Wednesday evening, Governor Cuomo’s office posted Executive Order 202.79, his eighty-second Executive Order during the COVID-19 state of emergency. Executive Order 202.79, dated December 2, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in made by Executive Orders 202 up to and including 202.21 (found here), 202.27 (found here), 202.28 (found here), 202.29 (found here), 202.30 (found here), 202.31 (found here), 202.38 (found here), 202.39 (found here), 202.40 (found here), 202.41 (found here), 202.42 (found here), 202.43 (found here), 202.48 (found here), 202.49 (found here), 202.50 (found here), 202.51 (found here), 202.52 (found here), 202.55 (found here), 202.55.1 (found here), 202.56 (found here), 202.60 (found here), 202.61 (found here), 202.62 (found here), 202.63 (found here), 202.67 (found here), 202.68 (found here), as continued and contained in Executive Order 202.72 (found here) for another thirty days through January 1, 2021. Executive Order 202.79 is effective from December 2, 2020 through January 1, 2021. A copy of Executive Order 202.79 can be found here.
Executive Order 202.79 issues a new directive through January 1, 2021 concerning schools in the COVID-19 cluster zones. Pursuant to Executive Order 202.79,
- The directive contained in 202.68 that required the Health Department to determine areas in New York State that require enhanced public health restrictions based on cluster-based cases of COVID is hereby modified to provide that schools located within geographic areas designated by the Health Department as “red zones” and “orange zones” may conduct in-person instruction during the period of time that the zone is designated “red” or “orange,” subject to compliance with guidance and directives of the Health Department.
SUSPENSION AND MODIFICATION OF LAWS
As with many previously issued executive orders, Executive Order 202.79 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis, this time through January 1, 2021. Executive Order 202.79, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:
- Paragraph 7 of subdivision h of section 405.9 of Title 10 of the NYCRR, to the extent necessary to permit general hospitals licensed pursuant to Article 28 of the Public Health Law that are treating patients during the disaster emergency to rapidly transfer, or receive such patients, and to enable inter- or intra-system patient load balancing as may be required by the Health Commissioner, provided such facilities take all reasonable measures to protect the health and safety of such patients, including safe transfer practices.