House Republicans are demanding that Gov. Kathy Hochul turn over data and records regarding coronavirus-related deaths in New York nursing homes — particularly information surrounding a controversial Cuomo-era policy that required the facilities to admit recovering COVID-19 patients.

The request comes while Hochul faces criticism for slow-walking her own “independent” probe of New York’s early response to the deadly COVID-19 outbreak, when disgraced ex-Gov. Andrew Cuomo — under whom she served as lieutenant governor — was in charge. 

Preliminary results are not expected until after the fall elections.

Long Island Rep. Lee Zeldin (R-NY), her Republican opponent in the governor’s race, claimed that Hochul mishandled the pandemic alongside Cuomo and has vowed to appoint a special prosecutor to investigate COVID-19-related nursing home deaths, if elected.

“You promised that your administration will be ‘fully transparent’ regarding the data
surrounding COVID-19 deaths and nursing home readmissions This investigation is even more important considering troubling reports from the New York Assembly Minority Leader [Will Barclay (R-Pulaski)] that you are in ‘no rush’ to provide answers to the families that lost loved ones in New York nursing homes,” says the joint letter sent to Hochul Tuesday.

It was co-signed by House Republican Conference Chairwoman Elise Stefanik (R-NY) and Reps. James Comer (R-Ky.) and Steve Scalise (R-La.), the ranking members of the Oversight and Reform Committee and the subcommittee on the coronavirus, respectively.

The Congress members said Cuomo — who resigned in a sexual harassment scandal last August but also faced fierce criticism over his handling of COVID-19 in nursing homes that including low-balling and even deliberately hiding deaths — blew off their prior request for “full and complete data” about New York’s handling of the pandemic in nursing homes since June 15, 2020.

The congressional Republicans said they want Hochul, who took office upon Cuomo’s resignation, to comply with their request by Aug. 9 for the following information:

– Nursing home patient deaths (including nursing residents who died in hospitals) from Jan. 1, 2020, to present. More than 15,000 New York nursing home residents have died from COVID-19.

 – All state-issued guidance, directives, advisories or executive orders regarding hospital discharges to nursing homes or any and all other types of assisted living facilities.

– Underlying information, documents and research used by the state health department to draft the July 6, 2020, report titled “Factors Associated with Nursing Home Infections and Fatalities in New York State During the COVID-19 Global Health Crisis.” The much-maligned in-house report insisted state policies did not contribute to COVID-related nursing home deaths.

– Communications between Cuomo’s office and the health department regarding COVID-19 mitigation efforts in nursing homes and other long-term care facilities.

– Documents and communications between state health department officials and nursing home administrators relating to the implementation of a controversial March 25, 2020, “must admit” order to accept recovering COVID-19 patients from hospitals during the worst of the pandemic. Some studies suggested the policy contributed to nursing home infections and deaths because the facilities lacked the ability to isolate or quarantine patients or had adequate personal protective equipment to control the spread.  

– Information exchanged between the governor’s office and the US Justice Department regarding COVID-19 in nursing homes. The Justice Department has investigated Cuomo’s handling of nursing home deaths during the pandemic, including whether the publishing of his book about the outbreak affected policy decisions.

In the letter, Stefanik, Scalise and Comer claimed the edict requiring nursing homes to admit or readmit recovering or stabilized COVID-19 patients discharged from hospitals was a deadly “mistake.” Cuomo himself said COVID spread like “fire through dry grass” among frail elderly patients in nursing homes.

“This order was in direct contradiction to Centers for Disease Control and Prevention (CDC) and Centers for Medicare & Medicaid Services’ (CMS) guidance and likely led to thousands of unnecessary deaths,” they said.

Hochul’s office said it will review the House members’ request while defending the governor’s record on disclosing more COVID-19 data and improving policies since taking over as chief executive last August.“

On her first day in office, Governor Hochul released additional COVID-19 data related to nursing homes, and every day since she has worked to deliver accountability, restore trust in government, and protect vulnerable New Yorkers,” said Hochul spokeswoman Hazel Crampton-Hays.

The Hochul rep said she hired Mary Bassett, a former New York City health chief, as state health commissioner; signed new laws to bolster protections in the the long-term care system and instituted policies to protect nursing home residents from COVID-19, including increase access to booster shots and beefing up staffing, requiring high quality masks and PPE and testing to visitors.

“Last week, Governor Hochul issued a request for proposals for a substantive, meaningful and independent pandemic After-Action Review, which will include review of policies and guidance for the transfer of individuals into congregate settings including nursing homes. We are reviewing the Subcommittee’s information request,” Crampton-Hays said.

Cuomo spokesman Rich Azzopardi responded, “Everything the federal government asked for we provided and DOJ dismissed this Trumped up probe by the Trump administration and it’s clear that the Republicans are trying to go back to the well in a feeble attempt to distract from the election year damages caused by the Jan. 6 hearings.”