Governor Cuomo Issues Executive Order No. 202 Declaring a State Disaster Emergency for the State of New York

Stephen Hanse

On Saturday, March 7th, Governor Cuomo issued Executive Order No. 202 declaring a State Disaster Emergency for the State of New York. This Executive Order is in effect until September 7, 2020.

Pursuant to this Executive Order, the Governor has ordered the implementation of the State Comprehensive Emergency Management Plan and authorized all State agencies to assist local governments and individuals in containing, preparing for, responding to and recovering from COVID-19.

This Executive Order also temporarily suspends or modifies several laws and regulations from March 7, 2020 through April 6, 2020. The specific health care laws and regulations that this Executive Order suspends or modifies include the following:  

  • Section 400.9 and Section 405.9(7)(f) of Title 10 of the NYCRR to permit nursing homes and general hospitals to rapidly discharge, transfer, or receive such patients, as authorized by the Commissioner of Health, provided such facilities take all reasonable measures to protect the health and safety of such patients and residents, including safe transfer and discharge practices, and to comply with the Emergency Medical Treatment and Active Labor Act and associated regulations; 
  • Section 405 of Title 10 of the NYCRR to maintain the public health with respect to treatment or containment of individuals with or suspected to have COVID-19; 
  • Sections 6521 and 6902 of the Education Law to permit unlicensed individuals, upon completion of training deemed adequate by the Commissioner of Health, to collect throat or nasopharyngeal swab specimens from individuals suspected of being infected by COVID-19 for purposes of testing; and to permit non-nursing staff, upon completion of training deemed adequate by the Commissioner of Health, to perform tasks under the supervision of a nurse otherwise limited to the scope of practice of a licensed or registered nurse; 
  • Section 2510(6) and Section 2511 of the Public Health Law to waive or revise eligibility criteria, documentation requirements or premium contributions; modify covered health care services or the scope and level of such services set forth in contracts; increase subsidy payments to approved organizations, including the maximum dollar amount set forth in contracts; or provide extensions for required reports due by approved organizations; 
  • Section 224-b and Section 225(4) of the Public Health Law to permit the Commissioner of Health to promulgate emergency regulations to amend the State Sanitary Code; 
  • Section 2803(2) of the Public Health Law to permit the Commissioner of Health to promulgate emergency regulations concerning facilities licensed pursuant to Article 28 of the Public Health Law including, but not limited to, the operation of nursing homes and general hospitals; 
  • Section 273(3) of the Public Health Law and Sections 364-j (25) & (25-a) of the Social Services Law to allow patients to receive prescribed drugs, without delay; 
  • Section 400.11 of Title 10 of the NYCRR to permit Article 28 facilities receiving patients as a result of the disaster emergency to complete patient review instruments as soon as practicable; 
  • Section 800.3 of Title 10 of the NYCRR to permit emergency medical service personnel to provide community paramedicine, transportation to destinations other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of Health; 
  • Section 505.14 of Title 18 of the NYCRR to permit nursing supervision visits for personal care services provided to individuals affected by the disaster emergency be made as soon as practicable; 
  • Sections 8602 and 8603 of the Education Law, and Section 58-1.5 of Title 10 of the NYCRR to permit individuals who meet the Federal requirements for high complexity testing to perform testing for the detection of SARS-CoV-2 in specimens collected from individuals suspected of suffering from a COVID-19 infection; 
  • Section 6909(4) of the Public Health Law and Section 6527(6) of the Education Law and related regulations to permit physicians and certified nurse practitioners to issue a non-patient specific regimen to nurses or any such other persons authorized by law or by this executive order to collect throat or nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19 infection, for purposes of testing, or to perform such other tasks as may be necessary to provide care for individuals diagnosed or suspected of suffering from a COVID-19 infection; and 
  • Section 596 of Title 14 of the NYCRR to allow for rapid approval of the use of the telemental health services, including the requirements for in-person initial assessment prior to the delivery of telemental health services, limitations on who can deliver telemental health services, requirements for who must be present while telemental health services are delivered, and a recipient's right to refuse telemental health services.

NYSHFA/NYSCAL will continue to provide regular updates on the above initiatives and all related information concerning COVID-19 as it becomes available.

 

NYSHFA/NYSCAL CONTACT:

Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11