Albany Times Union

Cuomo’s near-apology misses the mark

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

Gov. Andrew M. Cuomo on Monday almost apologized for stonewalli­ng the release of full and accurate informatio­n on the COVID -19 deaths of New York’s nursing home residents.

But not quite — and his excuse for what he described as a mere “delay” failed the smell test.

In an afternoon news conference, Cuomo conceded better informatio­n on nursing home deaths should have come sooner and said the failure to provide the data created “a void” that was filled with what he referred to as misinforma­tion and conspiracy theories.

“I take responsibi­lity for creating the void,” the governor said after days in which his administra­tion has been battered for its nursing-home decisions. “We should have done a better job.”

Obviously true. So far, so good. Clap, clap, clap.

Not so good: The governor also blamed the delay on a Department of Justice request for data that came in late August. The administra­tion simply prioritize­d that federal request over ones from the media and state lawmakers, he said.

Oh, governor. You can do better than that old excuse, which ignores several key facts.

First, lawmakers and journalist­s had already been asking for the full tally of how many nursing home residents died of COVID-19 for months when the DOJ request arrived. By that point, the stonewall was well under way.

Second, the DOJ initially sought data for only a small number of public nursing homes, while lawmakers and media outlets wanted a tally for all nursing homes, public and private. Nothing in the relatively minor federal request kept the state from releasing the full tally.

(A reminder: Unlike other states, New York excluded residents who died at hospitals from its nursing home death tally, leading to a significan­t undercount.)

Third, the Cuomo administra­tion still hadn’t provided the requested informatio­n six months later — and didn’t release the informatio­n until called on the carpet by a scathing report from Attorney General Letitia James and a state Supreme Court justice’s decision.

Thanks to those two factors, we finally know 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 administra­tion’s prior tally.

That we only just learned the total can’t be blamed on the Justice Department, Donald Trump, the state Legislatur­e or dancing unicorns. We can only presume that the stonewall — which was illegal under state Freedom of Informatio­n Law, acting state Supreme Court Justice Kimberly O’connor stated — happened because Cuomo didn’t want the informatio­n made public.

And you don’t have to be a conspiracy theorist to realize that hiding the full number of deaths helped the governor fend off criticism of his controvers­ial March 25 order that said nursing homes couldn’t turn away Covid-positive patients.

Cuomo defended the order again on Monday.

And, yes, it is debatable just how much, if at all, that measure contribute­d to New York’s nursing home death total. Cuomo isn’t wrong to say there’s been misinforma­tion and misconcept­ions about that.

But there’s no debating that Cuomo attempted to stonewall the release of informatio­n. A top aide, Melissa Derosa, in a private conversati­on with lawmakers even admitted the administra­tion was worried the data “was going to be used against us.”

So, what happens next? Will lawmakers let Cuomo’s stonewalli­ng slide? Or will they stand up to the governor and take meaningful action?

To be sure, many lawmakers from both parties have been saying the right things since James’ report and the reporting of Derosa’s comments. They’ve been expressing appropriat­e outrage, with some Republican­s suggesting Cuomo should be impeached.

OK, let’s acknowledg­e it’s a bit rich for a political party that, in Albany and in Washington, excused Trump’s behavior for years to suddenly be calling for, of all things, an impeachmen­t. The irony glares.

But Democrats who spent years decrying Trump’s abuses of power will be acting just as hypocritic­ally if they turn a blind eye to Cuomo’s. They need to do something.

At the very least, lawmakers should curb some of the unilateral power granted to Cuomo during the pandemic. The governor has shown, after all, that he can’t be trusted with the authority.

Lawmakers also need to improve conditions in New York nursing homes. (Cuomo, to his credit, on Monday said he will introduce a package of nursing home reforms within 30 days.)

Most of all, there needs to be a full investigat­ion, with hearings and subpoenas, into Cuomo’s nursing home decisions.

We need to know why the administra­tion persisted with its undercount of nursing home deaths for so long. We need to know why the governor granted owners of nursing homes immunity from lawsuits and whether that decision led to risky, profit-driven decisions.

And yes, we need an honest look at that March 25 order — not for retributio­n or to embarrass the governor, but to guide future decisions.

This is a pivotal moment for a Legislatur­e controlled by Democrats. They can be an independen­t check on a fellow Democrat, or they can cave to a governor who wields his power like a weapon.

“There’s nothing to investigat­e,” Cuomo said Monday when asked if James’ office should mount an independen­t probe of the matter.

Oh, but there is. There really is.

 ?? Lev Radin / Pacific Press via Getty Images ?? Gov. Andrew Cuomo conceded on Monday that New York should have acted faster to provide data on deaths in New York nursing homes.
Lev Radin / Pacific Press via Getty Images Gov. Andrew Cuomo conceded on Monday that New York should have acted faster to provide data on deaths in New York nursing homes.
 ??  ??

Newspapers in English

Newspapers from United States