New York launches investigation into nursing home practices during coronavirus pandemic

New York will investigate nursing homes that have violated state and federal directives regarding separation and isolation policies, staffing policies, personal protective equipment supplies and communication with residents’ family members about coronavirus infections and deaths among residents.

Gov. Andrew Cuomo announced the investigation yesterday, as COVID-19 deaths in New York State’s long-term care facilities continue to mount. The virus has killed 3,540 residents in long-term care facilities — roughly one in four of the 15,740 deaths in the state since the first COVID-19 fatality was reported in New York on March 14.

Of the 3,540 long-term care deaths reported by the state health department as of April 22, 3,208 deaths — more than 90% — were in the eight counties comprising the downstate region, the epicenter of the coronavirus outbreak in the state. Suffolk’s 42 long-term care facilities had 394 deaths, while Nassau’s 37 facilities had 407 deaths as of April 22.

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“Nursing homes are under a lot of pressure, through no fault of their own,” the governor said during his midday press briefing yesterday, where he announced the investigation.

But Cuomo faulted nursing homes who did not “follow the rules” which require them to transfer infected patients to other facilities if they cannot provide adequate care and abide by all directives regarding isolation, staffing and PPE.

The state association representing long-term care facilities disputed the idea that nursing homes have not been following directives. They have closely adhered to them, the NYS Health Facilities Association said in a statement.

“The very nature of long-term care is a high-touch environment where social distancing is not an option in providing care. Staff are hands-on helping residents with bathing, dressing, eating and other personal daily needs,” NYSHFA presdient and CEO Stephen Hanse said.

“From the onset of this pandemic, nursing homes and assisted living providers and their residents have not been treated as a top priority for assistance with staffing, PPE shortages and COVID-19 testing,” Hanse said.

“This was clearly evidenced by the state’s March 25 policy mandating that nursing homes admit hospital patients into their facilities that have a confirmed or suspected diagnosis of COVID-19,” he said.

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“This treacherous virus spreads through nursing homes like fire through dry grass and the state’s March 25 policy served to unnecessarily fan the flames of this fire.”

Hanse called on the governor to back up his declaration of concern for nursing home residents with “full support and assistance from the State in the form of increased help in securing staff, needed PPE and priority testing for our residents and employees.”

Nursing homes, like hospitals, are highly regulated, mission driven organizations, Hanse said.

“It is wrong for the state to single out nursing homes and say they are ‘private companies,’ and as such, nursing homes are on their own to secure needed PPE to safeguard their residents and staff,” he said.

Cuomo said yesterday the state has provided PPE to nursing homes on an emergency basis and will continue to do so.

The governor yesterday also announced a new directive requiring nursing homes to immediately report to DOH the actions they have taken to comply with all state laws, health department and CDC regulations, directives and guidance.

The health department will inspect facilities that have not complied with state and CDC directives and guidance, including separation and isolation policies, staffing policies and inadequate personal protective equipment, Cuomo said.

Nursing homes face fines of up to $10,000 per violation and could potentially lose their operating licenses, the governor said.

The investigation will be conducted jointly by the State Health Department and the State Attorney General’s Office, Cuomo said.

Families of nursing home residents who are concerned about the care they are getting can file complaints by calling 833-249-8499 at the State Attorney General’s Office website.