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Cuomo’s New York Facing Civil Rights Investigation for Nursing Home Deaths

Kari Donovan by Kari Donovan
August 26, 2020
in Politics
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The Department of Justice released a statement Wednesday requesting data from Governors of states that issued COVID-19 orders that may have resulted in deaths of elderly nursing home residents.
Data will help inform whether the Department of Justice will initiate investigations under the Civil Rights of Institutionalized Persons Act (CRIPA) regarding New York, New Jersey, Pennsylvania and Michigan’s response to COVID-19 in public nursing homes.

Democrat Governor Andrew Cuomo responded on Twitter by declaring the over 6,000 deaths in his state, under his care, were being exploited somehow for politics.

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This is not science. It’s politics. Politics that are dangerous to public health.

It's indefensible.

— Andrew Cuomo (@NYGovCuomo) August 26, 2020

According to the statement:

“Today the Justice Department requested COVID-19 data from the governors of states that issued orders which may have resulted in the deaths of thousands of elderly nursing home residents. New York, New Jersey, Pennsylvania, and Michigan required nursing homes to admit COVID-19 patients to their vulnerable populations, often without adequate testing. 

Based on bipartisan effort to protect nursing homes:

Happening this morning: Republican and Democratic lawmakers calling for an independent investigation of nursing homes in New York. @JaniceDean, who lost her in laws to COVID earlier this year, is here. pic.twitter.com/y70jMALuIA

— Nick Reisman (@NickReisman) August 19, 2020

For example, on March 25, 2020, New York ordered: “No resident shall be denied re-admission or admission to [a nursing home] solely based on a confirmed or suspected diagnosis of COVID-19. [Nursing homes] are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.”

“Protecting the rights of some of society’s most vulnerable members, including elderly nursing home residents, is one of our country’s most important obligations,” said Assistant Attorney General for Civil Rights Division Eric Dreiband. “We must ensure they are adequately cared for with dignity and respect and not unnecessarily put at risk.”

Janice Dean, a Fox News contributor suffered the loss of bother of her aging in-laws personally blames their deaths on New York Governor Andrew Cuomo’s order to return recovering COVID patients into assisted living facilities and nursing homes and has said that she wants justice.

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Janice Dean: New York Governor Andrew Cuomo Needs To Be Investigated For Sending Recovering Covid Patients Into Nursing Homes https://t.co/1TgOr5Fwv7

— Janice Dean (@JaniceDean) June 23, 2020

According to the Centers for Disease Control, New York has the highest number of COVID-19 deaths in the United States, with 32,592 victims, many of them elderly. New York’s death rate by population is the second highest in the country with 1,680 deaths per million people. New Jersey’s death rate by population is 1,733 deaths per million people – the highest in the nation. In contrast, Texas’s death rate by population is 380 deaths per million people; and Texas has just over 11,000 deaths, though its population is 50 percent larger than New York and has many more recorded cases of COVID-19 – 577,537 cases in Texas versus 430,885 cases in New York. Florida’s COVID-19 death rate is 480 deaths per million; with total deaths of 10,325 and a population slightly larger than New York.

The Department of Justice’s Civil Rights Division is evaluating whether to initiate investigations under the federal “Civil Rights of Institutionalized Persons Act” (CRIPA), which protects the civil rights of persons in state-run nursing homes, among others. The Civil Rights Division seeks to determine if the state orders requiring admission of COVID-19 patients to nursing homes is responsible for the deaths of nursing home residents.

On March 3, 2020, the Attorney General announced the Justice Department’s National Nursing Home Initiative. This is a comprehensive effort by the department, led by the Elder Justice Initiative and in strong partnership with the U.S. Department of Health and Human Services that uses every available tool to pursue nursing homes that provide substandard care to their residents.  As announced on April 10, 2020, the department is also investigating the Soldiers’ Home in Holyoke, Massachusetts, where COVID-19 has taken the lives of at least 76 residents.  https://www.justice.gov/opa/pr/federal-investigation-conditions-nursing-home-veterans-massachusetts-announced

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