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DOJ seeks data about COVID nursing home deaths from New York, 3 other states

Prosecutors are trying to determine whether state orders requiring admission of COVID-19 patients to nursing homes could have led to deaths.

WASHINGTON — The Justice Department is seeking data from the governors of four states about “orders which may have resulted in the deaths of thousands of elderly nursing home residents.”

Officials say Wednesday that the Justice Department’s civil rights division is evaluating whether to initiate investigations under a federal law that protects the rights of people in state-run nursing homes and other facilities.

Prosecutors are trying to determine whether state orders requiring admission of COVID-19 patients to nursing homes could have led to deaths.

The letters were sent Wednesday to the governors of New York, New Jersey, Pennsylvania and Michigan.

The governors of those states are all Democrats, and spokespeople for three of them said the inquiry was political. 

New York State's health commissioner has repeatedly declined to say how many New York nursing home patients died in hospitals.

Howard Zucker on August 12 turned down a request to give that number at a hearing on the COVID impact on hospitals across the state. It was the third time in two weeks he had declined a request.

He has previously said he's trying to make sure that deaths aren't double-counted.

Earlier this month, an Associated Press report blasted the Cuomo Administration, saying the official state count of 6,600 nursing home deaths may be thousands too low, because unlike almost every other state, it only counts those who died on nursing home property.

A downstate Democratic assemblyman recently pushed for why New Yorkers aren't getting those numbers.

"You have the source of the admissions. All you have to do is release them. When and where are we going to get those numbers?" said Assemblyman Tom Abinanti, who represents the 92nd District.

"I want to know how many came from nursing homes. I want to know how many came from group homes. I want to know how many came from congregate care."

Zucker replied: "Assemblyman, I understand the numbers you want, but I also know that you want to be sure that there is no double-counting and they are accurate."

The commissioner would not say when he would have the numbers available for lawmakers.

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