DiNapoli Op-Ed in Times Union: NY Needs an Independent Commission to Review State's COVID Response

July 25, 2024

The Times Union published an op-ed from New York State Comptroller Thomas P. DiNapoli today on the shortcomings of the Olson Group's COVID-19 report and the need for an independent commission to review the state's pandemic response. The full op-ed is below:

The COVID-19 pandemic upended the lives of New Yorkers and, for thousands of families, led to devastating losses of loved ones. For us all, and especially for the families of those who died in nursing homes, the time is overdue for a full analysis of the state's response to the pandemic. We must better prepare for the next public health emergency and provide an accounting that the families who are still mourning deserve.

An independent report by the Olson Group, prepared under contract with New York state, was expected to be an objective assessment of the state's response to the crisis. Sorry to say, the Olson report failed to provide the rigorous, fact-based examination New York deserved, nor does it provide a roadmap for future improvement.

For the report to have been credible, it was imperative for its analysis to be accurate and complete. The Olson report often relied on flawed or unvalidated data, and at times data was interpreted incorrectly, resulting in erroneous conclusions.

One of the most glaring examples relates to nursing home deaths. The report cites figures based on Centers for Medicare and Medicaid Services data, stating, "New York's poor performance, with a rate of 70.9 deaths per 1,000 nursing home residents, ranked it in the bottom third of all states." The reality is far more grim. It is well known the CMS data undercounted the COVID-19 deaths in nursing homes, as facilities' reporting of COVID deaths was optional up to the week ending May 24, 2020 - a period that accounted for more than 75% of such deaths in New York. As a result, CMS reported our state had 5,974 nursing home deaths as of the last week of 2020. However, the state Department of Health's data, which the Olson Group should have had access to, showed that the actual number of deaths for that time frame was closer to 11,350. Based on this more accurate data, New York's nursing home death rate was nearly double at 135 per 1,000 residents, ranking us among the very worst states.

The report's reliance on data known to be incomplete, as well as the misinterpretation and misreporting of data, is a serious shortcoming. Certain sources often lacked context, and cited information not included or contradicted by other sources. The Olson Group itself acknowledged the limited value of testimonial evidence, yet it leans on personal opinions from anonymous sources of unknown authority (such as a "Town Hall participant"). Rather than rigorous benchmarking or metrics, or evaluation against best practices, the report relies on testimonial evidence - even when substantive or authoritative documentation was available. The result, in many cases, is unsupported conclusions.

Especially baffling was a reference to my office's 2021 audit that totally misstated our protocols by asserting the comptroller's office is not required to consult with agencies we audit. In fact, the opposite is true, and if the Olson Group had bothered to read the document, they would have seen the response from the Health Department, which followed some 20 meetings with department personnel.

Fundamentally, the Olson report fails to provide meaningful answers to the most basic questions the review was expected to address, including: What mistakes were made? What processes and plans can be improved to make us better prepared? How can we best protect the most vulnerable among us?

The Olson report is a missed opportunity to provide answers or restore confidence in New York's emergency planning. It is replete with large and small errors and omissions - most egregiously the undercounting of those who died in nursing homes. Without a thorough and accurate assessment of New York's pandemic response, based on reliable research and thoughtful analysis, we will not learn from our mistakes and successes. Instead, the report leaves us without answers, and it particularly failed those who lost people in nursing homes who at the least want the deaths of their loved ones to have been counted.

It's time for full consideration of proposed state legislation to establish an independent commission, with subpoena power, to provide the comprehensive accounting New Yorkers deserve.