June 16th Newsletter

State Updates

Governor Cuomo Announces Updated Antibody Survey Results, New Visitation Allowances

Today (June 16th), Governor Cuomo held a press conference during which he announced continued progress in combatting the COVID-19 pandemic in New York State, with 1,538 total hospitalizations and 25 deaths reported yesterday. The Governor announced the results of a statewide antibody survey of 12,000 randomly selected individuals:

  • 13.4 percent tested positive for the antibodies, compared to 12.3 percent during the antibody survey conducted in early May.
  • 21.6 percent of New York City residents tested positive for antibodies, compared to 19.9 percent previously.

The antibody test results also provided additional evidence that the virus is largely impacting minority communities, with 30.4 percent of Latino/Hispanic individuals and 20.8 percent of black individuals testing positive, compared to 6.1 percent of white individuals. 

The Governor announced that hospitals will now be permitted to accept visitors at their discretion; however, they must follow State guidelines related to time-limited visits and requiring visitors to wear personal protective equipment (PPE) and be subject to symptom and temperature checks. Additionally, beginning Friday the State will allow group homes certified by the Office for People with Developmental Disabilities (OPWDD) to begin visitations after notifying the State that they will do so. OPWDD group homes must follow State guidelines for visitation, including requiring visitors to wear masks and be subject to symptom and temperature checks.

Governor Cuomo Issues Two New Executive Orders

On June 15th, Governor Cuomo signed Executive Order 202.41 (available here) that removes reductions and restrictions on the in-person workforce at non-essential businesses or other entities for Phase Three industries in regions that have entered Phase Three of reopening, including restaurants and personal care. The Governor also signed Executive Order 202.42 (available here) that increases the number of individuals permitted at non-essential gatherings in regions that have entered Phase Three from 10 individuals to 25 individuals. The Order requires that social distancing protocols and cleaning/disinfection protocols required by the Department of Health are adhered to during such gatherings. 

Federal Updates

CARES Act Funding Oversight Concerns Raised by Watchdog

Last week, the Pandemic Response Accountability Committee (PRAC), established by the CARES Act with responsibility for oversight of distribution of CARES Act funding, sent a letter to members of several House and Senate committees last week expressing concerns about whether it would be able to conduct oversight effectively. According to the letter, the administration’s interpretation of the law is that its reporting requirements do not apply to the Paycheck Protection Program (PPP), Treasury loan fund, and other major new appropriations totaling more than $1 trillion. The letter follows an announcement by United States Secretary of the Treasury Steven Mnuchin that the agency no longer intends to publicly release individual PPP loan data such as the names of loan recipients.