State Updates
Governor Cuomo Announces Recent COVID-19 Test Results, Regions Entering Phase Two of Reopening
Today (June 1st), Governor Cuomo held a press conference during which he announced that the State is now conducting approximately 50,000 tests per day. Rates of positive tests have declined, with approximately 941 tests yesterday (out of about 50,000) being positive. The Governor announced that the following five regions have been approved to enter Phase Two of reopening: Finger Lakes, Central New York, Mohawk Valley, North Country, and Southern Tier. Western New York is expected to enter Phase Two tomorrow, and the Capital Region is expected to do so on Wednesday. Phase Two requirements for office-based jobs include:
- 50% occupancy in office buildings.
- Mandatory employee daily screenings (e.g. health questionnaire, temperature checks).
- Masks, plexi-glass, or other barriers required if six feet cannot be maintained.
- Signage and distance markers required in closed quarters (e.g. restrooms and breakrooms).
- No congregations in small areas and limited in-person meetings.
- No meetings without social distancing.
- No communal sharing of food or beverages.
The New York State Department of Health (DOH) also released interim guidance (available here) for office-based work during the COVID-19 emergency. Over the weekend, the Governor announced that dentists will be permitted to reopen statewide today. Interim guidance for dentistry during the COVID-19 emergency is available here.
Governor Cuomo Issues Executive Orders 202.34 and 202.35
On May 29th, Governor Cuomo signed Executive Order 202.34 (available here) that permits businesses operators and building owners and those authorized on their behalf to deny admittance to individuals who are not wearing a mask or cloth face-covering (with the exception of children under age two and those who cannot medically tolerate a face-covering). The Order also extends the postponement, cancellation, or restriction on size of all non-essential gatherings of more than ten individuals (“NY On PAUSE”). However, regions that have met the State’s metrics will be permitted to reopen as per the guidelines in Phase One of the State’s reopening plan. Businesses that are permitted to open as per the State’s guidelines must operate in accordance with guidance distributed by DOH.
The Governor also signed Executive Order 202.35 (available here) that removes the reductions and restrictions on the in-person workforce at non-essential businesses or other entities for these Phase Two industries:
- Professional Services, Administrative Support, Information Technology;
- Real Estate Services, Building and Property Management, Leasing, Rental, and Sales Services;
- Retail In-store Shopping, Rental, Repair, and Cleaning;
- Barbershops and Hair Salon (limited services); and
- Motor Vehicle Leasing, Rental, and Sales.
Businesses or entities in industries open in Phase Two must operate in accordance with DOH guidance. The regions eligible to begin Phase Two reopening are listed above.
New York State Assembly and Senate Pass COVID-19 Legislative Package
On May 29th, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie announced that the New York State Legislature passed a package of bills related to the COVID-19 pandemic. The legislation includes bills intended to provide economic relief for businesses, protections for health care workers and their families, and support continued efforts to combat COVID-19 in New York State through contact tracing, vaccine preparedness, and research related to the health impacts on minority communities.
Key legislation passed includes the following bills that would:
- S.8416/A.10404A: Ensure audio-only and video-only telehealth and telemedicine services will be eligible for reimbursement.
- S.8189/A.10270: Update New York’s anti-price gouging law to include medical supplies and services as well as goods and services used to promote public health.
- S.8397A/A.10326A: Prohibit health care employers from retaliating against health care workers speaking out about workplace safety or health violations including to the news media or on social media.
- S.8181A/A.10294A: Authorize Industrial Development Agencies (IDAs) to create a COVID-19 State of Emergency loan program to provide capital funding for small businesses and not-for-profits, and to provide grants for the acquisition of personal protective equipment (PPE) to prevent the spread of COVID-19.
- S.8427/A.10528: Establish a COVID-19 pension benefit for families of public employees who die due to their workplace exposure to the disease. Over the weekend, Governor Cuomo signed this bill into law.
- S.8182A/A.10508A: Allow licensed pharmacists to administer a vaccine for COVID-19 no sooner than 90 days once a vaccine has been approved by the Food and Drug Administration (FDA) and after DOH and the State Education Department certify that having pharmacists administer the vaccine is in the best interest of public health.
- S.8289B/A.10394A: Require residential health care facilities to prepare and comply with an annual pandemic emergency plan.
- S.8412/A.10498: Enable businesses, nonprofits and religious institutions to conduct board meetings and actions through electronic and/or audio-visual technologies.
- S.8119C/A.10303B: Extend paratransit certifications until August 31, 2020. Paratransit providers will also be required to provide drivers and personnel with hand sanitizer, sterile gloves, face masks and training on preventive measures to protect against the spread of infection disease.
Unless otherwise noted, these bills have not yet been signed into law. The press release is available here.
DOH Weekly Provider COVID-19 Webinar
On May 28th, the New York State Department of Health (DOH) held its weekly provider webinar (available for viewing here). The webinar provided global, national, and local epidemiological updates on COVID-19, reviewed testing guidelines and therapeutic treatment options, and discussed New York State’s community mitigation and reopening strategy.
DOH’s weekly provider webinars are held every Thursday at 1pm and can be viewed here.
Federal Update
Federal Reserve Releases Updated FAQs for Main Street Lending Program
On May 27th, the Federal Reserve released an updated set of FAQs and other documents regarding the Main Street Lending Program. As of yet, the launch date for the program has not been announced, but clarifications and guidance may be issued in subsequent FAQs.
The FAQs are available here.