NYS DOH Nursing Home Factors Report
NYS DOH Nursing Home Factors Report
NYS DOH Nursing Home Factors Report
2
Executive Summary
In an effort to learn for the future from the data now available from the earliest days of
the first in a century pandemic that swept across the globe and into the United States, the New
nursing home data that finds that COVID-19 fatalities in nursing homes were related to infected
• The timing of staff infections correlates with the timing of peak nursing home resident
mortality across the state;
• Nursing home employee infections were related to the most impacted regions in the state;
• Peak nursing home admissions occurred a week after peak nursing home mortality,
therefore illustrating that nursing home admissions from hospitals were not a driver of
nursing home infections or fatalities;
• Most patients admitted to nursing homes from hospitals were no longer contagious when
admitted and therefore were not a source of infection; and,
According to data submitted by nursing homes, in many cases under the penalty of
perjury, approximately 37,500 nursing home staff members—one in four of the state’s
approximately 158,000 nursing home workers—were infected with COVID-19 between March
and early June 2020. Of the 37,500 nursing home staff infected, nearly 7,000 of them were
working in facilities in the month of March; during the same period, more than a third of the
state’s nursing home facilities had residents ill with the virus. Roughly 20,000 infected nursing
home workers were known to be COVID-positive by the end of the month of April. These
workforce infections are reflective of the larger geographic impact of the virus’s presence across
the state.
3
NYSDOH further analyzed the timing of the COVID-positive staff infections and the
timing of nursing home deaths. Based on published data, the average length of time between
COVID-19 infections to death is between 18-25 days.1 Therefore, the link between the timing of
staff infection and nursing home mortality is supported by the fact that the peak number of
nursing home staff reported COVID-19 symptoms on March 16, 2020—23 days prior to the date
of the peak nursing home fatalities, which occurred on April 8, 2020. It is likely that thousands
NYSDOH also examined the potential impact of the NYSDOH’s March 25,
2020 admission policy. A survey conducted by NYSDOH shows that approximately 6,326
COVID-positive residents were admitted to facilities between March 25, 2020 and May 8, 2020;
this finding is supported by an independent analysis done by the Associated Press on May 22,
2020.2 However, an analysis of the timing of admissions versus fatalities shows that it could not
A causal link between the admission policy and infections/fatalities would be supported
through a direct link in timing between the two, meaning that if admission of patients into
nursing homes caused infection—and by extension mortality— the time interval between the
admission and mortality curves would be consistent with the expected interval between infection
and death. However, the peak date COVID-positive residents entered nursing homes occurred
1
Verity R, Okell LC, Dorigatti I, et al. Estimates of the severity of coronavirus disease 2019: a model-based esti-
mate. Lancet Infect Dis 2020;20: 669–77. See also Flaxman S, Mishra S, Gandy A, et al. Report 13: Estimating the
number of infections and the impact of non-pharmaceutical interventions on COVID-19 in 11 European countries.
Imperial College London (30-03-2020).
2
Condon, Bernard, Jennifer Peltz, and Jim Mustain, Over 4,500 virus patients sent to NY nursing homes, Associated
Press (May 22, 2020) located at https://apnews.com/5ebc0ad45b73a899efa81f098330204c.
4
on April 14, 2020, a week after peak mortality in New York’s nursing homes occurred on April
8, 2020. If admissions were driving fatalities, the order of the peak fatalities and peak admissions
NYSDOH further analyzed the period of time patients stayed in hospitals prior to
admission to nursing home facilities. Preliminary data show that residents were admitted to
nursing homes a median of 9 days after hospital admission. Health experts believe that
individuals infected with the virus are most infectious 2 days before symptoms appear and that
they are likely no longer infectious 9 days after symptom onset – thus, by the time these patients
were admitted to a nursing home after their hospital stay, they were no longer contagious.3
NYSDOH also considered the impact of visitation into nursing homes as a cause of
infections. A review shows that prior to nursing home visitation being suspended completely on
March 13, 2020, there was no tracking or testing of family and friends who were present in the
facility, and any asymptomatic or symptomatic visitor could have been granted access. Given
what we now know about how widespread the virus was in New York prior to testing availability
in February and early March, there is a high likelihood that COVID-positive visitors entered
nursing homes, although there is no specific data to support this assumption, and so ultimately
this is inconclusive.
3
Centers for Disease Control and Prevention, Symptom-Based Strategy to Discontinue Isolation for Persons with
COVID-19, (Updated May 3, 2020) located at https://www.cdc.gov/coronavirus/2019-ncov/community/strategy-
discontinue-isolation.html.
5
Background4
Nations all across the globe have been significantly impacted by COVID-19. The
situation rapidly and dramatically altered everyday life—requiring social distancing, closing of
schools and businesses, and restricting access to hospitals and other congregate facilities.
New York State was one of the earliest states affected by COVID-19 resulting from
inbound travel from Europe.5 On March 1, 2020, NYS identified its first case of COVID-19 in an
international traveler. On March 3, 2020, the first COVID-19 case with no travel-related risk
factors was identified in Westchester, NY; contact tracing revealed additional infected contacts.
Congregate settings, like nursing homes, are particularly vulnerable to infectious diseases
like COVID-19,6 and many states and nations around the world have had to grapple with this
difficult situation. The first known positive COVID-19 nursing home case in the United States
was discovered when a Kirkland, Washington resident was transferred to a hospital on February
24, 2020 and later tested positive. In New York, the first introduction of COVID-19 into a
nursing home known at the time occurred on March 5, 2020 when a nursing home staff member
tested positive; the first confirmed case of COVID-19 in a nursing home resident known at the
New York State has approximately 100,000 nursing home residents housed in 613
nursing home facilities statewide. Although an analysis conducted by the Kaiser Family
Foundation in 2017 found that New York State has more nursing home residents than any state
in the nation, despite being the fourth most populous state (Appendix A), New York’s nursing
4
The New York State Department of Health staff was supported by McKinsey & Company.
5
Gonzalez-Reiche AS, Hernandez MM, Sullivan M, et al, Introduction and Early Spread of SARS-CoV-2 in New
York City, Science (May 29, 2020) doi: 10.1126/science.abc1917. Online ahead of print.
6
Centers for Disease Control and Prevention, Nursing Homes and Assisted Living (Long Term Care Facilities
[LTCFs]), (June 26, 2020) retrieved from https://www.cdc.gov/longtermcare/index.html.
6
homes fatalities are not anomalous or disproportionate to the rest of the country. Data
demonstrates that COVID-19 has been a challenge for nursing home facilities nationwide.
According to an analysis done by the New York Times on June 26, 2020, “at least 54,000
residents and workers have died from the coronavirus at these facilities for older adults in the
United States, and as of June 26th, the virus has infected more than 282,000 people at some
12,000 facilities.” The same New York Times analysis found that in terms of the percentage of
total deaths in nursing homes, New York State ranked 46th in the nation—meaning 45 states had
fatalities at these facilities were not a New York-specific phenomenon: Connecticut reports
3,124 deaths in these facilities, New Jersey reports 6,617, and Massachusetts reports 5,115, to
New York’s 6,432 fatalities. Looking at this on a per capita basis of nursing home deaths versus
total population, Connecticut had 86 nursing home/long term care resident deaths for every
100,000 people, New Jersey 75 for every 100,000, Massachusetts 74 for every 100,000 people,
Pennsylvania 35 for every 100,000 people, while New York had 33 for every 100,000 (Appendix
C).
The New York State Department of Health (NYSDOH) undertook aggressive steps to
prepare healthcare facilities for COVID-19 to prevent and control the spread of COVID-19 in the
state’s 613 nursing homes, issuing orders, directives and guidance to nursing homes on a variety
of topics. For example, knowing personal protective equipment (PPE) would be critical and that
there could be shortages because of global demand, on February 6, 2020 NYSDOH issued a
7
43% of U.S. Coronavirus Deaths Are Linked to Nursing Homes, New York Times (June 27, 2020) located at
https://www.nytimes.com/interactive/2020/us/coronavirus-nursing-
homes.html?action=click&module=Spotlight&pgtype=Homepage. The New York Times uses nusing homes and
long term care facilities in their analysis.
7
letter to all nursing homes stating, “The Department asks all facilities to compare their existing
inventories of PPE, such as face shields, gowns, gloves, masks, N95 respirators, against the
expected rate of use of these items under a surge situation, to determine the quantities needed to
be on hand” and then to coordinate with existing vendors and local offices of emergency
management to procure additional PPE.8 Over the course of the crisis, New York State provided
nursing homes with an unprecedented 8,510,729 pieces of PPE for their workers and others.
facilities (February 25, 2020), specific nursing home infection control, and health and safety
guidance (March 6, March 11, & March 13, 2020). On March 13, 2020 NYSDOH mandated
staff temperature checks at the beginning of each shift, mandated use of face masks by all staff,
and cancelled congregate activities within nursing homes. The same day, Governor Cuomo
issued an executive order banning all nursing home visitation statewide, expanding an order
issued days earlier in New York’s first known ‘hot spot’ New Rochelle on March 7, 2020.
Moreover, the state created strict penalties for non-compliance, including the potential for a
On May 10, 2020, New York State mandated twice-weekly testing of staff for nursing
homes in regions of the state operating in phases I and II of reopening, and once-weekly testing
for all nursing homes in phase III and beyond. NYSDOH surveyors and epidemiologists
conducted over 2,000 calls, video assessments, and in-person assessments to support nursing
homes and assess compliance with infection control and prevention practices and bring
8
Letter from NYSDOH Commissioner Howard A. Zucker to all nursing home operators (February 6, 2020).
8
Analysis of COVID-19 Nursing Home Fatalities
nursing homes. We compared and analyzed the following nationwide data and factors—many of
which have been suggested as potential causes of nursing home infections—to determine
correlation, including:
II. Potential transmission from residents with COVID-19 who were admitted to the
nursing homes;
IV. The age of the nursing home residents as a factor for mortality.
Since New York State’s first confirmed COVID-19 case on March 1, 2020, until July 5,
2020, New York State has tested 4,233,803 people with 397,131 testing positive.9 Within New
York State, there has been significant geographic variation in overall positive tests by region
(Figure 1) and within nursing home cases and fatalities. The most impacted regions in New
York State were in the downstate region (Mid-Hudson Valley, New York City, and Long Island)
9
See New York State Department of Health COVID Tracker at https://covid19tracker.health.ny.gov/views/NYS-
COVID19-Tracker/NYSDOHCOVID-19Tracker-Map?%3Aembed=yes&%3Atoolbar=no&%3Atabs=n.
9
Figure 1. Persons Testing Positive for COVID-19 by County, July 5, 2020
As Figure 2 demonstrates10, the mortality curve for nursing home residents closely
follows the mortality curve for non-nursing home residents, with the peaks occurring at similar
dates. As Figure 2 also illustrates, the peak was in early April suggesting the virus was spreading
in many instances much earlier than first thought. An independent antibody study found that
public infections and infections in nursing homes. Many of the nursing home residents were in
those areas most impacted in New York State, including in the outer boroughs of New York
10
This trend with a similar 3 city survey found in a recent article in the Journal of the American Medical Associa-
tion. See: Michael L. Barnett, Hu, Lissy, et al, Mortality, Admissions, and Patient Census at SNFs in 3 US Cities
During the COVID-19 Pandemic, JAMA. Published online (June 24, 2020), doi:10.1001/jama.2020.11642.
11
Mandavilli, Apoorva, In Early February, the Coronavirus Was Moving Through New York, New York Times
(June 30, 2020) located at https://www.nytimes.com/2020/06/30/health/coronavirus-ny.html.
10
City, Long Island, and the Mid-Hudson Valley. For example, 80% of all infected nursing home
staff were from the most impacted areas of the state: New York City (48%), Long Island (17%),
and the Mid-Hudson Valley (15%) with only 20% coming from the rest of the state. Not only
was the number of nursing home staff significant, they were found in the most impacted regions,
Figure 2: Comparison of Non-Nursing Home and Nursing Homes COVID-19 Fatalities Over Time
SOURCE: NYSDOH Daily Health Emergency Response Data System (HERDS) as of June 16, 2020.
Evidence suggests that nursing home residents were infected with COVID-19 as a result
conducted on June 9, 2020 for the months of March, April, and May, 28,510 nursing home staff
Between May 20, 2020 and June 16, 2020, following Governor Cuomo’s Executive
Order mandating twice-weekly staff testing resulted in approximately 9,000 staff tested positive.
That means that out of approximately 158,000 nursing home employees in the state,
approximately 37,500 nursing home staff were presumed or confirmed positive for COVID-19—
11
Figure 3. Number of Nursing Home Employees Confirmed or Suspected To Be COVID-Positive,
March 2020-May 2020
SOURCE: NYSDOH Nursing Home Staff Testing Survey, June 8, 2020, data reported by NYS nursing homes
to NYSDOH.
Additional studies support this finding and suggest the number of staff infections could
have been even higher. A May 2020 serological study conducted by the lab BioReference of
roughly 3,500 nursing home employees in New York State found that 29% of the nursing home
staff tested positive for having the COVID-19 antibodies.12 Extrapolating that number, up to
45,820 nursing home staff were infected by May—or nearly one in three workers.
Why were infected nursing home staff able to likely infect residents in the nursing
homes? In March, the federal government’s Centers for Disease Control and Prevention (CDC)
did not suspect that asymptomatic people were likely to spread the infection. First, there was no
CDC recommendation for testing nursing home staff until recently, and the CDC guidance issued
during February, March, and April varied in its recommendations, or lack of recommendations,
12
BioReference Laboratories, Inc, Health's BioReference Laboratories Reports Results of COVID-19 Testing for
Almost One Quarter of a Million Nursing Home and Live-in Facility Employees, (July 1, 2020) located at
https://www.prnewswire.com/news-releases/opko-healths-bioreference-laboratories-reports-results-of-covid-19-
testing-for-almost-one-quarter-of-a-million-nursing-home-and-live-in-facility-employees-301086786.html.
12
for when asymptomatic recovering or exposed healthcare workers could work, a reflection of the
Moreover, CDC also issued guidance on March 7, 2020 that stated certain asymptomatic
healthcare personnel exposed to others with the virus were “not restricted from work.”13 This
early, and ultimately erroneous, understanding of viral spread allowed many nursing home
COVID-positive employees to continue working. It was not until much later, as the true number
of asymptomatic cases became clear, that evidence based upon contact tracing established
definitively that asymptomatic people were in fact capable of spreading the virus.
To compound the situation, on March 16th the CDC issued guidance that nursing home
employees who were symptomatic, but not tested, should wait only three days after the
symptoms had passed to return to work and only seven days after the COVID-19-like symptoms
first appeared.14 As more was learned about COVID-19, CDC issued updated guidance on April
13th for asymptomatic workers and April 30th for symptomatic workers by increasing isolation to
10 days.15 However, by that point, as data show, the disease was already at its peak in the
13
Centers for Disease Control and Prevention, Interim U.S. Guidance for Risk Assessment and Public Health Man-
agement of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with Coronavirus Dis-
ease (COVID-19), (March 7, 2020). CDC did not recommend changing the beginning of the exposure period from
the onset of symptoms to “48 hours before symptom onset” until April 2020.
14
Centers for Disease Control and Prevention. Criteria for Return to Work for Healthcare Personnel with Confirmed
or Suspected COVID-19 (Interim Guidance), (March 16, 2020) retrieved from
https://web.archive.org/web/20200404023742/https://www.cdc.gov/coronavirus/2019-ncov/hcp/return-to-
work.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fhealthcare-
facilities%2Fhcp-return-work.html.CDC issued guidance regarding return to work for health care personnel but did
not address asymptomatic COVID-19 positive healthcare personnel. Therefore, on March 31st, NYSDOH guidance
issued to address this by applying the non-test based strategy to these individuals to exclude them for at least 7 days
after the positive test result. See Updated Protocols for Personnel in Healthcare and Other Direct Care Settings to
Return to Work Following COVID-19 Exposure or Infection (March 31st, 2020). This directive has since been
superseded.
15
Centers for Disease Control and Prevention, Return to Work for Healthcare Personnel with Confirmed or
Suspected COVID-19, (April 13, 2020) retrieved from
https://web.archive.org/web/20200417211515/https:/www.cdc.gov/coronavirus/2019-ncov/hcp/return-to-
work.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fhealthcare-
facilities%2Fhcp-return-work.html; CDC, Criteria for Return to Work for Healthcare Personnel with Suspected or
Confirmed COVID-19 (Interim Guidance) (April 30, 2020) located at https://www.cdc.gov/coronavirus/2019-
ncov/hcp/return-to-work.html.
13
nursing homes (Figure 2). It is likely that a significant percentage of both mildly symptomatic
and asymptomatic employees were advised to continue working during March and April and
thus unknowingly spread the disease within the facility. The entire situation was further
compounded by the lack of testing nationwide capacity in March, making it impossible to have
As Figure 4 illustrates below, the peak of nursing home fatalities was in early April. In
order to address possible correlation, you must consider COVID-19’s incubation period.
Given this incubation period, it is likely that thousands of employees infected in mid-
March could have unknowingly—through no fault of their own— transmitted the virus while
working, which then led to resident infection, something that Figure 4 demonstrates. The
average length of time between infections to death is between 18-25 days. Therefore, an analysis
of the timing between known nursing home staff infections and nursing home fatalities indicates
that they are correlated due to the fact that the peak number of nursing home staff reporting
COVID-19 symptoms occurred 23 days prior to the date of the peak nursing home fatalities.
16
Centers for Disease Control and Prevention, Interim Clinical Guidance for Management of Patients with
Confirmed Coronavirus Disease (COVID-19), (Updated May 29, 2020) located at
https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html.
14
Figure 4. Number of Nursing Homes Reporting First Symptomatic Staff and Nursing Home
Resident Fatalities Timeline
SOURCES: NYSDOH Nursing Home Staff Testing Survey, June 8, 2020, data reported by NYS nursing
homes to NYSDOH and NYSDOH Daily Health Emergency Response Data System (HERDS) survey.
However, other factors that cannot be ruled out include spread from family and visitors.
As Figure 4 illustrates, nursing home fatalities were increasing in mid-March. New York State
acted early in its outbreak to ban any non-medical visitation, including family and friends, on
March 13, 2020. The nursing home fatality peak was April 8, 2020. Given this timing, and given
the COVID-19 incubation period, it is possible that with visitation by family and friends prior to
March 13th, the potential for positive COVID-19 cases being among those visitors and spreading
it within the facility was a contributing factor. There is no data on the infection rate of nursing
home visitors, so this is inconclusive. All of this activity well pre-dated the March 25 admission
15
II. Potential Transmission from Residents with COVID-19 Who Were Admitted to the
Nursing Homes
One of the factors that has been suggested by some observers to contribute to nursing
home infections and subsequent fatalities is that the admission of COVID-positive residents
introduced COVID into nursing homes. However, data does not support this assertion.
If the March 25th NYSDOH policy on admissions uniquely impacted nursing home
fatalities, New York’s—and the roughly 12 other states with similar policies—nursing home
fatalities would be disproportionate to the rest of the country. Not only has a recent report by the
New York Times, found that New York’s nursing home fatalities were not disproportionate to the
rest of the nation (See, Background, Infra.), neighboring states—despite having populations
much lower than New York’s—illustrates that on a per capita basis, New York has one of the
lowest fatality rates in nursing homes of any of its neighboring states (Appendix C).
New York State followed the federal government’s Centers for Medicare & Medicaid
Services (CMS) guidance which stated that nursing homes should accept residents with COVID-
19 as long as they can use transmission-based precautions.17 The federal guidance specifically
states, “Nursing homes should admit any individuals that they would normally admit to their
facility, including individuals from hospitals where a case of COVID-19 was/is present.”18
NYSDOH’s March 25, 2020 admission guidance stated, “No resident shall be denied re-
17
U.S. Centers for Medicare and Medicaid Services, Guidance for Infection Control and Prevention of Coronavirus
Disease 2019 (COVID-19) in Nursing Homes (Revised) (Report Ref: QSO-20-14-NH), (March 13, 2020),
Baltimore MD: US Centers for Medicare and Medicaid Services.
18
Id at page 5.
16
COVID-19” (emphasis added).19 However, contrary to some press reports, neither CMS
guidance nor the state ever directed that a nursing home must accept a COVID-positive person.
In fact, the opposite is true. By state law, a nursing home could not accept a COVID-positive
person unless the nursing home could provide adequate care. Title 10 of New York State Codes,
Rules and Regulations clearly states a nursing home, “shall accept and retain only those nursing
home residents for whom it can provide adequate care.”20 It was in the nursing homes’ sole
discretion to determine if they would accept the COVID-positive person and if they could
provide adequate care. Thus, it would be against the law for any nursing home operating in New
York State to accept a patient it could not care for—in this instance that specifically meant a
nursing home’s ability to properly isolate patients and follow protective procedures.
A statewide nursing home survey conducted by NYSDOH for admission data from
March 25, 2020- May 8, 2020 show that approximately 6,326 COVID-19 patients were admitted
from a hospital to a total of 310 unique nursing homes. Of the 310 nursing homes that admitted
COVID-19 patients, 252 of them already had a suspected or confirmed COVID-positive resident,
COVID-positive patient—meaning the admission of a COVID patient did not introduce COVID
into the nursing home as it was already present. Furthermore, 222 of the state’s nursing homes
already had residents with confirmed or suspected COVID-19 prior to the March 25, 2020
NYSDOH guidance.
19
NYSDOH, Advisory: Hospital Discharges and Admissions to Nursing Homes (March 25, 2020).
20
See Title 10 of the New York State Code of Rules and Regulations, section 415.26, (ii).
17
Figure 5. Nursing Home Fatality Curve and Admissions Over Time
SOURCE: NYSDOH Facility Survey as of May 27, 2020 for COVID Positive Admissions from March 1, 2020 -
May 8, 2020.
Figure 5 above shows the timeline of nursing home resident fatalities and COVID-19
admissions. Nursing home resident fatalities peaked on April 8, 2020. The peak of nursing
home admissions from hospitals did not occur until April 14, 2020, a week after peak nursing
Further, as Figure 5 shows, admissions of residents with COVID-19 were still increasing
when the number of nursing home deaths was already declining. If the March 25, 2020 guidance
was the major cause of exposures leading to nursing home deaths, the time interval between the
admission and mortality curves would be consistent with the expected interval between infection
and death. Figure 6 shows a comparison of the number of COVID positive admissions versus
18
Figure 6. Comparison between Infected Nursing Home Employees and Resident Admissions
SOURCE: NYSDOH facility survey March 25, 2020 to May 8, 2020 Admissions and DOH Facility Staff
Illness Survey.
In addition, the data suggests that people admitted from hospitals to nursing homes were
most likely not contagious. Per CDC data, COVID-positive individuals are likely not capable of
transmitting the virus after 9 days from the onset of the illness. The CDC stated, “The
10 days.”21 This comports with the CDC policies related to return to work and removal from
isolation precautions after a positive COVID test. CDC isolation period has been currently
established to be 10 days. In April, the CDC suggested an even more reduced isolation period of
7 days after testing positive as long as 72 hours had been with symptoms reducing and no
fever.22 After this date, infected persons are unlikely to transmit the virus, although it may still
21
Centers for Disease Control and Prevention, Symptom-Based Strategy to Discontinue Isolation for Persons with
COVID-19, (Updated May 3, 2020) located at https://www.cdc.gov/coronavirus/2019-ncov/community/strategy-
discontinue-isolation.html.
22
Centers for Disease Control and Prevention, Return to Work for Healthcare Personnel with Confirmed or
Suspected COVID-19, (Updated April 13, 2020) retrieved from
https://web.archive.org/web/20200417211515/https:/www.cdc.gov/coronavirus/2019-ncov/hcp/return-to-
work.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fhealthcare-
facilities%2Fhcp-return-work.html.
19
result in a positive PCR test. Length of stay data shows that for nursing home admissions, the
length of hospital stay was a median of 9 days. This is likely beyond the period of viral
transmission. According to researchers and health experts, individuals with COVID-19 are most
infectious 2 days before symptoms appear and likely no longer infectious 9 days after symptom
onset.2324
COVID Admissions
Admissions into nursing homes are patients who went to the hospital from a nursing
home, were treated and returned back to their nursing home. By definition these patients could
not have been responsible for introducing COVID into their nursing home, as they had COVID
prior to going to the hospital for treatment and before being readmitted. These residents were
pre-symptomatic or in the early stages of illness at the nursing home when they would have been
infectious but before COVID-19 might have been recognized and the resident put on
transmission-based precautions. Therefore, based on the most cautious current provisions, most
patients readmitted to nursing homes were likely not infectious, for the time they were being
23
Zou L, Ruan F, Huang M, et al. SARS-CoV-2 Viral Load in Upper Respiratory Specimens of Infected Patients. N
Engl J Med 2020;382:1177-9.
24
He, X., Lau, E.H.Y., Wu, P. et al. Temporal dynamics in viral shedding and transmissibility of COVID-19. Nat
Med 26, 672–675 (2020).
20
Did Admissions Increase Mortality?
The data do not show a consistent relationship between admissions and increased
mortality. As exemplified in Figure 7, there were cases where nursing homes did not admit any
COVID-positive patients, yet still had a high number of COVID-related deaths. As the chart
demonstrates, one facility with zero admissions or admissions still had 20 deaths and another had
zero admissions, yet 8 deaths. In fact, 132 nursing homes that had zero admissions from
hospitals nonetheless had one or more COVID-19 fatalities. A total of 97 facilities had their first
20 20
Luxor Nursing and
15
Rehabilitation at
Sayville 10
(Suffolk County) 5
0 0
8 8
Four Seasons
Nursing and 6
Rehabilitation 4
Center
2
(Kings County)
00 0
10 10
Affinity Skilled
Living and 8
Rehabilitation 5
Center
(Suffolk County)
0
Deaths 03/25 03/29 04/02 04/06 04/10 04/14 04/18 04/22 04/26 04/30 05/04 05/08
Admissions
SOURCE: NYSDOH Facility Survey as of May 27, 2020 for Admissions from March 1, 2020 - May 8, 2020.
In addition, some nursing-home specific cases also demonstrate that admissions policies
were not the determinative factor. For example, virtually all of the Cobble Hill Health Facility’s
fatalities happened by April 14, 2020 (43 of the 52); yet Cobble Hill Health Facility had only one
COVID-positive admission and it did not occur until April 30, 2020. Thus, the admission of
21
COVID-positive patients was not a factor in the Cobble Hill Health Facility nursing home
fatalities.
SOURCE: NYSDOH Facility Survey as of May 27, 2020 for Admissions from March 1, 2020 - May 8, 2020.
There was no need for nursing homes to accept COVID-positive patients if they could not
provide adequate care in a safe environment, as required by state law, as there were alternatives
available facilities for such patients. New York State had secured various alternative facilities,
with a significant number of beds suitable for COVID-positive nursing home patients, had any
nursing home declined to accept a COVID-positive patient. During the outbreak, the State even
created COVID-positive exclusive facilities for nursing home residents across the state. In New
York City, the State created the Brooklyn Center in Brooklyn with 281 beds run by Maimonides
and South Beach in Staten Island with 259 beds operational. Upstate, Catholic Health’s St.
Joseph Post-Acute Center (operating under the license of Father Baker Manor Home) was made
a COVID-only facility with 80 beds. In addition, surplus capacity was made available at SUNY
Downstate Hospital in Brooklyn and SUNY Upstate Hospital in Syracuse. Therefore, there was
no need for nursing homes to accept COVID-positive patients if they did not believe they could
provide adequate care, as required by law, as the State had available alternatives. The State
22
Department of Health and Attorney General’s office are doing an investigation to determine,
Further, questions have been raised by the New York Times about the potential profit
motivation by some nursing homes to evict certain low-income patients to be able to accept
COVID-positive patients as the reimbursement for treatment is higher than that for traditional
We analyzed whether nursing homes that had a lower quality rating over the past several
years had a higher death rate than nursing homes with a record of higher star ratings. In fact, this
hypothesis is not substantiated. Using the quality rating system developed by CMS, 5-Star
Quality Rating System, nursing homes with higher CMS quality ratings were found to have
higher mortality rates than those with lower quality ratings. The mortality rate was higher in 5-
star rated facilities (i.e. better rated) than it was in the lowest-rated facilities (12% mortality rate
From the data, the apparent explanation for this phenomenon is that the geographic
location of the nursing home facility, and its corresponding rate of community infection, had a
greater connection than the performance of the nursing home facility. Data show the
25
Jessica Silver-Greenberg and Amy Julia Harris, “‘They Just Dumped Him Like Trash’: Nursing Homes Evict Vul-
nerable Residents” New York Times (June 21, 2020) located at https://www.nytimes.com/2020/06/21/business/nurs-
ing-homes-evictions-discharges-coronavirus.html.
26
NYSDOH Facility Survey as of May 27, 2020 for Admissions from March 1, 2020 - May 8, 2020, Nursing
Homes detail as of May 26, 2020. Facility ratings come from https://data.medicare.gov/Nursing-Home-
Compare/Provider-Info/4pq5-n9py.
23
predominance of nursing home deaths were in downstate New York and unrelated to the
Another factor was reviewed in relation to nursing home fatalities—age of the resident.
As data show, older individuals are more susceptible to death from COVID-19 infection.27 The
analysis between resident age and mortality suggests a relationship between a higher median
resident age and an increase in the mortality rate in downstate New York; this trend was not
evident in the rest of New York where there were fewer nursing homes deaths.
SOURCE: MDS Q4 2019 - Analysis of age of the residents in the nursing homes
27
CDC COVID-19 Response Team. Severe outcomes among patients with coronavirus disease 2019 (COVID-19)—
United States, February 12–March 16, 2020. MMWR Morb Mortal Wkly Rep 2020;69:343–6.
24
Conclusion
When examining the data, several factors are clear from our analysis and research:
• Data suggest nursing home quality is not a factor in mortality from COVID.
• Employee infections were related to the larger community spread and employee
transmission has the strongest correlation to nursing home fatalities.
Comparing nursing home policies and mortality rate timelines suggests COVID-19
transmission is strongly correlated to nursing home employees entering the facility. Early in the
COVID-19 pandemic, the consensus among public health experts suggested asymptomatic
people did not spread the disease and asymptomatic positive or presumed positive employees
were allowed to continue to work. Later in the crisis, public health experts were forced to reverse
this position as it became clear from the data that asymptomatic people could transmit the
disease.
home employees surveyed had COVID antibodies. Extrapolating the data means that
approximately one in three nursing home workers were infected. Such a high percentage of
employees having at one time been positive for COVID-19 suggests a strong correlation to
Our analysis brings to the forefront the possibility of transmission from staff as an
important mode of transmission. If states had accurate information about COVID transmission
at an earlier time and had the testing capacity to detect asymptomatic but infected individuals,
other procedures might have been taken. For example, all asymptomatic employees should have
been barred from facilities as if they were symptomatic, which is the current policy (See,
Directive April 29, 2020 to Nursing Home Administrators). If widespread testing was available
25
earlier, all employees could have been tested earlier (See, Executive Order 202.30, as amended).
These are national issues that must be addressed (e.g. better training of staff, enhanced and rapid
testing, and better coordination with other healthcare facilities) as nursing homes and other
congregate settings will pose a continued risk for the Coronavirus or another public health threat
26
Appendices
27
Appendix A. Nursing Home Facilities, by State
State Number of Nursing Facilities Number of Residents
Alaska 18 608
Delaware 45 4,181
Hawaii 42 3,474
Idaho 71 3,319
28
Mississippi 204 15,950
Montana 72 4,153
Nevada 61 5,336
Utah 99 5,178
Vermont 36 2,440
29
Wisconsin 374 24,239
Wyoming 38 2,428
30
Appendix B. Cases and Deaths in Nursing Homes, by State
Facilities Cases Deaths Share of COVID Deaths
31
28 South Carolina 171 2,541 317 46%
42 Montana 3 35 7 32%
District of
43 Columbia 20 1,072 173 32%
44 Wyoming 4 54 6 30%
48 Hawaii 15 89 1 —
50 Alaska 10 93 0 —
32
Appendix C. Nursing Home Fatalities as a Percentage of Nursing Home Residents and
General Population
33