State Updates
Governor Cuomo Announces Antibody Test Results from Low-Income NYC Communities
Today (May 20th), Governor Cuomo held a press conference during which he announced preliminary COVID-19 antibody test results from a survey conducted in low-income communities in New York City. Conducted in partnership with faith-based organizations and Northwell Health, the survey tested approximately 8,000 individuals and found that 27 percent tested positive for COVID-19 antibodies, compared to 19.9 percent in the overall NYC population. The Bronx had the highest percentage of positive antibody tests, with 34 percent of those tested receiving a positive result. To address the disproportionate effect of COVID-19 on these communities, the Governor announced the following actions as part of the State’s targeted plan:
- Double the testing program to 44 total churches in impacted communities.
- Partner with SOMOS Community Care to establish 28 testing sites at churches and community-based providers in predominantly minority neighborhoods.
- Expand testing from 8 to 40 public housing developments in partnership with Ready Responders.
- Provide personal protective equipment (PPE) and hand sanitizer to these communities.
- Conduct public health outreach and education campaigns on social distancing and other mitigation strategies.
The Governor is also directing all local governments to test in low-income communities and develop outreach programs similar to the above initiatives in New York City.
The Capital Region has now met all seven metrics to begin Phase One of reopening. The remaining three regions that have not yet met the State’s reopening metrics include:
- Long Island (5 of 7)
- Mid-Hudson (5 of 7)
- New York City (4 of 7)
Note that this process is distinct from that used to permit hospitals and ambulatory centers to perform elective surgery. Additional details are available on the State’s regional monitoring dashboard here. The State has also released a tool (available here) for businesses to determine whether or not they are eligible to reopen based on their county and business category. The tool also provides the public health and safety standards with which that business must comply.
DFS Guidance on COVID-19 Testing of Nursing Home and Adult Care Facility Personnel
On May 19th, the Department of Financial Services (DFS) released a circular letter (available here) to all regulated insurance plans notifying them of their responsibilities to provide coverage for COVID-19 tests administered to nursing home and adult care facility personnel. As per Governor Cuomo’s Executive Order 202.30 (available here), all nursing homes and adult care facilities are required to test all personnel twice per week. The guidance reminds insurance plans that they are required to reimburse providers who render COVID-19 tests as per the federal CARES Act, and indicates that all nursing home and adult care facility personnel meet the Department of Health (DOH) guidance (available here) for testing.
Further, DOH released a directive (available here) that deems COVID-19 testing for nursing home and adult care facility personnel to be presumptively medically necessary. Insurance plans are therefore required to provide both in-network and out-of-network coverage for twice-weekly COVID-19 testing of nursing home and adult care facility personnel and may not impose cost-sharing.
Updated Guidance Documents
The following New York State guidance documents have been recently released:
- Medicaid Consumer Fact Sheet on Telehealth Services During the Emergency (5.20.20)
- Medicaid Consumer Fact Sheet on Coverage During the Emergency (5.20.20)
- Ensuring Access to Health Care Services During COVID-19 (5.19.20)
- COVID-19 Hearing Impaired Symptom Check (5.19.20)
Federal Update
President Trump Issues Executive Order Calling for Deregulation
On May 19th, President Trump issued an executive order calling on federal agencies to increase deregulation and reduce enforcement of existing rules to help with economic recovery in light of COVID-19. The order generally directs heads of agencies to identify rules that could inhibit economic recovery and “rescind, modify, waive, or exempt persons or entities” from the rules, as well as decline to pursue enforcement against any entities that tried to comply with rules, including those issued by the Department of Health and Human Services and the Centers for Disease Control and Prevention, but were unable to because of COVID-19. Additionally, it directs agencies to consider making any temporary regulatory rollback during the pandemic permanent if it would “promote economic recovery.”
The Office of Management and Budget is expected to issue a more detailed memo on how to implement the order. The executive order is available here.