Minority Leaders in the state Legislature today called on committee chairpersons to compel Department of Health Commissioner Dr. Howard Zucker to testify under subpoena at Monday’s joint legislative hearing on residential health care facilities and COVID-19.

During limited testimony at yesterday’s nursing home hearing, Dr. Zucker spent less than two hours answering questions from legislators, and failed to produce critical information such as a full accounting of nursing home deaths from COVID-19. Several legislators were prepared to ask questions of the health commissioner before being informed that he had left the hearing.

“The administration and the health commissioner knew for weeks this hearing was taking place. It is totally unacceptable that Dr. Zucker fell so woefully short in providing complete information and fully presenting the facts regarding the state’s nursing home response,” Assembly Minority Leader Will Barclay said. “His obvious intent was to run out the clock, and get out of the room before legislators were finished with their questioning. More than 6,500 people died. This isn’t over. Monday’s upcoming hearing must be conducted under a subpoena so the health commissioner can answer every question and focus on giving complete answers, rather than focusing on his exit strategy.”

“Politics theater is easy, but delivering real answers for grieving families and New Yorkers is the hard work that must be done. Yesterday’s dog-and-pony show wasn’t complete when Dr. Zucker abruptly left and generated more questions than answers. Instead of getting the facts New Yorkers deserve, we got a half-hearted set of governor-approved talking points that did little to shed light on the thousands of tragic, avoidable deaths in New York’s nursing homes,” Senate Minority Leader Rob Ortt said. “It is clear subpoena power is necessary in this tragic case. We must compel Dr. Zucker to testify and thoroughly explain the orders and supporting documentation pertaining to his directives with respect to COVID-positive nursing home residents. We will not accept anything shy of this, and will use any and every measure available to get it.”

Only Majority politicians who control the Legislature have the power to subpoena the Cuomo Administration, Commissioner Zucker or anyone with information to advance the Legislature’s investigation.

New York state has still failed to provide a complete number of COVID deaths in nursing homes, assisted-living facilities and within the long-term care population. The state has reported nearly 6,500 deaths, but the total number may be well above 10,000. Dr. Zucker has offered no information on a complete accounting of the death toll.

A March 25 directive issued by the Department of Health (DOH) mandated that nursing homes and adult care facilities accept patients who tested positive for COVID-19. The order was later removed from the DOH website, and reversed approximately six weeks later. Dr. Zucker claimed yesterday that he did not have a copy of the order at the hearing.