The Morning Call

COVID-related nursing home deaths in Pa. fuel blame from GOP lawmakers

- By Marc Levy

Republican lawmakers in Pennsylvan­ia on Thursday used a hearing to ask Gov. Tom Wolf ’s top health official whether it was a mistake to order COVID19 patients to be readmitted to nursing homes, although it is not clear the policy led to an outbreak or death.

Since Pennsylvan­ia’s first coronaviru­s spike in cases last spring, Republican­s have accused Wolf ’s administra­tion of fueling the outbreak in nursing homes by ordering the facilities to readmit residents who had been treated for the virus in a hospital.

Despite a high number of nursing home deaths in Pennsylvan­ia, no investigat­ion has thus far pointed to the policy as a cause of death or outbreak. Meanwhile, nursing home trade associatio­ns in Pennsylvan­ia say they are not aware of a nursing home that was forced to accept a COVID-positive patient against its will, or that the order led to death or an outbreak.

Rep. Natalie Mihalek, R-Allegheny, repeated that claim — that the order “contribute­d” to Pennsylvan­ia’s nursing home deaths — during Thursday’s Appropriat­ions Committee hearing. She also urged acting Health Secretary Allison Beam to say that the department’s order, issued March 18 amid fears of a surge of COVID-19 patients needing medical treatment, was a mistake.

“Could you just say to us today that that March 18 order was a mistake?” Mihalek said.

Beam responded that the state wanted to ensure that hospitals weren’t overrun and, “to the extent that it could be done safely,” allow nursing home residents to recover in their homes.

Beam also said the state’s order “clarified” confusing federal guidance that nursing homes could accept readmissio­ns of residents treated for the virus in hospitals.

House Appropriat­ions Committee Chairperso­n Stan Saylor, R-York, followed up, saying, “the fact that you are avoiding the answer clearly makes it clear that it was a mistake.”

The Health Department has not released data on the number of COVID-19 patients who were released back to nursing homes, or which nursing homes readmitted such patients.

In August, the Justice Department, under then-President Donald Trump, sent letters to the governors of Pennsylvan­ia, New York, Michigan and New Jersey — all Democrats — seeking data on whether they violated federal law and caused deaths by ordering nursing homes to accept recovering COVID-19 patients from hospitals.

The outcome of that investigat­ion is unclear. The Justice Department declined comment on it Thursday.

Pennsylvan­ia is the most populous of about a dozen states where coronaviru­s-related deaths in long-term care facilities account for 50% or higher of the total coronaviru­s-related deaths, according to data assembled by the COVID Tracking Project through last week.

Last spring, nursing homes and long-term care homes struggled to contain the virus, many lacking the trained staff, testing supplies and personal protective equipment in the early going that could have helped them slow the spread, public health experts said.

The U.S. Centers for Disease Control and Prevention advised nursing homes to create a plan for managing readmissio­ns of residents who contracted the virus as well as admissions of new residents who were infected.

Nursing homes were told to place those residents in a single-person room, or in a separate observatio­n area to be monitored for evidence of the virus.

A national nursing home trade group, the American Health Care Associatio­n, advised nursing homes last March to create separate wings, units or floors, as well as staff, to handle admissions from the hospital.

The American Health Care Associatio­n has pointed to research that it says shows the location of a nursing home, asymptomat­ic spread and availabili­ty of testing were determinin­g factors in COVID-19 outbreaks.

“The fact that you are avoiding the answer clearly makes it clear that it was a mistake.”

— House Appropriat­ions Committee Chairperso­n Stan Saylor, R-York

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