April 17th Newsletter

April 17, 2020

Governor Cuomo Discusses Reopening Plan and Efforts to Increase Testing Capacity

Today (April 17th), Governor Cuomo held a press conference during which he announced that the observed plateauing of the COVID-19 outbreak continues, as total COVID-19 hospitalizations have again decreased slightly but new hospitalizations per day remain roughly flat. Addressing the “reopening” of New York State, the Governor said successful reopening would require:

  • Continued control of the infection through social distancing measures and face covering requirements for the next few weeks;
  • Further strengthening of the health care system by sharing resources and continuing to acquire medical equipment;
  • Widespread testing/contact tracing, necessitating federal partnership; and
  • Phased economic return to the “new normal” by evaluating business risk and taking appropriate precautions.

The Governor said that enacting widespread testing will be the next major challenge and will require federal support, specifically related to acquiring resources/supplies for testing through the international supply chain. To further address testing capacity, the Governor announced he would be issuing an Executive Order directing all public and private labs in New York State to coordinate with the New York State Department of Health (DOH) to ensure that diagnostic testing for public health is prioritized in order to restart the economy.

 

Governor Cuomo Issues Executive Order 202.18

Yesterday (April 16th), Governor Cuomo issued Executive Order 202.18 (available here), which extends the “NY PAUSE” social distancing measures and closes schools until May 15th. The Order also expands permissions for out-of-state health care personnel and health care personnel from Canada to practice in New York State. Specifically, for the duration of the emergency the Order will:

  • Allow the following health care personnel licensed in any province or territory of Canada to practice in New York State without civil or criminal penalty:
    • Registered nurses, licensed practical nurses, and nurse practitioners (or substantially similar titles);
    • Physicians;
    • Physician assistants (or a substantially similar title); and
    • Radiologic technologists (or a substantially similar title).
  • Allow the following health care personnel licensed in any state in the United States or any province or territory of Canada to practice in New York State without civil or criminal penalty:
    • Clinical nurse specialists and specialist assistants (or substantially similar titles); and
    • Licensed master social workers and licensed clinical social workers (or substantially similar titles).
  • Allow a wide variety of licensed professionals, if they have an unencumbered license and are in good standing in New York, to practice without registration without a civil or criminal penalty. The full list of professionals is:
    • Specialist assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers (LCSWs), licensed master social workers (LMSWs), podiatrists, physical therapists, physical therapist assistants, mental health counselors (LMHCs), marriage and family therapists (LMFTs), creative arts therapists (LCATs), psychoanalysts, and psychologists.
  • Permit nurse practitioners to practice nursing in a hospital or nursing home for 180 days immediately following successful completion of a New York State registered licensure qualifying education program, provided that the graduate files an application with the State Education Department for certification as a nurse practitioner.
  • Permit clinical laboratory technologists and clinical laboratory technicians to practice in a clinical laboratory with a valid New York State permit for 180 days immediately following successful completion of a New York State registered licensure qualifying education program, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit.
  • Permit pharmacy technicians and pharmacists to practice at an alternative location, including their home, as long as the alternative location has adequate security.
  • Allow clinical laboratory practitioners to perform testing in a clinical laboratory under remote supervision, provided that the supervisor is on-site at least eight hours per week.
  • Extend the triennial registrations of pharmacy establishments who are currently registered and whose registration is set to expire on or after March 31, 2020.

Other provisions of the Order will:

  • Extend waivers for certain special education schools and early intervention programs providing certain professional services if those waivers are set to expire on or after March 31, 2020.
  • Allow annual meetings of not-for-profit members to be held remotely/by electronic means.
  • Make home-delivered meals available to individuals aged 60 or older who do not meet standard eligibility requirements.
  • Reduce nutrition/oversight requirements for meals delivered as part of nutrition services programs.
  • Amend regulations for Expanded In-home Services for the Elderly (EISEP) to reduce in-home requirements and allow new clients to receive services without cost-sharing until an assessment can be conducted.
  • Require skilled nursing facilities, nursing homes, and adult care facilities to notify family members or next of kin if any resident tests positive for COVID-19, or if any resident suffers a COVID-19-related death, within 24 hours.
  • Require any individual over the age of two using or operating public or private transportation carriers or other for-hire vehicles to wear a face covering for the duration of the trip if they are able to medically tolerate a face covering.

 

Mayor de Blasio Releases New York City’s 2021 Executive Budget

Yesterday, Mayor de Blasio released the fiscal year (FY) 2021 Executive Budget for New York City (available here). The $89.3 billion Executive Budget predicts a revenue shortfall of $7.4 billion across FY 2020 and FY 2021, largely due to a decline in sales and hotel tax, personal income tax, and business tax as a result of the COVID-19 pandemic. Additionally, the City reports that it has spent more than $700 million on the COVID-19 response to date and expects to spend $2.5 billion by the end of the calendar year.

To balance the budget, the City is proposing savings of $2.7 billion across FY 2020 and FY 2021 by making adjustments to critical programs that cannot operate during the emergency and making changes to operational programs. Adjustments to generate savings include a reduction to Fair Student Funding, operational savings due to school closures, temporary suspension of the Department of Youth and Community Development Summer Youth Employment Program, and a hiring freeze and vacancy reduction across multiple agencies. Savings also include adjustments to several ThriveNYC mental health programs. The Executive Budget increases the total reserves for FY 2021 to $2.18 billion by drawing down from the General Reserve, Capital Stabilization Fund, and Retiree Health Benefits Trust.

 

OMH Updated Disaster Emergency FAQ

Yesterday, the New York State Office of Mental Health (OMH) again revised its COVID-19 Disaster Emergency FAQ (available here). This revision removes the guidance described in SPG’s April 15th COVID-19 Update regarding billing telephonic services for dual eligibles. The change indicates that the State continues to defer to Medicare’s determinations and does not intend to reimburse unless Medicare covers the services. SPG will send out any further guidance or clarifications on this matter as information becomes available.

 

COVID-19 Weekly Health Care Provider Update Compilation

DOH has released a COVID-19 Weekly Health Care Provider Compilation (available here). This document, which will be published weekly, provides health care providers in New York State with a consolidated update of guidance released by DOH related to COVID-19. The document will only show current guidance for any given topic and will be updated to reflect new guidance.