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Audit finds state still has work to do to address nursing home pandemic issues

Three members of a Syracuse nursing home staff speak with members of the media last March.
Tom Dinki
/
WBFO News
Three employees of a Syracuse nursing home staff speak with the media in Buffalo March, 2022.

New York’s Comptroller finds that the state’s nursing homes still lag in preparedness for another pandemic or infectious disease outbreak, two and a half years after a scandal surrounding thousands of nursing home deaths during COVID-19 that contributed to the resignation of a former governor.

Comptroller Tom DiNapoli says a follow up audit to a 2022 report by his office finds the state health department has made some improvements since the height of COVID-19, when thousands of elderly people died in the nursing homes.

But he says there’s still a ways to go to make up for what he calls a decade of neglect in health department funding and staffing.

“What we found is that the Department Health has made limited progress, some progress, but (there are) still opportunities to do a lot more,” DiNapoli said. “Mistakes were made. And we need to learn from those mistakes, so we can be sure they don't get repeated when, God forbid , we have whatever the next infectious outbreak will be.”

He says the health department needs to “look again" at the 2022 audit and be “more aggressive in implementation of those recommendations.”

DiNapoli says the health department is still not fully using infection control data to try to detect or identify any emerging infectious diseases and to develop plans to manage any future outbreaks. He says the audit finds data collection from the nursing homes is still lagging and that numbers, including causes of death among residents, are still “ inaccurate, inconsistent, and incomplete”..

“They definitely need to be more effective in terms of the reporting and validating the accuracy,” he said.

Accurate counting of resident deaths at the height of the pandemic was at the heart of scandal under former Governor Andrew Cuomo.

State Attorney General Tish James found that the Cuomo Administration had unreported deaths by 50%, a conclusion that was confirmed by the Comptroller’s 2022 audit.

Critics contend a controversial March 2020 order that required nursing homes to accept COVID- positive residents back from hospitals contributed to the deaths, something Cuomo and his aides deny.

Former Cuomo health commissioner, Dr Howard Zucker, recently answered questions about the decision before a US House subcommittee examining pandemic policies.

Governor Kathy Hochul, who became the state’s chief executive in August of 2021 after Cuomo resigned, says she concurs with the Comptroller’s finds. And she blamed her predecessor for the shortcomings.

Hochul says in the over two years that she’s been in charge, she’s taken a steps to improve things.

“I 100% agree with the comptroller’s assessment,” said Hochul, who said that “decade of disinvestment” included a failure to keep pace with Medicaid reimbursement rate.

The governor said her actions include raising reimbursement rates by 7.5%, and, offering bonuses to health care workers.

And she says she’s changed the leadership at the health department, and raised salaries to attract new talent at an agency she says was “basically starved to death” during a years-long hiring freeze imposed by the former governor.

Hochul says she’s working to ensure greater transparency with data, so that the public knows what’s going on inside nursing homes.

And she vows to do better if and when another pandemic or infectious disease outbreak hits.

“A lot of lessons were learned the hard way,” Hochul said. “Mistakes that were made in the past will not be made again, I can assure you that.”

Over a year ago, the governor said she was undertaking her own review of the state’s management of the pandemic including nursing home policies, emergency closures, mask mandates, and other decisions. But that report is yet to be finalized.

Comptroller DiNapoli says families of loved ones who died during the chaos in the state’s nursing homes at the height of the pandemic, and who are still left wondering, may never get a satisfying answer.

“ And that's very sad, and very troubling,” the comptroller said. “I don't know that we'll ever get a complete answer on some of what happened during that crisis time, that emergency time.”

But he says that fact only underscores the importance of doing better, if there’s a next time.

Karen DeWitt is Capitol Bureau Chief for New York State Public Radio, a network of 10 public radio stations in New York State. She has covered state government and politics for the network since 1990. She is also a regular contributor to the statewide public television program about New York State government, New York Now. She appears on the reporter’s roundtable segment and interviews newsmakers. Karen previously worked for WINS Radio, New York, and has written for numerous publications, including Adirondack Life and the Albany newsweekly Metroland.