Cuomo’s near-apology misses the mark
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.