Hearing Wrap Up: Andrew Cuomo Held Publicly Accountable for Nursing Home Disaster by COVID Select
WASHINGTON — The Select Subcommittee on the Coronavirus Pandemic held a hearing titled “A Hearing with former New York Governor Andrew Cuomo” to examine the former governor’s role in issuance of unscientific guidance that forced New York nursing homes and long-term care facilities to admit COVID-19 positive patients. Ahead of the hearing, the Select Subcommittee released a memo — with evidence from more than half-a-million documents and 10 transcribed interviews — that reveals Mr. Cuomo and his team were involved in the decision to issue New York’s disastrous March 25 Directive, and then, acted repeatedly to downplay the tragic aftermath of their decision. Members held Mr. Cuomo to account for this failure and demanded his immediate apology to the friends and families of victims who suffered as a result of his March 25 Directive. Members on both sides pressed Mr. Cuomo on his lack of empathy and callous remarks related to undercounted mortality rates in nursing homes. Chairman Wenstrup concluded the hearing by pointing out that Mr. Cuomo was not on trial today, yet he still declined to participate in the discussion of what happened in New York and how Americans can ensure this tragedy never happens again. The Select Subcommittee is committed to conducting an after-action review of the COVID-19 pandemic and will continue to appropriately hold individuals — such as Mr. Cuomo and his administration — accountable.
Key Hearing Takeaways
- The Select Subcommittee on the Coronavirus Pandemic held former New York Governor Andrew Cuomo publicly accountable for his involvement in issuing the disastrous March 25 Directive — which forced nursing homes to accept COVID-19 positive patients — and publicly exposed his efforts to cover-up the tragic aftermath of his Administration’s deadly decision.
- Although the hearing was an opportunity for Mr. Cuomo to take responsibility for this wrongdoing and provide the victims’ families and friends with the answers and honesty they deserve, he instead continued to deflect any blame and was defensive.
- In one stunning exchange, Mr. Cuomo further conceded that he never talked to the Centers for Disease Control and Prevention (CDC) or the Centers for Medicare and Medicaid Services (CMS) about the science behind the March 25 Directive before or after issuing it.
- Members grilled Mr. Cuomo on the most important findings of the Select Subcommittee’s two-year investigation into New York’s pandemic response — including that the March 25 Directive was withdrawn because of “public relations” and that Mr. Cuomo’s Administration made a deliberate decision in its accounting of nursing home deaths to exclude out-of-facility deaths.
- Mr. Cuomo and his team prompted and edited an official New York State Department of Health (NYSDOH) report that was drafted to combat criticism of the March 25 Directive. Despite their claims to the contrary, this report is not “scientific” nor was it “peer reviewed.”
- The Select Subcommittee announced a subpoena to the Governor’s Office of the State of New York to compel production of every document Governor Kathy Hochul has been withholding related to the former Governor’s failed pandemic policies.
Member Highlights
Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-Ohio), D.P.M, elicited a concession from Mr. Cuomo that he did not speak to CDC or CMS before or after mandating New York nursing homes admit COVID-positive patients. This contradicts Mr. Cuomo’s narrative that his March 25 Directive followed CDC and CMS guidance.
Chairman Wenstrup: “My question was, did you ever speak with anyone, you, Governor Cuomo, did you ever speak with anyone at CMS or CDC about the directive beforehand? You, Governor Cuomo.”
Mr. Cuomo: “You asked that question. And I answered the question, and I said, no.”
Chairman Wenstrup: “Thank you. Not even after, correct?”
Mr. Cuomo: “I said yes. And they never called me after. You would think if they had a problem with the directive, they would have called, if it was so outrageous.”
Chairman Wenstrup: “You didn’t even call to ensure that you were what you were declaring was accurate. Yes, or no?”
Mr. Cuomo: “I don’t know if the Department of Health…”
Chairman Wenstrup: “Did you, Governor Cuomo, right now, I’m talking to you, Governor Cuomo, did you even attempt to ensure that what you were declaring was accurate? I’m asking you. I don’t want to hear about anyone else.”
Mr. Cuomo: “Okay. Department of Health issued 400 advisories, several per day. I did not speak to CMS about 400 advisories.”
Chairman Wenstrup: “Thank you. In fact, no one we interviewed said they consulted with them to ensure the applicable science was being followed.”
Committee on Oversight and Accountability Chairman James Comer (R-Ky.) pressed Mr. Cuomo on his Administration’s role in editing a NYSDH Report that blamed nursing homes — not the March 25 Directive — for excess COVID-19 deaths. Chairman Comer revealed the fact that this report was personally edited by Mr. Cuomo and his staff.
Chairman Comer: “On July 6, 2020, the Department of Health issued the report you requested. Was this report peer reviewed?”
Mr. Cuomo: “I don’t know.”
Chairman Comer: “It was not. Was this report in a medical journal?”
Mr. Cuomo: “It was not.”
Chairman Comer: “Was the Executive Chamber involved in the drafting and editing of the report?”
Mr. Cuomo: “I’m sure the Executive Chamber was involved.”
Chairman Comer: “It was. So, you requested a report on the facts, and you got a report that was not peer reviewed, not in a medical journal, and drafted and edited by the very body accused of wrongdoing.”
House Republican Conference Chair Elise Stefanik (R-N.Y.) grilled Mr. Cuomo for negotiating a $5 million book deal after his Administration’s disastrous March 25 Directive caused the death of thousands of elderly Americans.
Chair Stefanik: “My question to you is, why were you negotiating for your multimillion dollar advance deal for your book as seniors were dying in nursing homes? That is the question in front of you.”
Mr. Cuomo: “You can’t make up facts, Congresswoman.”
Chair Stefanik: “You’re the one making up facts. You’re the one who undercounted nursing home deaths. You’re the one who I want to ask right now. You apologized today, but there are families sitting here, I want you to turn around, look them in the eye, and apologize, which you have failed to do. Will you do it?”
Mr. Cuomo: “This is not about political theater.”
Chair Stefanik: “No, this is about accountability.”
…
Chair Stefanik: “This Order was under your name. It was counter to CDC and CMS. This is about those seniors, Governor. They deserve to hear from you, in the eye, that you apologize that you were negotiating for a multimillion-dollar book deal. It is a disgrace. There is a reason why you are the former governor of New York state and you will never hold elected office again.”
Representative Nicole Malliotakis (R-N.Y.) dismantled Mr. Cuomo’s deceitful opinion piece published ahead of his public hearing that attempted to shift blame away from his Administration and onto his political opponents. Rep. Malliotakis held him publicly accountable for these falsities.
Rep. Malliotakis: “I planned a series of question but after reading your opinion piece in the Sunday’s Daily News and hearing your testimony here today, I’ll use my time to correct the half-truths and lies that insult New Yorkers.
“You cite CMS data to claim New York had the 12th lowest death rate at the end of 2020, however, CMS began collecting data in mid-May, so that deaths, when your deadly Directive was in full force, were not included. Your Administration reported 6000 deaths. The true toll was 11,400 — nearly double.
“You assert your March 25 directive never mandated nursing homes to admit COVID-positive patients. This is false. Your directive very clearly says ‘no resident shall be denied,’ and it prohibited COVID testing before admission.
“In your op-ed and again today, you claim that the Directive mirrored CDC guidelines. This is also false. Both CMS and CDC use permissive language like ‘can’ and ‘should,” not ‘shall’ and ‘must.’
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“You claimed that the March 25 Directive was to protect hospital capacity, but you had the US Navy Comfort Ship and the Javits Center deployed, and it remained underutilized.
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“You’ve tried to blame everyone, including the CDC, the CMS, nursing home operators, nursing home staff, and unidentified an unidentified DOH directive that supposedly sent out this Directive…but the buck stops with you.”
Rep. Mariannette Miller-Meeks (R-Iowa), M.D., asked Mr. Cuomo why his destructive March 25 Directive prohibited nursing homes from testing patients before admission or readmission. Instead of providing COVID-19 tests for the most vulnerable, Mr. Cuomo prioritized testing for his family in the Hamptons.
Rep. Miller-Meeks: “The State Health Commissioner tried shifting the blame by claiming most nursing home deaths were from asymptomatic staff who unknowingly transmitted infection. As a former State Public Health Director, I find it completely appalling and disrespectful that you tried to conscript your own Health Department and covering up your harmful policies. You prohibited nursing homes from requiring testing. The CMS guidance allowed you and allowed nursing homes, allowed states, to have a decision in who got admitted if they had proper allocation and proper separation in facilities. However, if you had an infection control program, as you said, here today now, that prohibited someone infectious from being admitted to a nursing home, why would you tie the hands of nursing homes by prohibiting testing? You said, how was COVID getting into nursing homes? How in the hell would you know if you prohibited testing? Testing was available. The CDC made mistakes in their testing, we understand that, but you prohibited nursing homes from testing individuals coming from hospitals who could have easily had COVID-19.”
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