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Professor Nina Kohn Comments on Nursing Home Protections in New York State

Posted on Friday 6/12/2020
Nina Kohn

NY nursing homes with COVID-19 deaths have liability shield

(PIX11 | June 11, 2020) The New York State Department of Health started investigations many weeks ago about the way COVID=19 deaths are being counted in nursing homes.

Michael Arcuri wants to know if his mother, Louise’s, death on April 16 from COVID-19 pneumonia was listed as a nursing home—or hospital—death.

His 74-year-old mother technically died at Plainview Hospital, across the street from the nursing facility where she contracted coronavirus. Louise Arcuri got sick with a fever five days after a state directive said nursing homes could not turn down patients with COVID-19.

Her son, Michael Arcuri, pointed to a blank line on the death certificate.

“I think it’s like line 4-G,” he said. “It doesn’t have where she was transported from, which is Central Island, right across the street.”

Personal injury lawyer, Sanford Rubenstein, told PIX11 more than 20 families had contacted him ...

... Professor Nina Kohn of Syracuse University, who specializes in elder law, said the New York State legislature really protected nursing home owners and board members with its vote for the provision.

“There’s really no state in the nation that’s granted nursing homes and their owners such broad protection,” Kohn told PIX11. “That’s dangerous for workers; it’s dangerous for residents" ...

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