No New York nursing home has yet lost its licenses, despite the huge COVID-19 deaths at the facilities, Assistant Governor Andrew Cuomo recently said. They believe that the laws of the state are too soft and that their hands are tied.
Members of Cuomo’s team made the remarks during the now infamous meeting last week with Democratic lawmakers in which top aide Melissa DeRosa conceded that government officials withheld damning data reflecting the extent of the coronavirus death toll in nursing homes.
“I think a lot of these nursing homes, frankly, retroactively, even before COVID got away for many years,” DeRosa said during the virtual meeting behind closed doors, the sound of which was reviewed by The Commentary.
DeRosa responded to a call from Ron Kim (D-Queens) – whose uncle presumably died of the coronavirus in a nursing home – to “hold the bad actors accountable” and mix “retroactive justice” against facilities. positive residents along with others, causing the virus to spread.
“I think if there is evidence that someone was intentional or negligent in a way that goes beyond the normal course that costs people’s lives, I think we all have the same goal, namely to hold them accountable,” he said. DeRosa said.
Under pressure from state senator James Skoufis (D-Orange) over the steps the state has actually taken to account for homes that may not hold up well, Beth Garvey, Cuomo’s council, admits there is not much to do do not report.
“It did not happen,” Garvey said of whether the state revoked the licenses of nursing homes. Cuomo threatened it due to serious violations.
‘Of course we have a big proper process for the operators we have to go through and hearings. So it’s still going on. ”
“We have no recipients currently appointed at this stage,” Garvey continued, asking if any facilities had been placed in reception.
The facilities were also not particularly badly hit in the pocketbook.
Between the start of the pandemic and February 4, the State Department of Health conducted 2,284 inspections on infection control in nursing homes.
But the audits resulted in only 170 violations being issued, which, according to Skoufis, “seems to be little of the kind of knowledge we all work with.”
However, these 170 violations yielded only $ 1.3 million in fines, with state fines of $ 10,000 each.
“Ten thousand dollars is really the maximum we can judge for a violation, even a willful violation of a public health law,” Garvey says.
However, Skoufis noted that $ 1.3 million shakes out 170 violations to about $ 7,650 per offense, an amount that he says ‘amounts to a slap on the wrist’.
DeRosa conceded that it is necessary to tighten up enforcement, but questions the extent to which this is possible under existing state law.
“I think this is something we should visit again, I think then we should increase the fines,” she said. ‘I’m not suggesting we should not work properly. But if there is a way we can change the law to speed up any of this, we need to do it. ‘
Richard Mollot, head of the Long Term Care Community Coalition’s advocacy group, said Cuomo’s assistants had correctly identified a status quo problem, but that they did not need to show the problem to lawmakers.
“The governor and the health department do not have to wait for the legislature,” Mollot said.
“They can provide immediate relief to residents and families by improving minimum standards, releasing guidelines to enable every resident to designate a visitor, and opening up communication with resident advocates.”
However, James Clyne, executive director of the Leading Age NY advocacy group, said more regulation is not the answer.
“Other than nuclear power plants, there is no one who is more regulated than nursing homes,” Clyne said. “More penalties are not the answer. The solution is to provide the necessary tools with nursing homes. ”
Cuomo spokesman Rich Azzopardi responded on Sunday: “It seems that legislators agree with us that the fines are too low and that new measures are needed to further protect patients in these facilities, and there is a commitment to this important discuss changes further. ”