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Progressive star NY Governor Andrew Cuomo had been under intense and growing pressure this month caused by his response to the COVID-19 crisis. While receiving accolades from the Progressive national media for his well structured and highly viewed daily briefings, New York State’s death tolls were piling up.
Added scrutiny has recently been placed particularly on his handling of Nursing Homes and their residents. On March 25th, fearing projections that his state’s hospitals may be overrun, Cuomo issued this Death Mandate: Hospital Discharges and Admissions to Nursing Homes in which Cuomo made it illegal to not allow confirmed positive COVID-19 nursing home residents to be readmitted.
“No resident shall be denied re-admission or admission to the NH solely based on a confirmed or suspected diagnosis of COVID-19. NHs are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.”
You can see the entire Advisory here:
Being sent down the Memory Hole. pic.twitter.com/UHfysu9IKj
— Rich Weinstein (@phillyrich1) May 26, 2020
In fact, without doing your own internet sleuthing, that’s about the only place you can see Cuomo’s Death Mandate because on or around March 5th, the State of NY “memory holed” the Advisory. Yep, they removed it from their website. Here’s what the web page looks like now.
NY State removed that Advisory from their website. pic.twitter.com/bRJu8ovuuA
— Rich Weinstein (@phillyrich1) May 26, 2020
What happened? It became impossible for NY to hide the death totals in their nursing homes. On May 5th they were forced to announce that they had undercounted nursing home deaths by more than 1,700. As published by CBS News:
New York state is reporting more than 1,700 previously undisclosed deaths at nursing homes and adult care facilities as the state faces scrutiny over how it protected vulnerable residents during the coronavirus pandemic.
At least 4,813 people have died from COVID-19 in the state’s nursing homes since March 1, according to a tally released by Governor Andrew Cuomo’s administration late Monday that, for the first time, includes people believed to have been killed by the coronavirus before their diagnoses could be confirmed by a lab test.
Nationwide, articles about this debacle were linking to the webpage of Cuomo’s Death Mandate forcing NH to take back residents. So NY simply removed that article from history and began to rewrite a more Progressive-friendly version, blaming President Trump for their nursing home deaths. According to the NY Daily News:
The governor defended New York’s response as the pandemic has killed more than 5,000 nursing home residents over the past two months, saying Wednesday the state’s recently reversed directive sending coronavirus patients back to elder care facilities was based on directives from the White House and the Centers for Disease Control and Prevention.
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“Anyone who wants to ask why did the state do that with COVID patients in nursing homes, it’s because the state followed President Trump’s CDC guidance,” Cuomo said during a press briefing in Albany. “So they should ask President Trump.
“I think that will stop the conversation,” he added.
What does this federal guidance that Cuomi is referencing actually say? Cuomo appears to have lifted a single sentence out of the March 13th CMS Guidelines:
“Nursing homes should admit any individuals that they would normally admit to their facility, including individuals from hospitals where a case of COVID-19 was/is present.”
However, the entire CMS passage, in full context tells a different story:
When should a nursing home accept a resident who was diagnosed with COVID-19 from a hospital? A nursing home can accept a resident diagnosed with COVID-19 and still under Transmission-Based Precautions for COVID-19 as long as the facility can follow CDC guidance for Transmission-Based Precautions. If a nursing home cannot, it must wait until these precautions are discontinued. CDC has released Interim Guidance for Discontinuing Transmission-Based Precautions or In-Home Isolation for Persons with Laboratory-confirmed COVID-19. Information on the duration of infectivity is limited, and the interim guidance has been developed with available information from similar coronaviruses. CDC states that decisions to discontinue Transmission-based Precautions in hospitals will be made on a case-by-case basis in consultation with clinicians, infection prevention and control specialists, and public health officials. Discontinuation will be based on multiple factors (see current CDC guidance for further details).
Note: Nursing homes should admit any individuals that they would normally admit to their facility, including individuals from hospitals where a case of COVID-19 was/is present. Also, if possible, dedicate a unit/wing exclusively for any residents coming or returning from the hospital. This can serve as a step-down unit where they remain for 14 days with no symptoms (instead of integrating as usual on short-term rehab floor, or returning to long-stay original room).
Cuomo parsed a single line from the “Note” section of the larger passage. The “Note” specifically targets individuals that had been in hospitals where there were positive COVID-19 cases, NOT individuals who had tested positive. The full passage focuses on when a nursing home should accept “a resident who was diagnosed with COVID-19 from a hospital.”
Nice try, Governor Cuomo. But in the internet age, very little can successfully get flushed down the memory hole- especially when we’re talking about your Death Mandate that led to thousands of dead senior citizens.
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