Good afternoon,
Happy Friday! Governor Andrew Cuomo issued Executive Order 202.18 last evening. This Executive Order, the nineteenth (19th) 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. This Executive Order is effective from April 16, 2020 through May 16, 2020. A copy of Executive Order 202.18 accompanies this e-mail.
NEW AND EXTENDED DIRECTIVES
Governor Cuomo has issued and extended certain directives in Executive Order 202.18 to stem the COVID-19 virus throughout New York State. In particular, Governor Cuomo utilizes Executive Order 202.18 to extend his NYS on Pause program, keep social distancing in place and protect citizens from COVID-19.
Schools and Education
- All New York Schools shall remain closed until May 15, 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 and Executive Order 202.14) that closed the schools until April 29, 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 May 15, 2020, unless later extended by a future Executive Order. All enforcement mechanisms by state or local governments shall continue to be in full force an effect until May 15, 2020 unless later extended by a future Executive Order.
- Any person utilizing public or private transportation carriers or other for-hire vehicles, who is over age two and able to medically tolerate a face covering, shall wear a mask or face covering over the nose and mouth during any such trip. Moreover, any person who is operating such public or private transport, is also required to wear a face covering or mask which covers the nose and mouth while there are any passengers in such vehicle. This directive shall take effect on Friday, April 17, 2020 at 8 p.m., which is the same date and time for the directive in Executive Order 202.17 requiring individuals to wear a mask when unable to socially distance.
Notification by Nursing Home
- Any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health shall notify family members or next of kin if any resident tests positive for COVID-19, or if any resident suffers a COVID-19 related death, within 24 hours of such positive test result or death.
SUPENDED OR MODIFIED LAWS
As in prior executive orders, Executive Order 202.18 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 16, 2020. A significant number of the laws modified or suspended under Executive Order 202.18 address ability for certain professionals to assist in COVID-19 relief despite lacking a New York license. The Executive Order, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:
Staffing
- Permits graduates of State Education Department registered, licensure qualifying nurse practitioner education programs to be employed to practice nursing in a hospital or nursing home for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, provided that the graduate files with the State Education Department an application for certification as a nurse practitioner;
- Permits graduates of State Education Department registered, licensure qualifying clinical laboratory technology and clinical laboratory technician education programs to be employed to practice for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, in a clinical laboratory with a valid New York State permit, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit;
- Allows registered nurses, licensed practical nurses, and nurse practitioners or a substantially similar title licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure;
- Allows physicians licensed and in current good standing in any province or territory of Canada, to practice medicine in New York State without civil or criminal penalty related to lack of licensure;
- Allows physician assistants or a substantially similar title licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure;
- Permits radiologic technologists or a substantially similar title licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure;
- Allows clinical nurse specialists, specialist assistants, and substantially similar titles certified and in current good standing in any state in the United States, or any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of certification;
- Allows licensed master social workers, licensed clinical social workers, and substantially similar titles licensed and in current good standing in any state in the United States, or in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure;
- Allows specialist assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers, licensed master social workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who have an unencumbered license and are currently in good standing in New York State but not registered in New York State to practice in New York State without civil or criminal penalty related to lack of registration;
- Permits graduates of State Education Department registered, licensure qualifying nurse practitioner education programs to be employed to practice nursing in a hospital or nursing home for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, provided that the graduate files with the State Education Department an application for certification as a nurse practitioner;
- Permits graduates of State Education Department registered, licensure qualifying clinical laboratory technology and clinical laboratory technician education programs to be employed to practice for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, in a clinical laboratory with a valid New York State permit, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit; and
- Allows clinical laboratory practitioners to perform testing in a clinical laboratory under remote supervision, provided a supervisor is on-site at least eight hours per week.
Elderly and In-Home Services
- Makes home-delivered meals available to persons age 60 or older who do not meet the legally listed eligibility requirements;
- Suspends or modifies the requirements that meals to be served provide minimum percentages of the dietary reference intake;
- Suspends or modifies the requirements that menus be reviewed and approved by a registered dietitian;
- Suspends or modifies the requirements that menus follow a minimum of a four-week cycle;
- Suspends or modifies the requirements that home-delivered meals be provided 5 or more days per week;
- Suspends or modifies the requirement of an in-home supervisory visit within 5 days of the first time services are provided to a client;
- Allows for all new clients to be provided services under the Expanded In-Home Services for the Elderly Program without the requirement that any such clients pay cost-sharing until such time as an assessment is conducted and a cost share amount can be determined; and
- Suspends or modifies the requirement that client contacts be conducted in-home or in-person and allows for all required client contacts to be conducted by telephone or otherwise remotely.
Social Security and Retirement
- Waives the 15 day waiting period in which a service retirement application must be on file before it becomes effective, which suspension shall be deemed to have been in effect on and after the issuance of Executive Order 202, and shall enable any member who has died due to COVID-19 after March 7, 2020 while an application was on file, but not yet effective, shall be entitled to retirement benefits due to them pursuant to this suspension.
Extensions of Time for Certain Business Registrations and Authorizations
- Extends the triennial registrations of pharmacy establishments who are currently registered and whose registration is set to expire on or after March 31, 2020. An application for re-registration of such registrations shall be submitted no later than 30 days after expiration of Executive Order 202;
- Extends the statements of domestic or foreign professional service corporations, design professional service corporations, registered professional limited liability partnerships, New York registered foreign professional limited liability partnerships whose statements are set to expire on or after March 31, 2020. Such statements shall be filed no later than 30 days after the expiration of Executive Order 202;
- Extends the triennial renewal of certificates of authorizations of domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered professional limited liability partnerships, New York registered professional foreign limited liability partnerships, partnerships and joint enterprises specified in Education Law §7209(4) authorized to provide professional engineering, land surveying or professional geology services whose certificates of authorizations are set to expire on or after March 31, 2020. The application for the renewal of such certificates of authorization shall be submitted no later than 30 days after the expiration of Executive Order 202; and
- Extends the waivers for certain special education schools and early intervention programs providing certain professional services whose waivers are set to expire on or after March 31, 2020. An application for renewal of such waivers shall be submitted no later than 30 days after expiration of Executive Order 202.
Real Estate
- Provides that to the extent certain New York rules and regulations require a sponsor to set forth a budget for the first year of condominium operation, the requirements with respect to any such projected first year of condominium operation are hereby tolled for the duration of Executive Order 202.18. Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of this executive order and shall not be required to offer rescission, to the extent such budget for the first year of operation does not increase by 25 percent or more during the pendency of the state of disaster emergency; and
- Provides that to the extent certain New York rules and regulations require a sponsor to offer rescission if the first closing of a unit does not occur within the first year of operation projected in schedule B, is hereby tolled for the duration of the executive order. Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of Executive Order 202.18.
General Business Law Matters
- Permits annual meetings of members to be held remotely or by electronic means;
- Provides that to the extent certain laws require that an offering statement or prospectus become effective within fifteen months from filing or from the date of issue of the letter of the attorney general stating that the offering statement or prospectus has been accepted for filing, and any such fifteen month period, shall be tolled during the duration of Executive Order 202.18; and
- Provides that to the extent certain laws require certain filing fees be made at the time of submission and filing of each offering statement or prospectus, such fees shall be exempted during the duration of Executive Order 202.18, it being understood that such filing fees shall be remitted in full to the department of law within 90 days from the expiration of the Executive Order.
The copy of Executive Order 202.18 that accompanies this e-mail specifically identifies the applicable laws impacted under these provisions.