The Niagara County Legislature is requesting Governor Cuomo consider activating the New York State National Guard Medical Staff to staff the former Newfane Intercommunity Hospital to specifically serve nursing home residents who test positive for COVID-19.

1. May 13, 2020
Honorable Andrew M. Cuomo
Governor, State of New York
New York State Capitol
State Street
Albany, NY 12224
Dear Governor Cuomo:
Much has been written and said about the plight of nursing homes across New York State
during the COVID-19 pandemic. There seems to be a yearning to start finger-pointing and even
yesterday, some state lawmakers began calling for an investigation. There will be an appropriate
time to review all actions taken in the fight against COVID-19 and decide what worked, what did
not, and what we have collectively learned. That is not the point of this letter.
Newfane is a community of just over 9000 people, yet it has the second most positive
COVID-19 cases in all of Niagara County and seems to be quickly catching up to the City of
Niagara Falls. The vast majority of these cases are tied directly to the Newfane Rehabilitation
and Health Center. The facility is a 160-plus bed nursing home that has experienced an
unprecedented number of deaths and infections over the last few weeks attributed to COVID-19.
The Niagara County Legislature is asking for your intervention to battle the immediate crisis that
has engulfed the facility.
The residents, their families and the workers appear to be overwhelmed. We now see
families of the employees becoming ill with COVID, which adds to our misery. We have been
in close contact with Town of Newfane Supervisor Tim Horanburg, who every day is seeing new
death certificates filed at Town Hall.
The state Department of Health (DOH) visited the facility to look at their protocols and
conduct testing. While we appreciate their visit, we remain convinced that something far more
significant needs to be done. It is clear this facility is being overrun and as more staff test
positive, the problem of lack of adequate personnel is exacerbated. Yet, your recent policy
change that prevents hospitals from sending patients who test positive for COVID-19 from
returning to their nursing home residence runs the risk of chewing up the excess hospital
capacity. That was the whole point of flattening the curve and is one of your seven metrics for
reopening the region.
That is why we ask that you consider activating the New York State National Guard
Medical Staff to provide the human resources needed to get this situation under manageable
control. We are also asking you to consider utilizing the former, yet now closed, Newfane
NIAGARA COUNTY LEGISLATURE
NIAGARA COUNTY COURTHOUSE
175 HAWLEY STREET
LOCKPORT, NY 14094-2470
REBECCA J. WYDYSH
Chairman
MARY JO TAMBURLIN
Clerk
(716) 439-7000
(716) 439-7124 Fax

2. Intercommunity Hospital as a site specifically for COVID-19 seniors/nursing home patients.
Niagara County already has an agreement for use of this facility as a quarantine site, but has not
had reason to utilize it. This site could become a relief valve not just for the Newfane
Rehabilitation and Health Center, but other nursing homes in the county and region which are
facing similar issues. This would not be dissimilar from the way the tuberculosis epidemic was
handled in years past. Furthermore, we would have the facility in place should, against all of our
hope and prayers, a second wave of COVID-19 become a reality.
Governor, the facility, and by extension the community, cannot do this on our own and
the current policies are simply not working. We need your help to solve these problems. We
wish to thank you in advance for your consideration of our suggestions and stand ready to work
with you to help protect the courageous staff and vulnerable residents of our nursing homes.
Sincerely,
Rebecca J. Wydysh, Chairman John Syracuse, Vice Chairman Randy R. Bradt
Niagara County Legislature Niagara County Legislature 9th
District Legislator
Dennis F. Virtuoso Irene M. Myers
6th
District Legislator 1st
District Legislator
Mark J. Grozio Owen T. Steed
3rd
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Christopher A. Robins Jesse P. Gooch
5th
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Richard L. Andres David E. Godfrey
8th
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Anthony J. Nemi William J. Collins
11th
District Legislator 12th
District Legislator
Anita Mullane Michael A. Hill
13th
District Legislator 15th
District Legislator