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#New York threatens nursing homes with big fines for late reports

#New York threatens nursing homes with big fines for late reports

Nursing homes reeling from the COVID-19 pandemic say they’ve been slapped with $2,000-a-day fines for blowing their daily deadline to report data to the state Health Department — including by as little as one minute, The Post has learned.

In addition, hundreds have been threatened with even-stiffer, $10,000-a-day penalties over an “unreasonable” requirement to stockpile 60 days’ worth of scarce and costly personal protective equipment, an industry group charges.

Nursing home administrators have also been warned they could lose their operating licenses if they don’t have enough PPE on hand, LeadingAge New York CEO James Clyne Jr. complained in a letter obtained by The Post.

In a Dec. 21 letter to state Health Commissioner Howard Zucker, Clyne called the administrative actions “extraordinarily frustrating and distressing” amid the “many daunting challenges” of the coronavirus crisis.

“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,” he wrote.

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, which now total around 7,400.

Clyne also argued that enforcing the PPE-supply rule was unfair, in part because it involves consumption levels from April, during the height of New York’s COVID-19 crisis.

The Isabella nursing home in Manhattan.
The Isabella nursing home in Manhattan.
Matthew McDermott

“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,” he 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.

It’s unclear how many nursing homes were threatened or fined for HERDS-related filing violations.

Bill Hammond of the Empire Center for Public Policy — which is suing the Health Department for access to HERDS data — accused officials of hypocrisy.

“They’re being very strict about getting information from other people. But they’re living in a glass house,” he said.

“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 state Health Department didn’t immediately respond to a request for comment.

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