Setting the Record Straight on CDC Guidance and Governor Cuomo's Department of Health Failure Regarding Nursing Homes

May 21, 2020
Press Release

Saratoga, NY"Families who are grieving the loss of loved ones in nursing homes have reached out to me to share their heartbreaking stories and have asked for answers. These families deserve answers, transparency, and accountability," said Congresswoman Elise Stefanik.

Governor Cuomo continues to claim "politics" and avoid accountability for the New York State Department of Health’s failure to protect our most vulnerable in nursing homes. Here are the facts:

Setting the Record Straight: 

Governor Cuomo’s decision to mandate nursing homes accept COVID-19 patients completely disregards the case-by-case approach recommended by CDC. 

CDC guidance was clear that decisions about discharging COVID-19 patients should be based on the ability of the accepting facility to meet the recommended infection control practices. This includes the ability to place residents in a designated COVID-19 care unit that is equipped with the resources and PPE to safely prevent the spread of infections. Additionally, CMS guidance states that if nursing homes are unable to follow the CDC guidance for COVID-19 patients under Transmission-Based Precautions, they must wait until these patients are no longer a transmission risk before accepting them. Governor Cuomo’s mandate requires acceptance regardless of a nursing homes capacity to safely accept COVID-19 positive cases. 

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