents. Nursing homes residents and workers deserve to live and work in safe environments, and I will continue to work hard to safeguard this basic right during this precarious time.”

Read the full report here.