Gretchen Whitmer may soon face Cuomo-like scrutiny over nursing homes, lawsuit plaintiffs say

Gretchen Whitmer may soon face Cuomo-like scrutiny over nursing homes, lawsuit plaintiffs say

https://www.foxnews.com/politics/gretchen-whitmer-may-soon-face-cuomo-like-scrutiny-over-nursing-homes-lawsuit-plaintiffs-say

Michigan’s Democrat governor benefits from an exemption on disclosing data to the public, two critics say

The state of Michigan is facing a lawsuit whose plaintiffs are seeking information on Gov. Gretchen Whitmer’s coronavirus-related executive order regarding the state’s nursing home residents.

Whitmer could soon find herself under scrutiny similar to that faced by a fellow Democrat, New York Gov. Andrew Cuomo, the Michigan men taking the legal action against Whitmer say.

Plaintiffs Steve Delie and Charlie LeDuff outlined the purpose of their lawsuit in an article published Friday by USA Today. Delie is an official with the think tank Mackinac Center for Public Policy, while LeDuff is a Pulitzer Prize-winning journalist.

“It shouldn’t take a lawsuit to obtain this critical data,” the pair write. “Gov. Whitmer made the same policy choice as Gov. Cuomo, forcing contagious senior citizens into close proximity with other medically vulnerable people. In fact, her policy, a similar version of which is still in effect today, went even farther, forcing some non-senior patients into nursing homes, including a 20-year-old. Michigan citizens deserve to know why she did this, and whether our governor is telling the truth about the consequences.”

“Gov. Whitmer made the same policy choice as Gov. Cuomo, forcing contagious senior citizens into close proximity with other medically vulnerable people.”

— Steve Delie and Charlie LeDuff, suing to access Whitmer data

The writers say Whitmer issued her executive order April 15, 2020, just a few weeks after Cuomo issued his similar order in New York on March 25, 2020.

They go on to note the recent disclosures about the Cuomo administration’s alleged underreporting of deaths of New York’s nursing home patients as the coronavirus spread. New York patient numbers were underreported by more than 40% while the state’s deaths were underreported by more than 75%, they note, citing reporting by The Associated Press.

Delie and LeDuff argue that the New York public had a right to know accurate information about what was happening regarding nursing home patients but didn’t receive the data until after a five-month-long legal fight.

Whitmer’s unique legal exemption

They then note that under Michigan law, Whitmer has the advantage of being legally exempt from Freedom of Information laws.

“Thanks to this exemption, the governor [Whitmer] has no obligation to produce any records whatsoever, despite making decisions affecting the lives of every Michigander,” the authors write.

“The governor [Whitmer] has no obligation to produce any records whatsoever, despite making decisions affecting the lives of every Michigander.”

— Steve Delie and Charlie LeDuff, suing to access Whitmer data

They allege that Whitmer has used the shielding provided by the exemption to “act with impunity” – and was not required to provide the data on which she based her coronavirus policy decisions.

“This is unacceptable,” Delie and LeDuff write.

Aside from Whitmer, only the governor of Massachuetts has a similar exemption, The Detroit News reported.

Earlier this month, Michigan Attorney General Danna Nessel, a Democrat, declined a request by state Republicans to investigate Whitmer’s nursing home-related actions, saying a probe wasn’t needed “at this time.”

“I appreciate that you and your colleagues have policy disagreements with Gov. Whitmer’s response to COVID-19,” Nessel wrote in a letter dated March 15. “But an investigation by my office is not the mechanism to resolve those disagreements.”

Republicans have condemned the Michigan governor for allowing nursing home residents recovering from the virus to return to their nursing homes or gain admittance, alleging the move put other residents at risk.

Whitmer created 21 hubs in existing nursing homes that were intended to have room for isolation and specialty equipment for elderly groups discharged from the hospital, The Detroit News reported.

But state Republicans wanted separate isolation units designated for elderly populations recovering from COVID-19, in order to prevent other nursing home residents from contracting the virus.

Last week a New York City nursing home director told Fox News he viewed Cuomo’s nursing home orders to be “ridiculous,’ and complained to state health officials, saying, “We can’t be doing this.”

Cuomo is facing an investigation by the FBI and federal prosecutors in Brooklyn, N.Y., regarding his nursing home policies, The New York Times reported Friday.

2 Responses

  1. The elderly and ill Should feel safe when transitioning to a nursing home. Places taking responsibility for the frail should be safe havens. Instead they and their families are terrified of the level of care that will be received.

    It is bad enough that some individuals buy up these homes and shortcut the expected care and nurturing expected. People are literally afraid to be placed for fear of abandonment and dismal if any care provided. It has been documented on TV and courts for years.

    But we have certain government officials who find and use these facilities to warehouse literally deathly ill, contagious patients who expose other patients. These officials want to hide the numbers from view resulting in the unnecessary deaths of thousands of patients.

    This should be charged as murder because that is exactly what it is. Don’t just remove them from office. Charge them with the many counts of murder they committed.

  2. For her order regarding nursing homes; did Governor Whitmer practice medicine without a license? I acknowledge their capacity to employ emergency powers, but do these include medical decisions?

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