Good afternoon,

Governor Andrew Cuomo issued Executive Order 202.14 this afternoon.  This Executive Order, the fifteenth one issued during this state of emergency, modifies or suspends several New York statutes, laws, codes, rules and regulations as well as sets forth several directives, all of which are designed to combat the COVID-19 crisis.  Critically, Executive Order 202.14 continues the suspensions and modifications of law, and any directives (not previously superseded by a subsequent directive) made by all previous Executive Orders issued in connection with the COVID-19 crisis for thirty days until May 7, 2020.  A number of these directives and suspensions and modifications were scheduled to expire this month.  There are certain directives in Executive Order 202.14 that have been extended to a date earlier than May 7, 2020 and those are noted below.


Governor Cuomo has issued and extended certain directives in Executive Order 202.14 to stem the COVID-19 virus throughout New York State.  In particular, Governor Cuomo utilizes Executive Order 202.14 to address the critical need of ventilators, personal protective equipment and other necessary equipment in downstate hospitals.  The Executive Order directs all entities who possess such medical equipment to report all such equipment to the New York State Department of Health, who would have the option to facilitate the transfer of any unneeded equipment to a needed facility.  In addition to this directive, Executive Order 202.14 contains other directives that reflect Governor Cuomo’s desire to extend out the New York PAUSE program, keep social distancing in place and put more force behind Governor Cuomo’s demands for social distancing and capacity limitations.

Health Care

  • Any medical equipment (personal protective equipment (PPE), ventilators, respirators, bi-pap, anesthesia, or other necessary equipment or supplies as determined by the Commissioner of Health) that is held in inventory by any entity in the state, or otherwise located in the state shall be reported to New York State’s Department of Health (DOH).  DOH may shift any such items not currently needed, or needed in the short term future by a health care facility, to be transferred to a facility in urgent need of such inventory, for purposes of ensuring New York hospitals, facilities and health care workers have the resources necessary to respond to the COVID-19 pandemic, and distribute them where there is an immediate need. The DOH shall either return the inventory as soon as no longer urgently needed and/or, in consultation with the Division of the Budget, ensure compensation is paid for any goods or materials acquired at the rates prevailing in the market at the time of acquisition, and shall promulgate guidance for businesses and individuals seeking payment. This directive is in effect through May 7, 2020.

Schools and Education

  • All New York Schools shall remain closed until April 29, 2020, at which time the continued closure of New York State schools will be re-evaluated.  This is a modification of the directive contained in Executive Order 202.4 (as amended by Executive Order 202.11) that closed the schools until April 15, 2020.  Schools will not be subject to a diminution in school aid due to the failure to meet the 180 day in session requirement.  The schools must continue their respective plans for instruction, distribution and availability of meals and childcare.

Social Distancing

  • By virtue of previous Executive Orders which closed or otherwise restricted public or private businesses or places of public accommodation, and which required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings or other social events), all such Executive Orders shall be continued, provided that the expiration dates of such Executive Orders shall be aligned, such that all in-person business restrictions and workplace restrictions will be effective until 11:59 p.m. on April 29, 2020, unless later extended by a future Executive Order.
  • In addition to the enforcement mechanisms that had been issued by directive in previous Executive Orders (see, Executive Order 202.11), an individual who violates the directives by participating in any gathering in violation of the terms of the Executive Order or is failing to abide by social distancing restrictions in effect in any place which is not their home shall be subject to a fine not exceed $1,000.
  • Executive Order 202.14 also addresses the issue of personally witnesses the execution of certain critical documents. Effectively through May 7, 2020, the act of personal witnessing required for (a) wills, (b) health care proxies, (c) disposition of remains, (d) recording instruments effecting real property, (e) statutory gifts rider to a statutory short form power of attorney, and (f) execution, amendment and revocation of trusts is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
    • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
    • The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
    • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
    • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
    • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

Department of Financial Services

  • Executive Order 202.14 contains a directive for DFS to issue an emergency regulation giving certain insurance policy holders extra time to pay certain premiums and provide certain protections to those policy holders.  Effective through May 7, 2020, the DFS Superintendent has the authority to promulgate an emergency regulation, subject to consideration of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, health maintenance organization, or student health plan, to:
    • extend the period for the payment of premiums to the later of the expiration of the applicable contractual grace period and 11:59 p.m. on June 1, 2020 for any small group or student blanket comprehensive health insurance policy or contract, or any child health insurance plan policy or contract where the policyholder or contract holder pays the entire premium, as those terms are used in the Insurance Law, for any policyholder or contract holder who is facing financial hardship as a result of the COVID-19 pandemic; and
    • require that the applicable insurer, corporation subject to Article 43 of the Insurance Law, health maintenance organization, or student health plan, shall be responsible for the payment of claims during such period and shall not retroactively terminate the insurance policy or contract for non-payment of premium during such period.
  • Finally, a directive in Executive Order 202.14 also grants the DFS Superintendent the authority to promulgate emergency regulations necessary to implement this Executive Order, including regulations regarding: (1) the waiver of late fees; and (2) the prohibition on reporting negative data to credit bureaus.  The DFS Superintendent may assert this authority through May 7, 2020.


As in prior executive orders, Executive Order 202.14 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis through May 7, 2020.  The Executive Order, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:

Health Care Services and Medical Supplies

  • Allows any physician who will graduate in 2020 from an academic medical program accredited by a medical education accrediting agency for medical education by the Liaison Committee on Medical Education or the American Osteopathic Association, and has been accepted by an Accreditation Council for Graduate Medical Education accredited residency program within or outside of New York State to practice at any institution under the supervision of a licensed physician; and
  • Provides that any parent, a legal guardian, a legal custodian, or primary caretaker who works or volunteers in a health care facility or who reasonably believes that they may otherwise be exposed to COVID-19, may designate a standby guardian by means of a written designation, in accordance with the process set forth in the Surrogate Court Procedure Act and such designation shall become effective also in accordance with the process set forth in such law.

Department of Financial Services

  • Enables the DFS Superintendent to extend the period for the payment of premiums to the later of the expiration of the applicable contractual grace period and 11:59 p.m. on June 1, 2020, for any comprehensive health insurance policyholder or contract holder under an individual policy or contract, as those terms are used in such sections, who is facing a financial hardship as a result of the COVID-19 pandemic.  The modification of law will also require the applicable insurer, corporation subject to Article 43 of the Insurance Law, or HMO be responsible for the payment of claims during such period and cannot retroactively terminate the insurance policy or contract for non-payment of premium during such period.

The copy of Executive Order 202.14 that accompanies this email specifically identifies the applicable laws impacted under these provisions.

Long Point Advisors will continue to update you on events as they unfold.  Again, if you wish to be removed from my e-mail list, please let me know.

Stay safe!