Cuomo Blames COVID-19 Nursing Home Order on Unknown Staffer During Testimony to Congress

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Former New York governor says he still would have issued the mandate, knowing what he knows now.

Former New York Gov. Andrew Cuomo told members of Congress on June 11 that he was not responsible for an order requiring nursing homes to accept residents discharged from hospitals even if they still had COVID-19, according to lawmakers in the room.

Mr. Cuomo did “tell us that he did not know that this directive existed, that he did not authorize it, that his department of health commissioner did not authorize it, that somehow it just popped up from an unknown staff member,” Rep. Nicole Malliotakis (R-N.Y.) told reporters in a briefing after the closed-door hearing.

Ms. Malliotakis said it was “outrageous” that the governor didn’t know the mandate came out of his administration.

“The governor finds out about this directive that kills thousands of seniors a month later,” she said. “And he did not do an internal investigation to find out who this lowly staff member, who’s still unknown, who that person was? That to me is unconscionable.”

The March 25, 2020, directive from the New York State Department of Health stated that nursing home operators couldn’t refuse to accept residents even if they tested positive for COVID-19. “No resident shall be denied readmission or admission to a nursing home solely based on a confirmed or suspected diagnosis of COVID-19,” the order stated.

Nursing homes were also barred from requiring COVID-19 testing if hospital staff determined the residents were medically stable before discharging them. Mr. Cuomo said that nursing home operators could lose their licenses or be fined if they did not follow state policies.

More than 15,000 nursing home residents in New York state died from COVID-19, according to state data. The numbers were adjusted upward after Mr. Cuomo left office and several state agencies found the Cuomo administration had undercounted nursing home deaths.

Mr. Cuomo partially reversed the order in May 2021 but kept other elements in place for additional months.

By Zachary Stieber

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