Albany Times Union (Sunday)

Andrew Cuomo ‘froze’ nursing home truth

- CHRIS CHURCHILL ■ Contact columnist Chris Churchill at 518454-5442 or email cchurchill@timesunion.com

Now, there’s yet another revelation that blows apart Gov. Andrew Cuomo’s credibilit­y. This one came via private remarks made by Cuomo top aide Melissa Derosa to top Democratic lawmakers. The topic, unsurprisi­ngly, was the administra­tion’s refusal, for month after month after month, to be honest about the number of nursing home residents who died from COVID-19.

Derosa said the administra­tion didn’t provide full and accurate informatio­n, despite requests from state lawmakers, because Donald Trump had turned the issue into “a political football” and Team Cuomo was afraid of consequenc­es after the Department of Justice requested the data.

“We were in a position where we weren’t sure if what we were going to give to the Department of Justice, or what we give to you guys and what we start

saying was going to be used against us and we weren’t sure if there was going to be an investigat­ion,” Derosa said in a conversati­on first reported by the New York Post.

“Basically, we froze,” she also said.

That remarkable admission tells us what we long suspected: Cuomo’s team smothered the truth to prevent an investigat­ion and political blowback. Providing accurate and honest data about nursing homes during a pandemic, in other words, was less important than protecting the governor.

To their credit, New York Republican­s and Democrats alike reacted with immediate and appropriat­e fury.

“This is a betrayal of the public trust,” said state Senator Andrew Gounardes of Brooklyn, who joined 13 other Democrats senators calling for the stripping of Cuomo’s emergency pandemic powers.

Some Republican­s, meanwhile, called for the governor’s resignatio­n or impeachmen­t.

Somewhat lost in the firestorm was the wild revisionis­m of Derosa’s claim, which ignored that journalist­s and lawmakers had been requesting accurate data about New York nursing homes for months before the Justice Department made its demand in late August.

By that point, Cuomo’s determinat­ion to stonewall was already establishe­d. The informatio­n is just so tricky to compile, they told us. We’re busy, but we’ll get it to you when we can.

That was baloney. They had no intention of providing the data and wouldn’t have if their hand wasn’t forced. That’s obvious now.

And what a disgracefu­l disaster all this is for Cuomo, whose administra­tion has been left battered and humiliated by events of recent weeks.

First, Attorney General Letitia James released a searing report that made clear Cuomo misled the public with a 50 percent undercount of nursing home deaths. Unlike other states, you see, New York didn’t include in its nursing home tally count residents who were moved to hospitals before they died.

Then, a state Supreme Court justice ruled that the administra­tion had violated the law by ignoring Freedom of Informatio­n Law requests for full nursing home data. Judge Kimberly O’connor ordered the data released and required the state to pay legal fees and attorney costs to the Empire Center for Public Policy, which had filed the lawsuit.

(It would be nice if that money could come out of the governor’s wallet. Alas, taxpayers are on the hook for it.)

And now we have Derosa’s comments, which, when you think about it, are just the latest twist on a long-standing administra­tion strategy: Blame Donald Trump.

Trump handled the pandemic poorly, no doubt, and that made it easy for Cuomo & Co. to deflect deserved blame and responsibi­lity. With Trump in the White House, Cuomo had the perfect foil.

It’s probably no coincidenc­e that Cuomo’s struggles have intensifie­d since Trump left office. The governor is no longer being seen in comparison to the former president. He’s being scrutinize­d for the reality of his record.

“No one has gained more political capital in this very blue state by blaming Trump for all manner of things, including nursing home issues, than this governor,” Assemblyma­n Phil Steck, a Democrat from Latham, said on Twitter, as he derided Derosa’s “fear of Trump” excuse as “beyond ridiculous.”

Beyond ridiculous is right.

The governor didn’t hide honest nursing home data because he feared Trump.

He hid them because he feared an honest assessment of a controvers­ial order, issued in March and retracted in reaction to fierce criticism by May, requiring that nursing homes accept COVID -19 patients. He stonewalle­d because he didn’t want to dull the luster of a suddenly glowing national reputation.

Is there another reason that makes sense? I haven’t heard one.

Consider that Cuomo repeatedly used the phony low count to argue that the percentage of nursing home deaths in New York compared favorably to other states. The false stats even made it into his self-congratula­tory book.

And remember that his Department of Health used the undercount in a widely criticized report that tried to blame nursing home deaths on employees of the facilities, thus absolving state policy of responsibi­lity.

All along, the top concern was Cuomo’s reputation, not reality or public health. The truth about what happened to older New Yorkers, beloved parents and grandparen­ts, was hidden because, as Derosa said, it was going to be used against us.

It’s all so unnecessar­y.

Cuomo could have released accurate data long ago, admitted the state’s nursing home policy was a mistake and moved on. New Yorkers would have understood and forgiven.

But with a Nixonian penchant for secrecy and paranoia, Cuomo couldn’t do it. And now his reputation is in tatters.

On Friday, The Associated Press reported that 9,056 recovering COVID-19 patients were moved from hospitals to nursing homes, a number more than 40 percent higher than what the state had previously claimed.

And we know, thanks to Judge O’connor and the Empire Center, that nearly 15,000 New Yorkers died after contractin­g COVID-19 in nursing homes and other long-term care facilities, which is 63 percent higher than the tally provided before this discredite­d and disgraced administra­tion was forced to tell the truth.

Those, finally, are honest numbers. They are numbers that tell the full, horrific reality of the coronaviru­s pandemic in New York. They are numbers Andrew Cuomo didn’t want you to see.

 ?? Will Waldron / Times Union ?? Melissa Derosa, chief of staff to Gov. Andrew Cuomo, told top Democratic lawmakers that the administra­tion didn’t provide full and accurate informatio­n, because Donald Trump had turned the issue into “a political football.”
Will Waldron / Times Union Melissa Derosa, chief of staff to Gov. Andrew Cuomo, told top Democratic lawmakers that the administra­tion didn’t provide full and accurate informatio­n, because Donald Trump had turned the issue into “a political football.”
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