Re: Video Report
Joseph Zyiuahndy
The report includes preliminary findings based on data obtained in investigations conducted to date, recommendations that are based on those findings, related findings in pre-pandemic investigations of nursing homes, and other available data and analysis. Based on this information and subsequent investigation, OAG is currently conducting investigations into more than 20 nursing homes across the state. OAG found that:
OAG asked 62 nursing homes (10 percent of the total facilities in New York) for information about on-site and in-hospital deaths from COVID-19. Using the data from these 62 nursing homes, OAG compared: (1) in-facility deaths reported to OAG compared to in-facility deaths publicized by DOH, and (2) total deaths reported to OAG compared to total deaths publicized by DOH.
OAG received numerous complaints that some nursing homes failed to implement proper infection controls to prevent or mitigate the transmission of COVID-19 to vulnerable residents. Among those reports were allegations that several nursing homes around the state failed to plan and take proper infection control measures, including:
In addition, preliminary investigations indicate that when there were insufficient staff to care for residents, some nursing homes pressured, knowingly permitted, or incentivized existing employees who were ill or met quarantine criteria to report to work and even work multiple consecutive shifts, in violation of infection control protocols. These policies put both residents and staff at great risk.
Despite these disturbing and potentially unlawful findings, due to recent changes in state law, it remains unclear to what extent facilities or individuals can be held accountable if found to have failed to appropriately protect the residents in their care.
On March 23, Governor Cuomo created limited immunity provisions for health care providers relating to COVID-19. The Emergency Disaster Treatment Protection Act (EDTPA) provides immunity to health care professionals from potential liability arising from certain decisions, actions and/or omissions related to the care of individuals during the COVID-19 pandemic. While it is reasonable to provide some protections for health care workers making impossible health care decisions in good faith during an unprecedented public health crisis, it would not be appropriate or just for nursing homes owners to interpret this action as providing blanket immunity for causing harm to residents.
This report is the collective product of investigative work undertaken since March 2020 by the Medicaid Fraud Control Unit's (MFCU) 275 attorneys, forensic auditors, police investigators, medical analysts, data scientists, electronic investigation team, legal assistants, and support staff in eight offices across New York. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. MFCU is a part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General for Criminal Justice Jos Maldonado and overseen by First Deputy Attorney General Jennifer Levy.
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While the nation continues to make progress in broadband deployment, many Americans still lack access to advanced, high-quality voice, data, graphics and video offerings, especially in rural areas and on Tribal lands, according to the 2016 Broadband Progress Report adopted by the Federal Communications Commission.
In the Report, the Commission determines that advanced telecommunications requires access to both fixed and mobile broadband services because more Americans use mobile services and devices to access the Internet for activities like navigation, communicating with family and friends and on social media, and receiving timely news updates away from home. The Commission also retains the existing speed benchmark of 25 Mbps download/3 Mbps upload (25 Mbps/3 Mbps) for fixed services, but finds that the current record is insufficient to set an appropriate speed benchmark for mobile service.
While the Commission finds that it is reasonable to apply the same speed benchmarks to all fixed services, including fixed terrestrial and fixed satellite broadband service, the Commission continues to observe different technical capabilities and adoption patterns between fixed terrestrial and fixed satellite service. Because no fixed satellite broadband service meets the 25 Mbps/3Mbps speed threshold as of the reporting period, the Report does not address the question of whether fixed satellite broadband services meeting this speed threshold would be considered to provide advanced telecommunications capability.
This Report concludes that more work needs to be done by the private and public sectors to expand robust broadband to all Americans in a timely way. The FCC will continue working to accelerate broadband deployment and to remove barriers to infrastructure investment, in part by direct subsidies, and in part by identifying and helping to reduce potential obstacles to deployment, competition, and adoption.
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