Albany Times Union

Policies for disabled may face scrutiny

Cuomo’s group home moves similar to nursing home plan

- By Edward Mckinley

At the urging of his Republican colleagues, state Sen. James Skoufis — who chairs the chamber’s investigat­ions committee — said he is interested in examining Gov. Andrew M. Cuomo’s COVID-19 policies at group home facilities for people with developmen­tal disabiliti­es, which have mirrored those of nursing homes.

Skoufis said he had discussed the issue on a call Sunday night with Sen. Mike Martucci, the top Republican on the disabiliti­es committee. Senate Republican­s followed up with a letter Monday, signed by four members, asking Skoufis to initiate an investigat­ion of the matter.

The letter points to policies that didn’t prioritize giving personal protective equipment to facilities overseen by the Office for People With Developmen­tal Disabiliti­es. Staff at those facilities also were not required to work overtime to help deal with the challenges of coronaviru­s fections. But a focus of the push for the probe is an April 10 directive from OPWDD, an executive branch agency, that facilities should accept Covid-positive patients.

Critics have compared that directive to the controvers­ial March 25 order instructin­g nursing homes to accept Covid-positive residents. The April 10 policy is still in effect, and says if patients are “medically stable” and “asymptomat­ic” then, “no individual shall be denied re-admission or admission.”

“Some of the informatio­n and perspectiv­e that (Martucci) shared and brought to my attention last night is alarming and is worth looking into,” Skoufis said. “Given the similarity of the directive to the very controvers­ial nursing home executive order, and the very simple fact that these group homes are congregate settings, this is something I want to do some informatio­n gathering on.”

Jennifer O’sullivan, a spokeswoma­n for OPWDD, said in an emailed statement that “certain legislator­s” are spreading untruths about the policy.

“If they actually took the time to closely read OPWDD’S guidance which was issued nearly a year ago, they would understand that residents of OPWDD group homes who were sent to the hospital for COVID-19 treatment were only returned to their homes after being deemed safe to return by the hospital physician, in consultati­on with the residentia­l provider,” she said. “Group home providers were only to accept individual­s if they could safely accommodat­e them within the group home.”

That is a similar defense to what Cuomo’s administra­tion has offered of the nursing home policy.

Some have said the directives unnecessar­ily exposed the most vulnerable New Yorkers to COVID-19, causing additional deaths. Cuomo has said the directives were issued to protect the hospitals from being overwhelme­d. The letter cites a report from Disability Rights New York, New York Lawyers for the Public Interest and the New York Civil Liberties Union that people in OPWDD were three times more likely to contract or die of COVID-19 than the broader population.

O’sullivan said that there have been 6,969 COVID-19 cases in OPWDD facilities in New York and 553 deaths, “regardless of location of death.” The total population of OPWDD residents was 34,551, as of Sunday.

Skoufis added that there are important difference­s between OPWDD facilities and nursing homes — families can more easily take people out of OPWDD facilities, for instance — and that he wouldn’t commit outright to holding hearings. But he said he wanted to explore the issue and potentiall­y partner with Sen. John Mannion, who chairs the Committee on Disabiliti­es, because, “this is something that deserves examinatio­n.”

Cuomo is under two federal investigat­ions for his administra­tion’s handling of COVID-19 in nursing homes and the decision made to withhold informatio­n about the total number of deaths from people who contracted the virus in those facilities. The signatorie­s of the Monday letter connect the nursing home scandal and Cuomo’s handling of OPWDD facilities, saying the lack of transparen­cy is the same.

“To date, OPWDD has resisted calls for greater transparen­cy regarding the release of data related to group homes. I respectful­ly request that you launch a transparen­t and comprehens­ive investigat­ion into OPWDD as the chair of the Investigat­ions and Government Operations Committee,” says the letter, which is signed by state Sens. Anthony Palumbo, James Tedisco, Fred Akshar and Martucci. “We must come together as New Yorkers and demand that OPWDD be transparen­t about their conduct during the COVID-19 pandemic.”

Marc Molinaro, the Dutchess County executive and father of a child with a disability, has also been vocal on this issue. He sent a letter last month to legislativ­e leaders, including Mannion, calling for a review of the OPWDD coronaviru­s policies.

“This has been a stubborn fight by the state every step of the way and it’s because those with disabiliti­es have never been front and center in their spectrum of care,” Molinaro said Monday, noting the directive for the facilities to accept COVID patients and that the state wouldn’t allow counties to distribute personal protective equipment to the facilities last spring.

“It’s almost as if Albany has washed their hands of responsibi­lity and it’s really, really disturbing,” he said.

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