By: Fern Sidman

As New York based nursing homes struggle to keep residents and staff safe during the Covid-19 pandemic and as they await vaccinations, it appears that they are also battling to keep their heads above water from a financial perspective.

Since March 25th of this year, New York nursing homes have seen thousands of residents succumb to the dreaded virus. This was due, in large part, to the decision made by New York Governor Andrew Cuomo to allow Covid patients of all ages to be treated at nursing homes. Because the virus was known to be most lethal in elderly patients and those with underlying conditions, co-mordbitities and those who are immune-compromised, the setting for mass infections was set.

Thousands of nursing home patients, who could have survived did not due to the placement of Covid patients at the facilities that they were residing in. This also goes for nursing home staff as well.

As such, adult children are now not opting to place their elderly relatives in nursing homes, at least until the vaccine proves successful in warding off the virus and until nursing homes can keep their residents safe.

In May of this year, AP reported that at least 4,813 people have died from COVID-19 in the state’s nursing homes since March 1, according to a tally released at that time which included people believed to have been killed by the virus before their diagnoses could be confirmed by a lab test.

The number of those who have died as a result of the virus in New York nursing homes is currently at or around 7400.

At the time that the AP report appeared in May, Cuomo has said that if a nursing home becomes overwhelmed by the virus and cannot care for all patients properly, it should ask for help.

The state also urged nursing homes to let local emergency management officials know if they need more personal protective gear. Cuomo said he believed nursing homes were trying their best under difficult conditions.

“The nursing homes we said from day one are the most vulnerable place,” he said.

According to a December 30th report in the New York Post, New York nursing homes  say they’ve been receiving $2,000-a-day fines for not making their daily deadline in which too report data to the state Health Department.

An industry group has said that in addition to this, hundreds of nursing homes have been threatened with even-stiffer, $10,000-a-day penalties over an “unreasonable” requirement to stockpile 60 days’ worth of  personal protective equipment. Such equipment is once again difficult to come by and quite expensive, according to the Post report.

In a letter written by LeadingAge New York CEO James Clyne Jr. and obtained by the Post, administrators at New York nursing homes have also been put on notice that they could lose their operating licenses if they don’t have sufficient amounts of PPE at their respective facilities.

The letter which was dated December 21st and sent to New York State Health Commissioner Howard Zucker, Clyne  described the administrative actions “extraordinarily frustrating and distressing” amid the “many daunting challenges” of the coronavirus crisis, as was reported by the NY Post.

Clyne wrote: “The Department’s draconian approach to these deficiencies, which in many cases are minor or based on unclear or illogical standards, not only diverts facility leaders from very real patient care needs, but also serves to demoralize valuable staff who are already struggling with heavy demands and high levels of stress.”

The Post reported that Clyne said he “was surprised to learn recently that facilities are being cited for submitting a single survey 1 minute late after 8 months of consistent compliance” with the state’s Health Emergency Response Data System.

The HERDS network compiles information that includes “confirmed” and “presumed” deaths from COVID-19 at the states’ 617 nursing homes, according to the Post report.

“The reported April burn rates are an unrealistic measure of current or anticipated PPE need for many facilities, and the use of this benchmark is forcing those facilities to purchase supplies at exorbitant prices that they may never use prior to their expiration,” Clyne wrote.

A total of 294 nursing homes statewide, including 88 in New York City, received a Dec. 2 letter warning that they were “out of compliance” with the PPE requirement, according to the state Department of Health, as was reported by the NY Post.

The Empire Center for Public Policy which is currently suing the Health Department for access to HERDS data is angered at officials for what they call hypocrisy.

Bill Hammond who represents the group said, “They’re being very strict about getting information from other people. But they’re living in a glass house. It’s too bad the people of New York can’t penalize the state for failing to release the same information to the public.”

The Post reported that Health Department spokesman Gary Holmes said, “In our role as regulator, we are confirming that all facilities are prepared for this second wave by ensuring compliance with the PPE requirements. Timely, truthful and accurate reporting is a critically important part of that process. Nursing homes have a legal responsibility to protect their residents and staff,” he added.