ROCHESTER, N.Y. (WENY) -- An upstate New York nursing home is under fire. The owner has been accused of not being forthright about the number of COVID-19 deaths at the facility.

According to WHAM, Monroe County Health Commissioner Dr. Michael Mendoza is asking State Health Department (NYSDOH) officials to investigate deaths at the Hurlbut Skilled Nursing and Rehabilitation Facility in Rochester. It's owned by Hurlbut Care Communities, which also owns Hornell Gardens.

Last week, Governor Cuomo mandated nursing homes with more than five COVID-19 deaths report that information to the state.

Although seven residents at The Hurlbut have reportedly passed away due to the virus, the facility was not on the state's list as of Tuesday.

"We have an open line of communication with NYSDOH and have been filling out and submitting this non-cumulative information in compliance with the mandate," Hurlbut Care Communities CEO Bob Hurlbut said. "It is important to note that we report only COVID-19 positive fatalities that occur in our facilities. Any death that occurs at a hospital is not reported by our facilities and is not required to be reported by our facilities under the current NYSDOH mandate."