The Department of Justice will not pursue investigations into New York, Pennsylvania, or Michigan nursing home policies that resulted in thousands of residential COVID-19 deaths.
The DOJ Civil Rights Division alerted the Democratic governors of Michigan, Pennsylvania, New York, and New Jersey in letters this week that it would not proceed with the investigations initiated by the department under former President Donald Trump.
Trump’s DOJ requested in August 2020 that the governors hand over data on nursing home deaths due to COVID-19. The Trump administration argued the blue states enacted policies that allowed nursing homes to readmit residents who had tested positive for the coronavirus, leading to widespread infections and deaths.
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House Minority Whip Steve Scalise, who pushed for investigations into the states’ policies for over a year, slammed the DOJ’s decision to forgo investigations, calling it “outrageous.”
“Where is the justice for nursing home victims and their grieving families?” Scalise said. “Grieving families deserve answers and accountability. It’s unconscionable that Biden’s Department of Justice refuses to investigate the deadly actions that went against CDC’s medical guidance taken in these states.”
Each Democrat-run state has been criticized for a high share of fatalities in nursing homes where the most vulnerable groups live. For instance, New York Gov. Andrew Cuomo’s reputation took a hit earlier this year when evidence arose of a cover-up of the staggering deaths in nursing homes following his March 25 order mandating long-term care facilities take residents regardless of a confirmed or suspected COVID-19 diagnosis.
The purpose of the order was to keep hospitals from being overwhelmed when New York became the first U.S. coronavirus epicenter.
A conversation between staffer Melissa DeRosa and state Democrats over Zoom leaked in February, in which DeRosa admitted the Cuomo administration purposely undercounted nursing home deaths to avoid a federal investigation. New York Attorney General Letitia James issued a report weeks earlier showing the death counts in nursing homes may be 50% higher than what Cuomo’s administration had disclosed.
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The DOJ also said it would proceed with investigations into two specific long-term care facilities in New Jersey in partnership with the state District Attorney’s office, according to a letter sent to Scalise’s office from Deputy Assistant Attorney General Joe Gaeta on Friday.
