DFS Extends Emergency Regulations Requiring Insurers to Waive Cost Sharing
Today (November 9th), the New York State Department of Financial Services (DFS) extended emergency regulations which were initially published March 16th that require DFS-regulated insurance plans to waive cost-sharing for:
- COVID-19 testing/visits, including in-network laboratory tests for COVID-19 and visits to diagnose COVID-19 through telehealth, the emergency department, or at an in-network provider or urgent care center (regulation available here); and
- Telehealth for any in-network service that would have been covered in-person (regulation available here).
These regulations will now expire on January 8, 2021 unless further extended.
DOH Extends Emergency Regulations for Hospital and Nursing Home PPE Requirements
On November 4th, the New York State Department of Health (DOH) posted emergency regulations in the State register (available here, starting p. 11) extending the Personal Protective Equipment (PPE) requirements for hospitals and nursing homes.
As previously indicated, hospitals are required to maintain at least a 90-day supply of PPE 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. Nursing homes are required to maintain at least a 60-day supply of PPE based on a rate of usage equal to the average daily rate of PPE usage at the peak of the pandemic between April 19, 2020 and April 27, 2020. Failure to possess and maintain the required PPE supply may result in the revocation or suspension of the facility’s license. However, DOH will provide the facility with a 14-day grace period after its first violation to achieve compliance.
The emergency rule for hospitals will expire on January 16, 2021 and the emergency rule for nursing homes will expire on January 17, 2021, unless further extended.
Governor Cuomo Issues Executive Order 202.72
On November 3rd, Governor Cuomo signed Executive Order 202.72 (available here) which extends the State Disaster Emergency and most provisions of several previous orders through December 3rd. The extended orders include Executive Orders 202 through 202.21, 202.27 through 202.31, 202.38 through 202.43, 202.48 through 202.52, 202.55 through 202.56, and 202.60 through 202.63, which provide flexibility on major areas such as telehealth, provider qualifications, background checks, and provider locations. More details on specific extended provisions are available in SPG’s updated Waiver Timeline Tracker.
The Order modifies a provision contained in Executive Order 202.61 (available here) concerning statewide protocols for the timely testing and reporting of all COVID-19 and flu cases. As modified, clinical laboratories and licensed professionals authorized to administer tests for COVID-19 or influenza have additional time to report the test results to DOH (up to 24 hours, from the original three hours). DOH may require more frequent reporting if deemed necessary.
Updated Guidance Documents
Recently released New York State guidance documents are listed below:
- Health Advisory: Adult Care Facilities and Nursing Homes Resumption of Salon Services (11.4.20)
- Interim Guidance on COVID-19 Test-Out for Public and Non-Public Schools Located in Areas Designated as “Red or Orange Micro-Cluster Zones” (11.3.20)
- Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State Following Out of State Travel (11.3.20)