Gov. Andrew Cuomo issued New York State Executive Order (“EO”) No. 202.14, the 15th EO issued during the COVID-19 state of emergency. These orders modify or suspend several New York State (the “State”) statutes, laws, codes, rules and regulations and further establishes directives to combat the COVID-19 pandemic.
EO No. 202.14 extends, with certain exceptions, the directives contained in the previous EOs for thirty (30) days until May 7, 2020. 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.
For reference, a brief summary of each Executive Order issued-to-date is listed in the chart below.
We start first by outlining the new directives established by EO 202.14:
New York State Department of Health
Through May 7, 2020, EO No. 202.14 directs all entities that possess ventilators, personal protective equipment and other medical equipment needed to combat the COVID-19 pandemic to report all such equipment to the New York State Department of Health (“DOH.”) The DOH can then transfer any unneeded equipment to a facility in need of such equipment. If the medical equipment is no longer needed, the DOH will return the equipment to its original inventory or provide market-rate compensation for such equipment.
Schools
All New York schools will stay closed until April 29, 2020, at which time the continued closure of schools will be re-evaluated. Schools are not subject to a diminution in school aid due to the failure to meet the 180-day in-session requirement. Schools must continue their respective plans for instruction, distribution and availability of meals and childcare.
Social Distancing
All non-essential gatherings of individuals (of any size and for any reason) and all in-person business restrictions and workplace restrictions will be effective until 11:59 p.m. on April 29, 2020, unless extended by a future Executive Order. An individual who violates gathering restrictions and fails to abide by social distancing restrictions outside of the home shall be subject to a fine not to exceed $1,000.
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 certain conditions to witnessing are met.
New York State Department of Financial Services
Through May 7, 2020, the New York State Department of Financial Services (“DFS”) is directed to extend the period for payment of certain premiums to the later of the expiration of the applicable contractual grace period or 11:59 p.m. on June 1, 2020, policyholders. The DFS Superintendent has the authority promulgate an emergency regulation during this period, subject to consideration of the liquidity and solvency of the applicable insurer, the applicable corporation (subject to Article 43 of the Insurance Law), the health maintenance organization, or the student health plan.
For more information and resources, visit our COVID-19 Resource Page.
This alert does not purport to be a substitute for advice of counsel on specific matters.
Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.
NEW YORK STATE EXECUTIVE ORDERS
(Current as of April 8, 2020) |
|
EXECUTIVE ORDER |
DIRECTIVE(S) (Not inclusive of every directive issued under corresponding EO)
|
No. 202 (March 7, 2020) |
Declaring a disaster emergency in the New York until September 7, 2020 |
No. 202.1 (March 12, 2020) |
*Not applicable to schools, hospitals, nursing homes, certain medical facilities, mass transit and certain retail establishments including grocery stores. |
No. 202.2 (March 14, 2020) |
|
No. 202.3 (March 16, 2020) |
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No. 202.4 (March 16, 2020) |
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No. 202.5 (March 18, 2020) |
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No. 202.6 (March 18, 2020) |
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No. 202.7 (March 19, 2020) |
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No. 202.8 (March 20, 2020) |
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No. 202.9 (March 21, 2020) |
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No. 202.10 (March 23, 2020) |
A number of actions related to healthcare professionals, hospitals, healthcare facilities, emergency medical services, and public health law, including:
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No. 202.11 (March 27, 2020) |
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No. 202.12 (March 28, 2020) |
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No. 202.13 (March 30, 2020) |
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No. 202.14 (April 7, 2020) |
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