Governor Cuomo Announces New Out-of-State Travel Guidelines
On October 31st, Governor Cuomo announced new guidelines that will allow out-of-state travelers coming to New York to “test out” of the mandatory 14-day quarantine. Effective November 4th, out-of-state travelers may test out of the mandatory quarantine as follows:
- For travelers who were in another state for more than 24 hours:
- Travelers must obtain a COVID-19 test within three days of departure from that state.
- The traveler must, upon arrival in New York, quarantine for three days.
- On day four of their quarantine, the traveler must obtain another COVID-19 test. If both tests come back negative, the traveler may exit quarantine early upon receipt of the second negative diagnostic test.
- For travelers who were in another state for less than 24 hours:
- The traveler does not need a test prior to their departure from the other state and does not need to quarantine upon arrival in New York State.
- However, the traveler must fill out the traveler information form upon entry into New York State, and take a COVID-19 diagnostic test four days after their arrival in New York.
Travelers from states that are contiguous with New York and essential workers will continue to be exempt from the travel advisory.
The Governor’s press release is available here.
Governor Cuomo Releases Testing Protocol for School Reopening in Cluster Zones
On October 30th, Governor Cuomo released guidelines on testing protocols for schools to reopen in red and orange cluster zones. According to the guidelines, schools can reopen on November 2nd if they conduct mass testing followed by vigilant symptom and exposure screening conducted daily upon reopening. Students and faculty must be able to provide a negative COVID-19 test result prior to going back to the classroom.
Specifically, for a school to reopen in a red or orange cluster zone, schools must:
- Remain closed for at least four calendar days after the zone designation is announced and may reopen as early as the fifth calendar day; and
- Ensure that no person may attend in-person on the campus without first receiving a negative test result (including both faculty/staff and students).
Following reopening, the school must adhere to the following symptom and exposure screening requirements:
- 25 percent of the in-person learning school community (students and faculty/staff) must be tested per week;
- The school should provide opportunities to test on school grounds, or otherwise facilitate testing and accept test results from health care providers within seven days;
- Each week the 25 percent of the school population tested must be composed of unique individuals who have not previously been tested as part of the surveillance screening until the fifth week, at which point the individuals who participated in the first week of testing should be tested again;
- Members of the school community who test positive must isolate in accordance with established guidelines; and
- Contact tracing must be performed to ensure that contacts to newly identified positive individuals are quarantined in accordance with established guidelines.
The State will provide rapid test kits for schools upon request. Schools must provide the certified personnel to perform the tests and must ensure appropriate test reporting to the State. Schools that cannot meet the reopening requirements must remain in remote learning for the duration of the zone designation. If the 25 percent random sampling generates a minimum of nine cases, or if for a sample size of more than 300 weekly tests achieves a positivity rate of 2 percent (six cases or more depending on size) in New York City, or 3 percent (nine or more cases) outside of the city, then the school will be required to close.
The Governor’s press release is available here.
DFS Permanently Extends Relief for Insurance Producer Licensing Monitor Requirements
On November 2nd, the New York State Department of Financial Services (DFS) released a supplemental notice (available here) that makes permanent a temporary relief provision 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.
While the suspension of the expiration of individual producer licenses expired on September 6th, DFS will permanently eliminate the requirement that a monitor be present when an insurance producer takes any exam at the conclusion of either a continuing education or pre-licensing course. This change does not modify the requirement to take an exam at the conclusion of a self-study continuing education course or online pre-licensing course. The Continuing Education Criteria (available here) and Pre-licensing Criteria (available here) have been revised to reflect the elimination of the monitor requirement.
Questions may be submitted to coned@dfs.ny.gov.
DOH Issues Guidance on COVID-19 Children’s Waiver
On November 2nd, the New York State Department of Health (DOH) released a notice to Health Homes and Care Managers notifying them of a new process for identifying children/youth who are no longer eligible for Home and Community Based Services (HCBS) but who may be able to remain in the Children’s Waiver and continue to receive services. In September, DOH received approval from the Centers for Medicare and Medicaid Services (CMS) for an Appendix K Waiver (availablehere) that provided flexibility for participants and providers regarding Children’s Waiver requirements during the COVID-19 emergency. This includes the ability to request a temporary override from DOH as necessary so that the child/youth can continue to receive HCBS if they are otherwise deemed ineligible.
Providers should follow the process outlined here to notify their Lead Health Home and DOH of these children/youth so that they may remain in the Children’s Waiver and continue to receive HCBS. Care Managers will need to complete the HCBS/LOC Review Request Form (available here) if the child/youth is found ineligible for HCBS at their annual re-assessment and:
- There is a concern about risk of institutionalization in the absence of Children’s Waiver services; or
- If the child was eligible for Medicaid due to Family of One budgeting and should not be disenrolled unless otherwise directed by the member/family.
Questions may be sent to BH.Transition@health.ny.gov.
OMH Consolidated Guidance for Residential Treatment Facilities
On October 30th, the New York State Office of Mental Health (OMH) released updated and consolidated guidance (available here) for Residential Treatment Facilities (RTFs). Previous guidance documents on visitation, treatment planning, and documentation during the COVID-19 emergency are rescinded.
For visitation, RTFs should follow the Department of Health’s residential facility guidance (available here) and updated OMH infection control guidance (available here) regarding visitation. For documentation, effective November 15th, RTFs will be expected to resume adherence to regulations pertaining to the completion of initial and comprehensive treatment plan reviews and utilization review procedures. By December 15th, all patients in the program should have a treatment plan review conducted within the previous 30 days. All patients who were due for a utilization review but did not have one during the previous suspension of this regulatory requirement must have a utilization review completed by December 15th. Treatment plans, assessments, and progress notes may continue to be established via telemental health and signatures of patients, staff, and parents/guardians on required documentation may be obtained verbally (with the exception of documentation pertaining to admission).
OMH COVID-19 telemental health guidance and previous COVID-19 regulation relief for restraint and seclusion remain in effect and are further clarified in the guidance document.