I was doing some digging on why a large portion of the COVID deaths were from elderly citizens and I found out that governors like Cuomo (Gov of New York) were forcing nursing homes to take infected patients

What’s more, is that I found out that Governor Cuomo banned nursing homes from testing to see if their elderly residents had COVID or not. I also discovered that other governors from other states like Pennsylvania and Michigan were also doing the same thing more or less.

Does anybody know any other states that are having the same issues?

Source: https://nypost.com/2020/08/10/gov-cuomo-is-snubbing-the-victims-of-his-fatal-nursing-home-orders/


The directive which this question relates to was issued on March 25th by the New York State Department of Health. It is now no longer available on their website, but has been archived here. It states:

No resident shall be denied re-admission or admission to the NH [(Nursing Home)] solely based on a confirmed or suspected diagnosis of COVID-19. NHs are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.

Since then, this order has come under quite a substantial amount of scrutiny, but the department has defended itself in a report entitled Factors Associated with Nursing Home Infections and Fatalities in New York State During the COVID-19 Global Health Crisis which was published on July 6th and later revised on July 20th. This report mentions the number of other states which have enacted similar policies:

One of the factors that has been suggested by some observers to contribute to nursing home infections and subsequent fatalities is that the admission of COVID-positive residents introduced COVID into nursing homes. However, data does not support this assertion.

If the March 25th NYSDOH policy on admissions uniquely impacted nursing home fatalities, New York’s—and the roughly 12 other states with similar policies—nursing home fatalities would be disproportionate to the rest of the country. Not only has a recent report by the New York Times, found that New York’s nursing home fatalities were not disproportionate to the rest of the nation (See, Background, Infra.), neighboring states—despite having populations much lower than New York’s—illustrates that on a per capita basis, New York has one of the lowest fatality rates in nursing homes of any of its neighboring states (Appendix C).

It doesn't mention which states these are, but it at least puts an approximate figure on it, at least according to the New York Department of Health. Below are the four states which I'm aware of with similar policies. Note that 'similar' is, of course, subjective, so I've linked to the relevant legislation/directive/executive order/guidance in each case so the reader can decide for oneself.

Michigan - Executive Order 2020-50 (now rescinded)

A long-term care facility must not prohibit admission or readmission of a resident based on COVID-19 testing requirements or results in a manner that is inconsistent with relevant guidance issued by the Department of Health and Human Services (“DHHS”).

Pennsylvania - Interim Guidance for Nursing Care Facilities During COVID-19 (no longer available, archived link)

A positive test result is not a reason to refuse readmission to a resident; rather, adhere to HAN 502.

California - AFL 20-32

SNFs [(Skilled Nursing Facilities)] shall not discriminate admits or readmits, nor transfer or discharge residents based on their status as a suspected or confirmed COVID-19 case. SNFs shall institute appropriate precautions to prevent the spread of infection to health care personnel and other residents as specified in AFL 20-25.2.

New Jersey - Directive - Hospital Discharges and Admissions to Post-Acute Care Settings

No patient/resident shall be denied re-admission or admission to the post-acute care setting solely based on a confirmed diagnosis of COVID-19. Persons under investigation for COVID-19 who have undergone testing in the hospital shall not be discharged until results are available. Post-acute care facilities are prohibited from requiring a hospitalized patient/resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.

  • A listing of states that placed nursing home patients in danger without apologies would be better.
    – paulj
    Aug 12 '20 at 18:03

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