Despite the widespread COVID-19 deaths at the facilities, no nursing homes in New York have lost their permits, aides to Governor Andrew Cuomo said recently – complaining that state laws are too lenient and their hands tied.
Members of Cuomo’s team made the comments during last week’s now infamous meeting with Democratic lawmakers, in which top aide Melissa DeRosa admitted that state officials withheld damning data showing the magnitude of the coronavirus death toll in nursing homes.
“I think a lot of these nursing homes have, frankly, gotten away with a lot in retrospect, even before COVID,” DeRosa said during the behind-the-door virtual meeting, the audio of which was discussed by The Post.
DeRosa responded to a call from State Councilor Ron Kim (D-Queens) – whose uncle is believed to have died of the coronavirus in a nursing home – to ‘hold the bad actors to account’ and bring ‘retroactivity’ against facilities that are mixed. COVID positive residents with others, allowing the virus to spread.
“I think if there is any evidence that someone was willful, or that someone was negligent in a way that goes beyond the normal course that kills people, I think we all share the same goal of holding them accountable,” DeRosa said.
Under pressure from state senator James Skoufis (D-Orange) over what steps the state has actually taken to keep responsible homes that aren’t sniffing, Beth Garvey, Cuomo’s counsel, admitted there wasn’t much to report.
“It didn’t happen,” said Garvey, asking if the state has revoked nursing home permits as Cuomo has threatened them for serious violations.
“Obviously, we have considerable litigation for the operators that we have to go through and hearings. So those are still ongoing. “
“We don’t have, you know, any receivers appointed at this point,” Garvey continued, asking if any provisions had been placed under receivership.
The facilities have not hit the wallet particularly hard either.
Between the start of the pandemic and February 4, the State Department of Health performed 2,284 infection checks in nursing homes.
But the audits resulted in only 170 violations being issued, which Skoufis says “seems low given the kind of knowledge we all work with.”
However, those 170 violations resulted in just $ 1.3 million in fines, with a state fine of up to $ 10,000 each.
“Ten thousand dollars is really the maximum we can judge for a violation, even a deliberate violation of a public health law,” Garvey said.
However, Skoufis noted that $ 1.3 million shakes up more than 170 violations to an average of about $ 7,650 per violation, an amount he says “amounts to a blow to the wrist.”
DeRosa recognized the need to step up enforcement, but wondered to what extent this was possible under existing state law.
“I think that’s something we should revisit, I think we should then increase the penalties,” she said. “I’m not suggesting that we shouldn’t have a fair trial. But if there is any way we can change the law and speed up some of it, then we should do it. “
Richard Mollot, head of the Long Term Care Community Coalition advocacy group of nursing home residents, said that Cuomo’s aides correctly identified a problem with the status quo, but they do not need to donate the problem to lawmakers.
“The governor and the health ministry do not have to wait for the legislature,” Mollot said.
“They can provide immediate assistance to residents and families by improving enforcement of minimum standards, releasing guidelines for each resident to designate a visitor, and opening communications with resident advocates.”
However, James Clyne, executive director of the Leading Age NY advocacy group, said more regulation was not the solution.
“Aside from nuclear power plants, there is no one more regulated than nursing homes,” said Clyne. “More punishment is not the solution. The solution is to partner with nursing homes to give us the tools we need. “
Cuomo spokesman Rich Azzopardi responded on Sunday: “Lawmakers seemed to agree with us that the fines were too low and that new measures are needed to further protect patients in these facilities and there was a commitment to further these vital changes. discuss.”