Governor Cuomo Reports Steady COVID-19 Numbers in New York State, Announces that Schools Are Permitted to Reopen Statewide
Today (August 10th), Governor Cuomo announced that of the 54,002 COVID-19 tests conducted yesterday, 476 were positive (0.88 percent). There were 535 total hospitalizations related to COVID-19 and 2 COVID-19 deaths reported yesterday.
On August 7th, the Governor announced that schools are permitted to open this fall statewide given that every region’s infection rate is below the State’s threshold for opening schools. Individual school districts will make the final determinations on in-person versus partial/hybrid reopening plans in accordance with Department of Health (DOH) guidelines. All reopening plans, which must be posted online, will be reviewed by DOH and must include protocols for testing and tracing students and teachers. Schools will also be required to have three to five public meetings (which can be remote) prior to August 21st with parents and one meeting with teachers to go through their reopening plan.
The Governor’s press release is available here.
President Trump Announces Executive Actions
On August 8th, President Trump announced a series of executive actions in response to the expiration of various pandemic assistance programs from the CARES Act. The Administration stated that the actions were necessary because Congress and the White House were unable to reach an agreement on a stimulus bill last week. Legal challenges to the president’s authority to undertake these actions are anticipated. The actions include three presidential memoranda and an Executive Order:
- The first memorandum, titled “Memorandum on Continued Student Loan Payment Relief During the COVID-19 Pandemic,” (available here) defers all interest on student loans held by the Department of Education until December 31st.
- The second memorandum, titled “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster,” (available here) defers the withholding, deposit, and payment of the tax imposed on wages or compensation paid during the period of September 1st through December 31st. The deferment applies to any employee who earns less than $4,000 on a bi-weekly pay period, calculated on a pre-tax basis.
- The third memorandum, titled “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019,” (available here) directs up to $44 billion from the Department of Homeland Security’s Disaster Relief Fund (DRF) be made available for lost wages assistance to eligible claimants. As required for use of DRF funding, states would need to contribute 25 percent of the funding, and the Administration calls upon states to use various funding sources, including any remaining funding from the CARES Act Coronavirus Relief Fund, to do so. As such, each claimant would be eligible for a $400 payment per week, $100 of which would be provided by states.
- Finally, the Executive Order, titled “Executive Order on Fighting the Spread of COVID-19 by Providing Assistance to Renters and Homeowners,” (available here) directs multiple federal agencies to review resources and measures, as well as identify federal funds, that might support renters and homeowners in avoiding eviction or foreclosure resulting from financial hardships caused by COVID-19.
HHS Announces Details on $5 Billion Performance-Based Nursing Home Relief Funding
On August 7th, the Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), announced details on a further distribution of $5 billion of the CARES Act’s Provider Relief Fund will be disbursed to nursing homes and long-term care facilities. Approximately $2.5 billion will be provided up front to support increased testing, staffing, and PPE needs. Distribution of the remainder will be linked to each facility’s performance in minimizing spread of COVID-19 and COVID-19-related fatalities, taking into account the prevalence of the coronavirus in the facility’s local geography. HRSA expects to make the initial $2.5 billion nursing home distribution in mid-August, and to make multiple performance-based distributions during the fall.
A press release is available here.
DOH Issues Emergency Rule on Hospital PPE Requirements
On August 5th, DOH posted an emergency rule in the State Register (available here, page 11) implementing a requirement for all general hospitals to maintain a 90-day supply of personal protective equipment (PPE) to ensure that sufficient PPE is available in the event of a continuation or resurgence of COVID-19 in New York. This policy was originally announced informally by Governor Cuomo on May 3rd.
Hospitals will be required to have a 60-day supply of PPE by August 31st, and a 90-day supply by September 30th, based on a rate of usage equal to the average daily rate of PPE usage at the peak of the pandemic between April 13, 2020 and April 27, 2020. A hospital may request an extension of the 90-day supply deadline to October 30th if:
- The hospital’s inability to meet this deadline is solely attributable to supply chain issues that are beyond the hospital’s control, and purchasing PPE at market rates would facilitate price gouging by PPE vendors; or
- The seven-day rolling average of new COVID-19 infections in New York State remains below 1.5 percent of the total seven-day rolling average of COVID-19 tests performed over the same period, and there are ten or less states in the U.S. that have a seven-day rolling average of new COVID-19 infections exceeding 5,000 cases.
Failure to possess and maintain the required PPE supply may result in the revocation or suspension of the hospital’s license. However, DOH will provide the hospital with a 14-day grace period after their first violation to achieve compliance.
DFS Extends Relief for Insurance Producer Licensing Requirements
On August 6th, the New York State Department of Financial Services (DFS) released a supplemental notice (available here) that extends temporary relief provisions for insurance producer licensing requirements outlined in Insurance Circular Letter No. 9 (available here). Circular Letter No. 9 suspended the expiration of licenses for all individual producers, waived any late fees, and suspended the requirement that a monitor be present to complete producer continuing education and pre-licensing course exams.
DFS is now extending the suspension of the requirement that a monitor be present to complete continuing education and course exams online through November 5th. DFS is also extending the suspension of the expiration of individual producer licenses through September 6th. All licenses that would have otherwise expired previously will now automatically expire on September 7th, unless the producer has submitted a license renewal application before this date. Questions may be submitted to insurance.covid19@dfs.ny.gov.