https://www.nationalreview.com/news/cuomo-claims-obligation-is-on-the-nursing-homes-to-reject-covid-patients-despite-his-march-order-prohibiting-testing/?utm_
New York governor Andrew Cuomo on Wednesday said that nursing homes are obligated to transfer coronavirus patients if they cannot provide “adequate care.”
“The obligation is on the nursing home to say, I can’t take a COVID-positive person,” Cuomo said at a press conference. “The regulation is common sense: if you can’t provide adequate care, you can’t have the patient in your facility and that’s your basic fiduciary obligation — I would say, ethical obligation — and it’s also your legal obligation.”
Cuomo’s March 25 executive order forbid nursing homes from rejecting Covid-positive patients or even testing prospective patients for Covid after they were released from the hospital.
“No resident shall be denied re-admission or admission to the [nursing home] solely based on a confirmed or suspected diagnosis of COVID-19. [Nursing homes] are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission,” the order states.
New York health commissioner Howard Zucker said at the Wednesday press briefing that he was not aware if the state’s Health Department had received any requests from nursing homes to transfer coronavirus patients to other facilities.