Exclusive | NYC comptroller asks feds to decide whether Cuomo violated health rules during deadly COVID pandemic

With Andrew Cuomo mulling a political comeback, one potential Democratic rival is now asking the feds to weigh in on a controversial edict the ex-governor imposed in nursing homes at the height of the pandemic.

City Comptroller, and mayoral candidate, Brad Lander is requesting US health officials determine whether Cuomo’s infamous March 25, 2020, order requiring nursing homes to accept COVID-19 positive patients discharged from hospitals violated federal policy and guidance — which some analysts claim contributed to thousands of elderly deaths. 

“Governor Cuomo has consistently stated that the March 25, 2020 directive followed federal CMS and CDC guidance,” the comptroller wrote in a Dec. 17 letter to heads of the CDC and CMS.

Lander questioned “whether this directive was in alignment with federal guidelines issued by the Centers for Medicare & Medicaid Services (CMS) and the Centers for Disease Control and Prevention (CDC) during that period.”

In his letter, Lander also pointed to Congress’ coronavirus subcommittee findings that concluded the March 25 directive was “inconsistent with the applicable federal guidelines,” and that Cuomo testified he did not speak to anyone at CMS or CDC either before or after these directives were issued.

“Given the critical nature of this issue and its implications for public health policy and accountability, I respectfully request an explanation of how the March 25 directive aligned—or failed to align—with the referenced federal guidelines,” he wrote.

This month’s House majority report accused Cuomo of committing “medical malpractice” and undercounting COVID-related nursing home deaths in New York during the pandemic.

The report also concluded that the ex-governor “likely gave false statements” during his testimony.

House Democrats on the panel released their own investigative report that scorched Cuomo for “interfering” with the death toll by excluding fatalities that happened after patients were taken to the hospital.

A Cuomo source said state Attorney General Letitia James and an outside investigator hired by Gov. Kathy Hochul both found that the nursing home order was consistent with CDC and CMS guidelines.

The Department of Justice and Manhattan district attorney also found no violations or wrongdoing, the Cuomo insider said.

The Cuomo camp dismissed the House GOP report as partisan politics.

Cuomo resigned as governor in August 2021 — unrelated to his handling of the pandemic — amid a slew of sexual misconduct accusations, which he denies.

Lander’s inquiry comes as Cuomo continues his rehab tour across the city — while weighing a run for City Hall — including a warm reception Friday at a senior citizens’ holiday party in East Harlem hosted by state Assemblyman Eddie Gibbs.

“The reception for Cuomo was magnificent. I was surprised. I was jealous, too,” quipped Gibbs.

“They were excited to see the former governor. They love the guy.”

Asked about his letter to the feds about Cuomo, a rep for Lander said the comptroller was going to bat for Brooklyn constituents whose father died from COVID-19 following a stint in a nursing home.

“Daniel and Peter Arbeeny, who lost their father Norman after then-Governor Cuomo ordered nursing homes to admit patients with COVID-19 against CDC guidelines, have been fighting to get answers for four years. Brad represented them in the City Council and stood by their side at the time and since,” said Lander spokeswoman Kat Capossela.

“After recent damning congressional subcommittee findings revealed that Cuomo had lied both to grieving families and to Congress, the Comptroller wrote these letters to the CDC and NYS Department of Health to support the Arbeenys’ and other families in their quest for the truth.”