Erie County Legislator Frank Todaro 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 Todaro said, “New York State underreported the total number of nursing home residents who died of COVID-19.  This is a serious problem that needs to be addressed sooner rather than later. The public has a right to this information and has a right to know what is going on in their loved ones place of residence. This issue needs to be addressed as soon as possible. This is not an issue you can turn a blind eye to. Lives were lost and the health and well-being of countless others have been put in jeopardy.”