Assemblyman Joseph Angelino (R,C,I-Norwich), who is the ranking Minority member of the Committee on Oversight, Analysis and Investigation, is urging his Majority colleagues on the committee to join his calls for a bipartisan investigation into the nursing home deaths that have occurred throughout the pandemic. Six days ago, the assemblyman issued a letter and a petition for the committee to use its powers of subpoena to call Dr. Howard Zucker, commissioner of the Department of Health (DOH), to testify under oath about the state’s nearly 13,000 nursing home deaths.

“We are nearly a year into the COVID-19 pandemic and we collectively have experienced so much loss. I have constituents who have called with their own questions about what happened to their loved ones who need answers to begin their process of closure. Even though we are this far along in the pandemic, we are still no closer to knowing the whole picture of what happened in our nursing homes,” said Angelino. “I encourage my colleagues across the aisle to take a similar stance as Attorney General James, who put public service before politics, and join in our efforts to bring the truth to light. Families deserve to know what happened to their loved ones.”

According to Section 62-A of Legislative Law, if a majority of members on a given committee sign a petition, authority is given for that committee to issue a subpoena for an individual to appear before that committee to answer questions. There are seven members on the Assembly Oversight Committee, five Majority and two Minority members. Angelino and Assemblyman Michael Montesano (R,C,I,LBT-Glen Head) have signed the petition. It would only take two additional Majority members to sign on to allow for a subpoena to be issued to Dr. Zucker and compel him to answer questions following the scathing nursing home report by Attorney General Leticia James.

In addition to calling upon Dr. Zucker’s testimony, Angelino says the subpoena would call upon the DOH to release full data related to deaths during the pandemic and all communication between the DOH and any other parties which led up to the decision of crafting, implementing and override of the March 25 directive. According to the attorney general, the DOH had underreported nursing home deaths by as high as 50 percent in some cases.

The Majority chairman of the committee, Assemblyman John T. McDonald, III, has taken the stance that Zucker could be questioned at the budget hearing on February 25. Angelino contends that the budget hearing would be the inappropriate venue, as questions can only be revenue related and that the commissioner would not be under oath.

Angelino added, “We have a job to do in the Oversight Committee, and I can’t think of a clearer and more pertinent time to use our power than in rooting out what happened in our nursing homes.”

Assemblyman Angelino’s letter may be viewed here.