senate Resolution No.31
Senator Runestad offered the following resolution:
Whereas, From the earliest stages of the COVID-19 pandemic, it was clear that nursing home residents were in particular danger from COVID-19. One of the earliest outbreaks in the United States occurred in a nursing home in Washington state. Nursing homes are also an inherently high-risk environment for disease transmission because residents live in close proximity to one another, have underlying medical conditions, and are cared for by staff who care for many other residents; and
Whereas, New York Governor Andrew Cuomo and his administration are under investigation for intentionally and significantly understating deaths in nursing homes from COVID-19. Early in the pandemic, Governor Cuomo ordered nursing homes to take in or readmit residents who tested positive for COVID-19. New York Attorney General Letitia James in early March 2020 received and began to investigate complaints regarding COVID-19-related neglect of nursing home residents. On January 30, 2021, New York Attorney General James reported, among other preliminary findings of concern, that the number of nursing home deaths related to COVID-19 were underreported. It has since become clear that the Governor and his staff hid the true number of deaths to avoid criticism and political repercussions; and
Whereas, Governor Gretchen Whitmer and her administration followed a similar policy that required nursing homes to house COVID-19 positive residents. Executive Order No. 2020-50 prohibited nursing homes from prohibiting admission or readmission of a resident based on COVID-19 testing requirements and required their transfer to a dedicated unit within the home or a regional hub, potentially creating further opportunity for spread; and
Whereas, Executive Order 2020-50 created substantial confusion regarding what nursing homes needed to do to comply with the order and care for its residents. Initial guidance was unclear, particularly on reporting requirements, and for more than a month, additional guidance documents needed to be issued to specify and clarify the requirements. Many nursing homes did not have access initially to the required state reporting systems, and it was also reported that nursing homes were informally directed by the administration that they did not have to follow certain requirements in the order; and
Whereas, The initial confusion following the adoption of the state's nursing home policy during one of the most critical periods of the pandemic raises questions regarding the accuracy of reporting at that time. There remain discrepancies in the reporting of deaths and positive COVID-19 cases related to Michigan's nursing homes, and it is not clear if all COVID-19 cases or deaths are being properly attributed, including, but not limited to, how cases and deaths are reported when a resident is transferred to another facility or a hospital; and
Whereas, The situation in New York also raises serious concerns that other states, like Michigan, that followed a similar nursing home policy may have contributed to resident neglect and then attempted to hide the most damning impact of their policy decisions. The people of Michigan deserve an investigation and assurances that the current administration is accurately and transparently reporting its data and to ensure that nursing home residents were not subjected to neglect through the state COVID-19 policy. It is imperative that every person feel confident in the care their loved ones received in nursing homes; and
Whereas, Michigan Attorney General Dana Nessel announced on March 15, 2021, that she will not follow the lead of New York Attorney General James and conduct an investigation into the administration's nursing home policy impact. It is incomprehensible that our state's leading prosecutor and a purported champion for preventing elder abuse refuses to take any action to investigate if the state's nursing home policy may have led to the neglect and death of nursing home residents; now, therefore, be it
Resolved by the Senate, That we denounce Attorney General Dana Nessel's decision not to investigate the Governor's nursing home policy and the reported data on deaths in nursing homes during the COVID-19 pandemic; and be it further
Resolved, That we encourage county prosecutors to fill the gap left by the Attorney General and pursue appropriate and reasonable investigations into the Governor's nursing home policy and the reported data on deaths in nursing homes; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Attorney General and the Prosecuting Attorneys Association of Michigan.