Governor Hochul Subpoenaed Over Controversial Nursing Home Data

The House Committee has subpoenaed Gov. Kathy Hochul for delayed reports that are significant to the investigation into nursing home deaths during the national health crisis.

At a Glance

The head of the congressional panel investigating the pandemic issued a subpoena to Gov. Kathy Hochul for withholding crucial documents related to nursing home deaths.
The subpoena targets BlackBerry messages exchanged during the outbreak between state officials and then-Gov. Andrew Cuomo.
Despite receiving 373,999 documents, the subcommittee claims pertinent documents are still missing.
The missing documents could clarify Cuomo’s role in the controversial March 25, 2020 directive and the underreporting of nursing home deaths.

House Committee Subpoenas Governor Hochul

The House Committee has subpoenaed Gov. Kathy Hochul, urging her to release delayed reports concerning nursing home deaths during the national health crisis. This initiative comes as the committee intensifies its investigation into the reasons behind the high fatality rates in long-term care facilities.

Rep. Brad Wenstrup (R-Ohio), chair of the House Select Subcommittee investigating the national health crisis, criticized Hochul for not being transparent and delaying the investigation. Wenstrup noted that her office did not produce any documents until February 2024, eight months after the initial request.

Delay in Document Submission

Despite the submission of 373,999 documents, the subcommittee insists that critical documents are still missing. This documentation could clarify former Gov. Andrew Cuomo’s role in a March 25, 2020 directive, which required nursing homes to admit patients regardless of their health status, possibly leading to thousands of deaths.

Wenstrup mentioned a “privilege log” produced by the Executive Chamber that was heavily redacted, invoking attorney-client privilege. This raised further concerns about the complete transparency of the documents already provided.

Investigation into Cuomo’s Role

The investigation notably seeks communication records, including Blackberry PIN messages and texts between state officials during the early stages of the pandemic. Additional documents are needed to resolve conflicting testimonies given during the investigation.

“Although you promised to be ‘fully transparent’ regarding (the health crisis) in nursing homes, the Executive Chamber’s decision to withhold responsive documents—without notice to the Select Subcommittee—is anything but transparent, has unjustifiably delayed our investigation, and falls squarely on your shoulders,” said Rep. Brad Wenstrup in a letter to Hochul.

Cuomo has testified that he had no role in drafting a July 6, 2020 report that downplayed the number of deaths, but former aide Jim Malatras indicated that Cuomo was involved. Additionally, emails from McKinsey & Company and Michael Dowling, CEO of Northwell Health, were withheld, further complicating the investigation.

Response from Hochul’s Office

A spokesperson for Hochul confirmed that her office will comply with the subpoena and provide the requested records. However, the ongoing delay in document submission continues to obstruct the investigation, according to the subcommittee.

“While today’s action is surprising, given the Subcommittee’s previous comments expressing appreciation for the State’s prompt and extensive cooperation, we fully intend to comply with the law in this matter,” a representative said in a statement.

The House Committee emphasizes the importance of these documents to understand how the pandemic was managed in New York’s nursing homes. The subpoena aims to bring accountability and transparency to the forefront, ensuring that similar failures do not occur in the future.