Erie County Legislator Joe Lorigo 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. 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 showed nursing home deaths may have been undercounted by as much as 50 percent by the Department of Health.

Legislator Lorigo said, “The governor’s actions are completely unacceptable. His charade of misleading the public must come to an end. Residents deserve truth and transparency from people who serve.  They have not been getting it from Andrew Cuomo. I look forward to shedding more light on the subject of COVID-19 nursing home deaths, and I urge Attorney General James to report her findings to us directly. For too long, Andrew Cuomo’s authority has gone unchecked. As a result, thousands of nursing home residents lost their lives. The time for accountability and transparency is now.”