In the News

Washington, D.C. – 10/2/25… This week, Congressman Mike Lawler (NY-17) sent a letter to HHS Secretary Kennedy, CMS Administrator Dr. Mehmet Oz, and Acting CDC Director Jim O’Neill demanding a written determination on whether New York State’s March 25, 2020, nursing home directive was consistent with federal COVID-19 guidance.

The directive, issued by then-Governor Andrew Cuomo, forced nursing homes to accept thousands of COVID-positive patients, a policy linked to the deaths of more than 15,000 nursing home residents in New York. While the House Select Subcommittee on the Coronavirus Pandemic concluded in its final report that the directive was not consistent with CMS and CDC guidelines, the agencies themselves have never provided a clear written determination.

“More than 15,000 New York nursing home residents died of COVID during the early part of the pandemic. We just passed the grim five-year anniversary of New York’s infamous March 25, 2020, directive, which forced ill-prepared nursing homes to accept 9,056 COVID-19 patients over a six-week period. We are seeking a written determination from your agencies as to whether the New York State Department of Health’s March 25th directive was in compliance with CMS and CDC guidance,” wrote the lawmakers. 

The letter highlights conflicting accounts, including testimony from former federal health officials and statements from former Governor Cuomo, and poses a series of direct questions to the agencies. Among them:

• Whether the directive’s failure to require transmission-based precautions and infection control measures aligned with CMS/CDC standards

• Why the Cuomo administration rescinded the directive on May 10, 2020, if it was consistent with federal guidance

• Whether prohibiting nursing homes from testing patients before admission complied with federal infection-control protocols.

Congressman Lawler is one of the most bipartisan members of Congress and represents New York's 17th Congressional District, which is just north of New York City and contains all or parts of Rockland, Putnam, Dutchess, and Westchester Counties. He was rated the most effective freshman lawmaker in the 118th Congress, 8th overall, surpassing dozens of committee chairs.

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The full letter can be found HERE.