New York State Governor Andrew Cuomo and Attorney General Letitia James’ unprecedented decision to jointly investigate long-term care facilities, including nursing homes, and their performance during the COVID-19 crisis has made it clear that aggressive scrutiny is coming. The Governor has even gone so far as to issue an Executive Order 202.23 dated April 24, 2020 authorizing the Commissioner of Health to suspend or revoke the operating certificate of any skilled nursing facility or adult care facility if the state determines “such facility has not adhered to any regulations or directives issued by the Commissioner of Health, and if it is determined to not be in compliance.”
The belief that simply “Doing the Best You Can” is insufficient under the present circumstances. Based on the experience of Harris Beach health care and government compliance attorneys, there are critical steps that can be taken to mitigate risk and protect your institution’s reputation.
