A congressional subcommittee issued a memo Monday, blasting former Gov. Andrew Cuomo’s handling of the COVID-19 pandemic in nursing homes.

The report’s release comes one day before the Democratic ex-governor is slated to provide public testimony in Washington, D.C. on the topic, in front of the same Republican-controlled panel.


What You Need To Know

  • The report’s release comes one day before the Democratic ex-governor is slated to provide public testimony in Washington, D.C. on the topic, in front of the same Republican-controlled panel

  • According to the report, the administration was aware that Andrew Cuomo’s then-stardom could be blown if they didn’t fix perceptions about the virus in nursing homes

  • It scrutinizes the March 25, 2020 nursing home admission order Cuomo has claimed it was blessed by federal officials. But New York’s order differed from federal guidance, instead saying nursing homes must let patients in — regardless of having a positive coronavirus test

“When Andrew Cuomo issued the nursing home order, we all knew that it was, it was devastating,” recalled Republican Rep. Marc Molinaro, who served as the Dutchess County Executive during the 2020 pandemic.

Cuomo and his top aides should own up to crafting key pandemic-era nursing home decisions, according to the findings of a new report released by the Select Subcommittee on the Coronavirus Pandemic.

“He was concerned that the administration was not doing a good job of pushing back against criticism of the policy — he wanted to do a better job,” Bill Hammond, Empire Center for Public Policy, who was interviewed by the panel, said.

For months, a bipartisan congressional subcommittee investigated the origins of Cuomo’s 2020 admission policy.

The report reveals that the administration was aware that Cuomo’s then-stardom could be blown if they didn’t fix perceptions about the virus in nursing homes.

“One new wrinkle that did come out of this report was an email. It was sort of technically from Stephanie Benton, who was [Cuomo’s assistant], but everybody took it to be his words, and the gist of it was: this is, this is going to be the greatest debacle in the history books. We’ve got to, you know, this is going to overwhelm all the positive things we’ve done,” Hammond said.

Interviewing Cuomo and nine other ex-top aides: Melissa DeRosa, former secretary to the governor; Lawrence Schwartz, former secretary to the governor; Howard Zucker, former commissioner of the New York State Departement of Health; Bradley Hutton; former Deputy Commissioner of the NYSDOH; Eleanor Adams, former special advisor to the NYSDOH commissioner; Gareth Rhodes, former deputy superintendent of the New York State Department of Financial Services; Jim Malatras, former advisor to the governor; Beth Garvey, former special counsel to the governor; and Linda Lacewell, former superintendent of the New York State Department of Financial Services.

The report scrutinizes the March 25, 2020 nursing home admission order. Cuomo has claimed it was blessed by federal officials.

“After wasting millions of taxpayer dollars with federal and state investigations that found no evidence of wrongdoing, this MAGA Congressional Committee came up short on verifying the big lie they’ve been peddling for years: Its report does not conclude there was any causality between the March 25 DOH guidance and deaths in nursing homes,” Cuomo’s spokesman argued in a statement Monday.

But New York’s order differed from federal guidance, instead saying nursing homes must let patients in, regardless of having a positive coronavirus test.

Two top federal health experts, Seema Verma, the former administrator of the Centers for Medicare & Medicaid Services, and Dr. Deborah Birx, the ex-White House coronavirus response coordinator, also denied Cuomo’s defense, according to interview transcripts released.

They said it led to unnecessary deaths.

“When he says that the language of the directive mirrored that of the CDC and CMS guidelines, it did not, it simply did not. He used very restrictive, directive language. He used ‘shall, must.’ He prohibited nursing homes from testing,” GOP Rep. Nicole Malliotakis, who sits on the committee, said.

Officials also changed the way deaths were counted in a July 2020 report, leading to a lower total.

Malliotakis said some of the former staffers interviewed gave conflicting testimony on the matter.

“To not include the data of nursing home deaths by eliminating — not including the number of people who died outside the facilities - so they did purposely under report and Melissa DeRosa said the reason why is because they were afraid of federal authority,” she said. “You have a governor who’s running around with a $5 million book deal while 1000s of people died and that’s not right.”

Meanwhile, former Health Commissioner Howard Zucker put a spotlight on Cuomo’s former top aide Melissa DeRosa as someone who spoke “with the voice” of the governor.

DeRosa was also interviewed, and in some cases argued she didn’t remember some decisions.

Cuomo is set to take public questions from the committee in Washington on Tuesday.