Monday evening, Governor Cuomo posted Executive Order 202.77, his eightieth Executive Order during the COVID-19 state of emergency. Executive Order 202.77 issues one directive and modifies or suspends certain laws, each of which are designed to address matters related to the COVID-19 crisis. Executive Order 202.77 is effective from November 23, 2020 through December 23, 2020. A copy of Executive Order 202.77 can be found here.
- Effective immediately, the New York State Health Commissioner is ordered and directed under Executive Order 202.77 to establish guidelines for the acceptance of patients after being released from a nursing home or adult care facility for a leave of absence to visit friends or relatives. Any guidance issued shall be binding on all such facilities as required by Executive Order 202.30, including ability to implement transmission-based precautions for such resident. This directive is effective through December 23, 2020.
SUSPENSION OF LAW
As with many previously issued executive orders, Executive Order 202.77 also suspends or modifies certain laws to aid in New York’s efforts to combat the COVID-19 crisis, this time through December 23, 2020. To that end, Executive Order 202.77 modifies or suspends:
- Sections 415.3(i) and 1001.7(a) of title 10 NYCRR and sections 487.4(c), 488.4(c), and 494.4(e) of title 18 NYCRR, to the extent necessary to comply with guidance issued pursuant to the above directive for patients being released from a nursing home or adult care facility for a leave of absence to visit friends or relatives, in order to protect the health and safety of other residents at the facility upon such resident’s return.