Nursing Home Workers ... (Continued from page 30)
Additionally, when the high death rates in
nursing homes came into public view, in
yet another mixed message from the State,
Governor Cuomo repeatedly pointed out that
many nursing homes were “privately owned”
and suggested that if they could not provide
care to residents, the State would come in and
“do the job” for them – perceived by many as
a threat, rather than an olive branch or offer
of support. This baseless distinction between
nursing homes and hospitals – many of which
are privately owned as well – and policies
which shifted the burden from hospitals to
nursing homes made clear that while hospital
workers’ efforts were being appreciated and
publicly lauded, nursing homes received no
such support as the virus’ death toll continued
to rise.
A small measure of support came through
New York’s Emergency or Disaster Treatment
Protection Act (EDTPA), which loosened
recordkeeping requirements and granted
immunity from claims arising from COVID-
19-related occurrences, provided that
facilities use their “best efforts” to care for
their residents with their limited resources.
However, this did nothing to help nursing
homes prevent unnecessary deaths in the first
place. They were not looking for an “out” –
they were hoping desperately for a lifeline,
which never came.
Ultimately, on May 10, 2020, Governor
Cuomo reversed the policy requiring nursing
homes to admit COVID-19 patients to their
facilities, but this course reversal came too
late for those impacted by the transfer of more
than 4,500 COVID-19 patients to nursing
homes pursuant to the original directive. The
heartbreaking truth is that more than 5,800
nursing home residents lost their lives due to
complications from COVID-19 in New York.
We will never know if more could have been
saved had New York not issued its ill-fated
directive on March 25, 2020 and allowed it
to remain in place for two months before
rescinding the policy.
As New York has surpassed the peak of the
COVID-19 outbreak, but a potential second
wave looms on the horizon, we have learned
valuable lessons. We have learned that nursing
home workers were the “unsung heroes” of
this pandemic despite a clear lack of support
from the State. Whether they provided
life-saving medical care, at great risk to
themselves, or offered a hand to hold during
a resident’s last moments, nursing home
The heartbreaking truth is that more than 5,800
nursing home residents lost their lives due to
complications from COVID-19 in New York.
workers each fought valiantly on the front
lines of the COVID-19 crisis in a variety of
meaningful ways. It is our hope that, drawing
on these lessons, the State will enact policies
designed to support nursing homes in their
efforts to care for our elderly population going
forward. However, if New York fails to do so,
we must lobby for the necessary changes at the
state level that allow our heroic nursing home
workers to receive the support they deserve.
About Genser Cona Elder Law
Genser Cona Elder Law is a leading law firm in
the area of health care facility reimbursement
and recovery, elder law, litigation and
collections. Our firm handles all aspects of
complex Medicaid eligibility and applications,
Fair Hearings, Article 78 proceedings,
guardianships, PRUCOL and the resolution of
all issues related to resident financial accounts,
including litigation in all counties throughout
New York State. We successfully resolve 90
percent of the most complex cases in favor of
the facility, and we understand the particular
concerns of non-profit health care facilities.
Many of our non-profit clients have been with
us for decades as we significantly improve
their bottom line.
Ms. Walsh Sivak can be reached at
631-390-5000 or via email at
[email protected].
Genser Cona Elder Law, 225 Broadhollow
Road, Suite 200, Melville, New York 11747
www.genserlaw.com.
leadingageny.org 31