Buying your way out being charged for killing old people
New York Gov. Andrew Cuomo’s directive forcing nursing homes to readmit residents with the coronavirus was easily one of the worst decisions made by a governor during the COVID-19 pandemic.@KayleeDMcGhee https://t.co/RXglY42hiH
— Washington Examiner (@dcexaminer) June 22, 2020
I previously wrote about this scandal on giving nursing homes immunity for not protecting the people in nursing homes. Now McConnell, Trump and democrats are doing it nation wide because money is more important than people’s lives.
NY Dems Created McConnell’s Corporate Immunity Template Amid A Flood of Cash
TMI broke open the news of Cuomo helping a donor shield health care execs from lawsuits — now new data show a lobby group funneled campaign cash to Dem legislators as the bill was being passed.Gov. Andrew Cuomo’s controversial legislation granting nursing home CEOs legal immunity during the COVID-19 pandemic became a template this week for Washington Republicans, who are reportedly finalizing a national version of the liability shield for corporate executives.
Meanwhile, the same health care industry lobbying group has been funneling millions to Democratic lawmakers in Washington, who could soon face votes on the federal version of the New York initiative.
In all, GNYHA delivered more than $450,000 to Democratic and Republican party committees in New York since the beginning of the year. The Healthcare Association of New York State (HANYS) -- another lobbying group whose members benefit from the immunity law -- delivered an additional $69,000 to New York legislators in the same time period.
In an investigative report co-published in Jacobin and The Guardian, TMI previously broke open the news that when Cuomo first proposed the immunity legislation, state party committees that he controls had already raked in more than $1 million from GNYHA. This new data from the first half of 2020 show that the largesse extended to the state legislators whose support Cuomo and GNYHA needed in order to pass the provision into law.
New York’s immunity provision, which passed in April, is one of the farthest-reaching in the nation. It not only shields frontline health care workers from lawsuits during the coronavirus outbreak -- it extends such legal immunity to the executives, board members and other corporate officials who operate health care facilities, and whose staffing and medical policy decisions govern entire nursing homes and hospitals.
~~~GOP Pushes To Expand New York Law To The Entire Country
In Washington, Senate Republicans are proposing to effectively expand New York’s immunity law to all businesses across the country in order to shield them from COVID-related lawsuits by workers and customers who may get sick as the economy reopens. A draft of the proposal says it “provides protection from federal labor and employment laws for employers.”
In April, Democrats criticized the idea of corporate immunity. However, since 2019, GNYHA has delivered $3.5 million to the super PACs that bankroll the election campaigns of House and Senate Democrats, according to campaign finance data compiled by PoliticalMoneyLine.com. That includes $250,000 in May 2020.
The health care industry is reportedly behind the new congressional bill, which could insert a version of the New York statute into federal law.
“Liability protections for healthcare providers are usually handled at the state level, and roughly two dozen states have scrambled to push special protection from lawsuits related to COVID-19,” reports Modern Healthcare, an industry trade publication. “But hospitals, nursing homes and physicians are clamoring for a universal standard to ensure long-lasting, firm federal protections to underpin a widely varying patchwork of state measures.”
No matter how careless an employer or corporation may be it will not be held liable until it has reached the murky and high threshold of gross negligence and only then if the gross negligence can be proven by clear and convincing evidence, a nearly impossible burden for injured persons to meet,” said University of Wyoming law professor Michael Duff, a former National Labor Relations Board investigator. “To top everything off, historically state-law tort claims must be brought in federal court. The purpose of this maneuver is transparently to get cases before defendant-friendly, Republican-appointee judges who will expeditiously dispose of the cases.”/blockquote>
Best to read article at its source.
For further information on how badly nursing homes are regulated see this article.
Nursing home nightmare: One person’s account
If you managed to get out of bed you were leaving bed linen that was often soiled with your uncontrollable bodily fluids. If an aide happened to be in your room, or passing by in the corridor outside you might get help. Or they might ignore your voice. If you pushed the call button a distant chime went off. A flashing light (visible only at night!) clicked on outside your room. Often it was ignored.
Nursing homes have lobbied congress to relax regulations on them that used to keep people safe when they were at the mercy of strangers. Many of them were hell holes even before regulations were rescinded, but I cannot imagine how bad some of them have gotten since then. Especially ones that take mostly Medicaid patients.
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Cuomo Fought
closing down New York because de Blasio was calling for it.
For one week in March Mayor de Blasio was encouraging a "shelter in place" order.
Cuomo scoffed at it and called it unnecessarily alarming. Like a Cold War thing.
By the time Cuomo declared what he termed "a pause," a week had gone by. How many lives did that cost New Yorkers? Add them to the 6,000 nursing home deaths.
NYCVG
Hanlon's razor
There are several versions: Never attribute to malice that which can be adequately explained by stupidity.
I'd offer that stupidity can be replaced by incompetence or ignorance and probably more reasons. I think more needs to be known of Cuomo's reasoning and what, if any, expert medical advice he was offered or received. It's easy to accept that he felt there was no viable alternative and/or the cost of alternatives was a factor. Either way it was a horrendous decision that on the surface could easily be seen by most people with any knowledge of viral epidemics as risky at best. As much as I have little regard for Cuomo as a man or a leader, absent specific knowledge I don't find it certain, but is plausible, he chose to put people back in their nursing homes callously and without regard for their health and safety. I certainly could be wrong. (Edit: This is a pretty wishy washy statement but is the best I can offer without evidence of malice.)
The bigger issues begin with the disgraceful condition of most nursing homes and assisted living facilities in the US. The aged are throwaways for families up to government. Money and the difficulty of the job are both major factors. It is a societal problem that few want to consider much less fix. The NY Covid event simply spotlights the problem that few care enough to do anything.
A law that protects financial interests and and eliminates any legal culpability of corporations and governments for decisions made for financial reasons is about par for the course as well as a terrible idea. Look to the state of health insurance industry. They merrily kill and bankrupt people for financial gain every day despite being contractually required to do what they refuse to do. Enshrine this idea in law and corporations will have one more tool to farm us without our having any recourse to prevent or stop it. That Cuomo is leading the charge is about right.
They could at least allow people to choose humane euthanasia but that would be immoral. Think of the optics! Cruelty under the cover of law is so much the better choice, no?
"Ah, but I was so much older then, I'm younger than that now..."
Nursing Homes
Nursing homes and the elderly are something I know a little about. Not an expert, but as someone who both worked in the nursing home and also worked at a program which provided services to keep people out of them, I will explain some facts about nursing homes.
First off, every nursing home, especially those who accept Medicaid reimbursements are understaffed. The main reason being is that the employees are also underpaid. Most Certified Nursing Assistants (C.N.A.’s) work there for a short time because they can find much better and easier jobs for more money. So there is a constant turnover.
Nursing homes are not equipped to handle any medical problems. Anytime anything medical happens, there is an ambulance to transport the patient to the hospital. That is also why nursing homes did not have any medical equipment on hand. They have never needed it in the past.
The purpose of a nursing home is not to provide any kind of nursing except to make sure that granny takes her pills and keeps her hygiene to an acceptable level. Basically they are nothing more than daycare for old people. Someone to watch your elderly relative so that you can work.
Many older people are encouraged to go there after joint surgery. It is too expensive to stay in the hospital, (Medicare/Medicaid will not pay if you are healthy enough to leave), and that way the physical therapist only has to make one stop. It is one thing to release an otherwise healthy individual who had a knee replacement and needs to exercise to a nursing home, I still do not understand why people were sent there after contracting Covid-19.
I live in a rural county in Florida. In this county, there have only been 11 deaths from this so far. The first 9 were I believe all permanent residents of the local nursing home, which is where I previously worked several years ago.
Thanks for your account on nursing homes
Yes one of the biggest problems with them are that they don't pay their workers enough money and as you say the ones who take Medicaid are some of the worst. I spent a lot of time in nursing homes when I was in my 20's and was appalled at what I saw. I can only imagine how much worse they have gotten as they have been bought by hedge fund types that use them in nefarious financial ways.
The 2nd story I linked was Scheer's first hand account of what he went through and experienced after he was sent to one to recover. I found myself nodding along with what he was saying.
Scientists are concerned that conspiracy theories may die out if they keep coming true at the current alarming rate.
Cuomo is too stupid to know how ignorant he is.
Plus he was too busy yucking it up for rating on the Cuomo/Cuoma daily show. Just another neoliberal hack. (New York would have been better off keeping the prostitute patron in office.)
Cuomo does not get a pass for ignorance.
Nursing homes with various levels of legally defined care and responsibilities are regulated by the state and federal government. Each state has its own inspection program which at minimum utilizes the federal regulations for skilled and intermediate care facilities receiving federal funds. Lesser care facilitates are generally state regulates with fewer inspections.
In his own words.
[video:https://youtu.be/s-98ETlWNTU?t=440]
The dollars involved in lobbying in longterm care is obscene. Learning the methods used to profit is highly educational in the intricacies of predatory capitalism. Patient advocates and quality focused businesses gained significant progress up through the early 2000's. Then the tide changed. When it came time to make a decision for each of my parent's I no longer felt it was a manageable option for their care. Fortunately there were other options available at the time.
There were objections to New York's policy mandated March 25.
Republicans and Democrats are working in cooperation across the isle on an issue that concern both parties. The health of profits for corporations and big business.
Still yourself, deep water can absorb many disturbances with minimal reaction.
--When the opening appears release yourself.
Exactly
Cuomo overrode his health officials who said that it’s not a good idea to put people recovering from COVID in a place where people are high risk for dying from it if they contract it. This is why the immunity deals are so obscene.
As you say they became more horrible after lobbyists started getting regulations rescinded. I got a soft spot in my heart for people in them in my 20's and it’s stayed with since then. Then my brother went into one and it was one of the worst ones I had visited all those years ago. But it was the only one who could do IV's which he needed. It was beyond words when I walked into it. This is probably why I keep writing about this.
Scientists are concerned that conspiracy theories may die out if they keep coming true at the current alarming rate.
your writing shows caring about others
Still yourself, deep water can absorb many disturbances with minimal reaction.
--When the opening appears release yourself.