Erie County Legislator Chris Greene is calling for an investigation by the New York State Legislature into reports of misleading COVID-19 death count at New York State nursing homes to determine who is responsible for the misreporting. As of January 18, 2021 New York State officially reported 8,671 deaths from COVID-19 in long-term-care facilities, the majority of which, 8,469 occurred in nursing homes.

In the beginning of the pandemic, Cuomo’s nursing home policy required nursing facilities to accept COVID-19 patients so long as the patients met conditions. Original policy was implemented to open up much needed hospital beds. After facing backlash for the decision, Cuomo reversed the policy and. In May, the governor amended the March order, prohibiting hospitals from discharging patients to nursing homes unless they tested negative for COVID-19.

The Department of Health only counted a death as a nursing home death if it occurred at the nursing home. The New York State Attorney General’s investigation found that the new policy excluded thousands of nursing home patient COVID-19 deaths that occurred in a hospital. The report showednursing home deaths may have been undercounted by as much as 50 percent by the Department of Health.

Legislator Greene said, "A full investigation needs to be conducted to figure out who holds responsibility for the undercounting of nursing home deaths. Transparency is key. I hope Attorney General Letitia James takes up my invitation to join us in person and present her findings to the Erie County Legislature."