Plugged In To Covid-19

February 17, 2021

Coverage of State Actions Surrounding COVID-19

Since the emergence of SARS-CoV-2, the virus that causes coronavirus disease in late 2019, the state has been required to implement mitigation strategies, as well as provide resources for communities and institutions. To help keep clients informed and up to date on the pandemic, the Team at Hinman Straub has released Plugged In To COVID-19; a daily newsletter providing coverage of NY state actions.

What’s Inside Plugged In To COVID-19

Governor’s Briefing and Announcements
Executive Order No. 202.94 & No. 202.93
Open Enrollment for Health Insurance Extended to May 15
Guidance on COVID-19 Vaccine
Updated Links and Resources

Governor’s Briefings and Announcements on COVID-19

During his most recent conference call with media outlets, the Governor provided an update on statewide COVID-19 data and activity as of 2/16/2021. The overall statewide positivity rate is 3.58% with the 7-day rolling average at 3.6%. Statewide hospitalizations decreased by 46, for a total of 6,574. ICU admissions associated with COVID-19 total 1,273 (an increase of 2), of which 854 are intubated, a decrease of 24 from the day prior. The Governor also confirmed that, on the previous day, 109 New Yorkers have passed away as a result of COVID-19. There have been 82 cases identified as the U.K. strain of COVID-19 throughout the state, 11 of which are located in NYC.

Over 3.3 million doses of COVID-19 vaccines have been administered in New York, of which approximately 2.3 million are first doses, the equivalent of 94% of first-dose vaccines received, and over 1 million second doses have been administered. The Governor highlighted that the Biden Administration has announced an increase in allocated doses for Week 11. An additional 13 pop-up vaccination sites will come online throughout the coming week along with four additional joint state-FEMA mass vaccination sites in “socially vulnerable” communities of Buffalo, Rochester, Albany, and Yonkers.

The Governor shared that he, in conjunction with the National Governor’s Association (“NGA”), sent a letter to the Biden Administration asking for improved coordination with the states regarding additional federally participating pharmacies and federally qualified health centers (FQHCs). The Letter also requests separate reporting of – first and second dose allocations as well as federal allocations directed to nursing homes, pharmacies, and FQHCs. Today, he reiterated that any confusion can be avoided or reduced with better federal coordination with states, and then once vaccine supply is substantially increased, multiple points of distribution would be more logical.

During his briefing on Monday, the Governor addressed the recent events between the State Legislature and his office regarding the delayed response to a request for state-managed data on COVID-19 deaths in nursing homes and in hospitals. On Wednesday of last week, the Secretary to the Governor and State Officials held a closed-door virtual meeting with members of the State Legislature to discuss the rationale for temporarily delaying the delivery of the Legislature’s request for information. In a statement released on Friday, 2/12/21 from the Secretary to the Governor, Melissa DeRosa, the Secretary provides clarification to the rationale of the Governor’s Office to “temporarily set aside” the Legislature’s request, in order to focus attention on filling requests for information by the U. S. Department of Justice (DOJ) which was investigating New York’s COVID-19 response in private nursing homes.

The Governor stated that with varying performance among hospitals and among nursing homes during this pandemic, changes are needed and will be included in the 30-Day amendments to the FY 2022 Executive Budget proposal. The anticipated changes will primarily focus on improving hospital and nursing home care during the next surge and pandemic. The Governor will include legislative reforms to hospitals which will respond to varying performance and capabilities of hospitals, along with regulatory reforms on to “for-profit” nursing homes that would establish minimum investments of revenue into the delivery of resident care, limiting any potential margins of “for-profit” nursing homes.

Additionally, on Monday, Governor Cuomo touched on actions to re-open the economy to include the following.

Recent changes allowing limited capacity indoor dining in NYC.
Extended curfews for restaurants liquor and wine stores, gyms, and fitness centers until 11:00 pm.
An increase in MTA rider capacity as a result of reducing the service closure period by two hours, and a phased reopening of the subway beginning on Monday, February 22, 2021. Enhanced cleaning and disinfecting regimens will continue between the adjusted hours of 2:00 a.m. to 4:00 a.m., along with enhanced safety protocols and 500 additional NYPD uniformed officers.

Today, the Governor also announced that the re-opening of indoor family entertainment centers will begin on March 26, starting on April 9^th outdoor amusement parks can re-open, and summer camps can plan to reopen in June, provided that COVID-19 metric numbers do not increase, and testing protocols must be in place.

Executive Orders

The Governor signed Executive Order (“EO”) No 202.94 which continues suspensions and modifications of law, and any directives not superseded by a subsequent directive, as contained in EO No. 202 and each successor EO to 202, for thirty days until March 16, 2021, and includes suspensions and modifications to provide for the following.

Permits the MTA or subsidiary entities to hold public hearings remotely and through use of telephone conference, video conference provided that all public comments may be provided electronically and all required documents and records be available electronically upon request; and
For the calendar year 2021, the deadline for a change of enrollment, or a new enrollment, of a registered voter shall be accepted by the Board of Elections through the next business day following February 14^th, and any such change of enrollment received by the Board of Elections shall be processed until February 16, 2021.

Additionally, this EO includes directives to provide for the following.

Previous directives included in EO 202.74 which implemented a 10:00 p.m. curfew on “liquor stores” and “wine stores”, restaurants – including those approved for on-premise alcohol consumption, and gyms or fitness centers are modified to extend the curfew to 11:00 p.m.

The Governor also signed Executive Order (“EO”) No 202.93 which includes the following modifications to the previously issued directives.

EO No. 202.81, as continued, is modified to allow indoor food services and dining at 25% capacity in New York City beginning February 12, 2021.
EO No. 202.68, as modified, is modified to provide that, there shall not be capacity restrictions on houses of worship located within micro-cluster zones.

This EO also permits that any party caucus, party meeting or party convention held pursuant to the Election Law in the year 2021 while this suspension is effective, may be held by telephonic or video conferencing means in whole or in part at the discretion of the chairperson, provided that any required notice shall include instructions for participation and access for such video teleconference.

Lastly, this EO extends the period for payment of real property taxes without interest or penalty for a period of 21 days for the Village of Lynbrook and Nassau County.

NYS Open Enrollment for Health Insurance Extended to May 15

Governor Cuomo announced today that New York’s health insurance Open Enrollment Period will be further extended to May 15, 2021, in line with the federal Marketplace and many states across the country. This extension will allow consumers even more time to enroll for 2021. New Yorkers can apply for coverage through the NY State of Health, New York’s official health insurance Marketplace, or directly through insurers.

Guidance on COVID-19 Vaccine

Department of Health (DOH) Guidance:

Vaccine Eligibility – New Yorkers must provide documentation to provide proof of having comorbidities or underlying conditions, as required by the facility where they are getting vaccinated which must be either:

Doctor’s Letter, or
Medical Information Evidencing Comorbidity, or
Signed Certification

COVID-19 Vaccination Program Temperature Excursion Report – Complete this report to gather information vaccine manufacturers will need to make a stability determination.

NYS Education Department (NYSED) Guidance:

Interim Guidance Implementing Executive Order 202.90 Licensing of Temporarily-Licensed Pharmacy Technicians – This guidance outlines certification and training requirements, the scope of practice, administration requirements, and any restrictions for temporarily-licensed pharmacy technicians approved to administer the COVID-19 vaccine while under the supervision of a licensed pharmacist.

Guidance to Local Education Agencies to Support Students Experiencing Homelessness – This guidance reviews the requirements of local education agencies (“LEAs”) to ensure that homeless children and youth have equal access to education pursuant to the McKinney-Vento Act, as well as New York Education Law § 3209 and its implementing regulations.

In-person learning and COVID-19 testing and sports participation – This guidance clarifies that parent/guardian consent for COVID-19 testing of students may not be a condition of in-person learning or other school activities. Schools are reminded that the only permissible ground for excluding students is, according to Education Law §906(1), whether they are ill or symptomatic, or if a local health department has otherwise ordered students to quarantine based upon actual or potential exposure to COVID-19.

Office of Mental Health (OMH):

OMH COVID-19 Consolidated Telemental Health Guidance (updated Feb. 2021) – This guidance consolidates and replaces the previous and supplemental guidance issued by OMH relative to the use of telemental health for people affected by the disaster emergency.