13 January 2021: Team Cuomo Still Hiding Public Data for COVID Nursing Home Deaths

Cuomo still refuses to disclose total number of COVID-19 nursing home deaths: watchdog

This article describes the latest evolution in the Cuomo administration's stonewalling:

Gov. Andrew Cuomo's administration is again refusing to release the total number of nursing home residents who've died from the coronavirus for at least another two months — until March 22 at the earliest, a watchdog group charged.

In a letter to the Empire Center for Public Policy on Wednesday, the state Health Department claimed that it needs another nine weeks and five days to comply with the legal request for a full accounting of nursing home deaths "because the records potentially responsive to your request are currently being reviewed for applicable exemptions, legal privileges and responsiveness."

The Empire Center submitted its FOIL request on Aug. 3 seeking the total number of COVID-19 nursing home fatalities — those who died in nursing homes and those who were ill and died after being transported to hospitals.

The state health department's review for "available exemptions, legal privileges and responsiveness" means that when the data is finally made public, it will not reflect the total number of COVID-19 deaths experienced by New York's nursing home residents during 2020. But is releasing the numbers the state has in its records really that difficult?

The answer to that question is "No. It's not difficult at all."

A nursing home industry insider also said he was baffled by the delay.

"The DOH has minute-by-minute data of nursing home deaths. The state's delayed response defeats the purpose of the Freedom of Information Law," the source said.

In fact, DOH has fined nursing homes for being tardy in submitting daily reports that include data on coronavirus cases, leaving it open to charges of failing to practice what it preaches.

That would appear to be the Cuomo administration's legal modus operandi.

Cuomo Delays Releasing Nursing Home Data for Two More Months

This press release from the Empire Center's normally easy-going Bill Hammond describes exactly what is wrong with the Cuomo administration's continuing failure to release all the data the state of New York has collected on COVID-19 related deaths of nursing home residents:

It could not be more clear that the state is illegally hiding basic information about a public health crisis. The department's excuses are an insult to the intelligence of every New Yorker, and the Cuomo administration's stonewalling makes a mockery of the public's right to know. It's increasingly evident that the state will not release these records until compelled to do so by the courts."

The Empire Center is currently awaiting a ruling from state Supreme Court Judge Kimberly O'Connor, and has been since 30 October 2020.