Plugged In To Covid-19

March 24, 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 Briefings and Announcements
Executive Orders No. 202.98 & No. 202.97
CMS Increases Medicare Payment for COVID-19 Vaccine
CDC: Updated K-12 School Guidance
Guidance on COVID-19
Updated Links and Resources

Governor’s Briefings and Announcements on COVID-19

During the Governor’s most recent briefing, he provided an update on statewide COVID-19 data and activity as of 3/24/2021. The overall statewide positivity rate is 3.51%. Statewide hospitalizations total 4,641, with ICU admissions associated with COVID-19 totaling 918, of which 596 are intubated. The State Department of Health (DOH) has confirmed the first case of COVID-19 that is connected to the Brazilian strain of the virus (known as the P.1 variant) in a patient of Mount Sinai Hospital in New York City. Though this is the first identified case in NY, more than 50 cases have been identified by the CDC nationwide. The Governor also confirmed that, on the previous day, 71 New Yorkers have passed away as a result of COVID-19.

The Governor highlighted the importance of improving public health emergency management and preparedness throughout the State, and announced the launch of the New York State Citizen Public Health Training Program (the “Program”). This Program will be offered to the general public with no out of pocket cost, and is provided through Cornell University. Upon the successful completion of the 8-session, 16-hour curriculum and assessments, participants will receive a certification of completion, recognizing them as a Citizen Public Health Leader. Enrollment for the Program begins today, and the first session will start on April 30. Program information and registration can be found here.

Vaccines: New York has administered over 8 million COVID-19 vaccines, with over 1 million doses administered over the past seven days. Approximately 26.9% of residents (5.37 million) have received their first dose, and 14.1% of residents (2.8 million) are fully vaccinated.

AstraZeneca has announced the results of the third phase trial of AZD1222 – their version of the COVID-19 vaccine.

“The AstraZeneca US Phase III trial of AZD1222 demonstrated statistically significant vaccine efficacy of 79% at preventing symptomatic COVID-19 and 100% efficacy at preventing severe disease and hospitalization.”

AstraZeneca will prepare to submit a request to the US Food and Drug Administration for Emergency Use Authorization (EUA) in the coming weeks.

Vaccine Supply: The federal allocation of vaccines will increase again, and is supported by increases in manufacturing as well as potential new vaccines coming online. The welcomed increase is driving the State to ramp-up the efficient and equitable distribution of doses.

Previously, the Governor visited the Grace Baptist Church in Mount Vernon, NY where he was joined by community leaders and leaders of faith in announcing the creation of the “Roll Up Your Sleeve” campaign. This campaign encourages houses of worship to sign up as COVID-19 vaccination sites. The Governor has asked medical providers to voluntarily partner with houses of worship to help bolster the number of vaccination sites as well as the number of administered doses of vaccine. Interested medical providers and houses of worship can register here.

As of March 23^rd, vaccine eligibility is expanded to include New Yorkers age 50 and older.

Reopening: The Governor has previously announced various reopening measures. Here is a summary of measures and their effective dates.

As of March 22:

The final 5 remaining yellow zone clusters in New York State have been lifted.
Indoor fitness classes are permitted to operate at 33% capacity, statewide.
Outdoor residential gatherings of up to 25 people are permitted, though indoor residential gatherings will remain capped at 10 people for now.
Non-residential social gatherings are permitted with up to 100 people indoors, and up to 200 people outdoors.

Beginning March 29:

Statewide travel for sports and recreational activities will be permitted beyond the current limitations to contiguous counties and regions.

Beginning April 1:

Large outdoor venues/stadiums that hold 10,000 people or more will be allowed to reopen at 20 percent capacity, while smaller venues that hold 1,500+ indoor, and venues that hold 2,500+ outdoor, will be permitted to reopen at 10% capacity and 20% capacity respectively. Attendees must provide proof of a recent negative COVID-19 test, or proof of completed vaccination series.

Beginning April 2:

Smaller arts and entertainment venues can reopen at 33 percent capacity, with up to 100 people indoors and up to 200 people outdoors. However, if all attendees present proof of negative test, capacity can increase to 150 people indoors and up 500 people outdoors.

Beginning April 5:

The 11 p.m. curfew currently in place for casinos, movie theaters, bowling alleys, billiards halls, gyms, and fitness centers will be lifted. The 11 p.m. curfew for food and beverage establishments and the 12 a.m. curfew for catered events will remain in effect. Both curfews will be evaluated in late-April.

Strict adherence to Department of Health (DOH) guidance, as well as health and safety protocols, must be in place.

New York State has also extended the deadline to file personal income taxes from April 15^th to May 17, 2021, which is in line with the newly extended federal income tax filing deadline.

Executive Orders No. 202.98 & No. 202.97

The Governor signed Executive Order (“EO”) No 202.98 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 April 20, 2021, and includes suspensions and modifications to allow for the following.

Extends the period for paying property taxes due in Village of Great Neck Estates, Nassau County, by twenty-one days without interest or penalty.

In addition, this EO modifies and extends the following directives consistent with Chapter 71 of the Laws of 2021, through April 20, 2021:

EO 202.57 is modified such that effective on March 22, indoor fitness classes are permitted to operate statewide, provided there is strict adherence to DOH guidance.
EO 202.74 is modified such that effective on:
March 22, non-essential private outdoor residential gatherings of up to 25 people are permitted; and
April 2, 2021, events, arts, and entertainment venues to reopen at up to 33% capacity, with up to 100 people indoors and up to 200 people outdoors, or up to 150 people indoors and up to 500 people outdoors if all attendees present proof of a negative COVID-19 test.

Social distancing, use of face coverings, and cleaning and disinfection protocols must be adhered to as required by the Department of Health.

The Governor also signed EO No 202.97 which includes suspensions and modifications to allow for the following.

Prohibits the Department of Taxation and Finance from issuing notifications to delinquent property owners of impending disallowances for STAR credits or exemptions, and prohibits the Department from proceeding to disallow such STAR credits or exemption due to failure to pay property taxes in full; and
Extends the period for paying property taxes due in the Village/Town of Mount Kisco, Westchester County, by twenty-one days without interest or penalty.

The Governor also modifies and extends existing directives consistent with Chapter 71 of the Laws of 2021, to permit the following.

Indoor dining in areas outside of NYC to operate at 75% of maximum capacity, effective March 19, 2021, provided the strict adherence of DOH guidance.
Indoor food services and dining to operate at 50% capacity in New York City beginning March 19, 2021, provided the strict adherence of DOH guidance.
The directive contained in EO 202.91, requiring vaccination providers to prioritize individuals, is hereby extended and modified to provide that:
Effective March 10, 2021, pharmacies must prioritize the following groups for vaccinations: (1) individuals age 60 or more, and (2) P-12 school (public or non-public) teachers, substitute teachers, or student teachers; and
Effective March 17, 2021 all providers other than pharmacies are permitted to vaccinate any eligible individual.

Pursuant to Chapter 71 of the Laws of 2021, the Governor’s Office is required to post details regarding all current suspensions and directives as authorized pursuant to EOs 202 and 205 of 2020. A list of COVID-19 Directives can be downloaded by clicking here.

CMS Increases Medicare Payment for COVID-19 Vaccine

On March 15, 2021, the Centers for Medicare & Medicaid Services (CMS) announced an increase to the Medicare payment amount for administering the COVID-19 vaccine.

According to a CMS press release:

Effective for COVID-19 vaccines administered on or after March 15, 2021, the national average payment rate for physicians, hospitals, pharmacies and many other immunizers will be $40 to administer each dose of a COVID-19 vaccine. This represents an increase from approximately $28 to $40 for the administration of single-dose vaccines, and an increase from approximately $45 to $80 for the administration of COVID-19 vaccines requiring two doses.”

This supports the additional costs and significant steps or arrangements providers have taken, or are taking, that ensure communities have access and availability to the COVID-19 vaccines, as well as education and outreach, and additional staffing needs.

Additional information on Medicare payment for COVID-19 vaccine administration can be found here.

CDC: Updated K-12 School Guidance

On March 19, the CDC issued updates to its Operational Strategy for K-12 Schools through Phased Prevention guidance webpage to include the following summary of changes.

Revises physical distancing recommendations to reflect at least 3 feet between students in classrooms and provide clearer guidance when a greater distance (such as 6 feet) is recommended.
Clarifies that ventilation is a component of strategies to clean and maintain healthy facilities.
Removes recommendation for physical barriers.
Clarifies the role of community transmission levels in decision-making.
Adds guidance on interventions when clusters occur.

The State has yet to adopt specific measures of this guidance, though is reviewing the CDC’s recommendations in conjunction with current state guidance.

Guidance on COVID-19 Vaccine

Department of Health (DOH):

COVID-19 Vaccine Provider Guidance Update – The DOH has issued updated guidance for facilities administering the COVID-19 vaccine that reflects the changes in effect as of March 17^th through March 23^rd, which permits enrolled COVID-19 vaccine providers to vaccinate all eligible individuals, with an exception for enrolled retail pharmacies.

Pharmacies should continue to prioritize P-12 school faculty and staff, childcare workers, and are also authorized to vaccinate individuals 50 years and older as well as individuals with comorbidities or underlying conditions.

All providers must make efforts to vaccinate the most vulnerable New Yorkers, including those with comorbidities or underlying conditions, and individuals 50 or older.

As of March 17^th, public-facing government and public employees including not-for-profit workers who provide public-facing services, and essential in-person public-facing building service workers are also eligible to be vaccinated.

The DOH also makes changes to the frequency for reporting by vaccine administrators, with regards to the “additional information on all those vaccinated”, on the COVID-19 Vaccine Tracker. This reporting requirement has been changed from daily – to every Monday and Thursday (see the bottom of page 2 of the guidance). This guidance does not make any changes to the requirements for reporting vaccinations on the NYSIIS, or the CIR within 24 hours of administration.

Lastly, the DOH provides guidance for the limited circumstances which may arise where individuals will need to receive their second dose at a different location than their first. Coordination between the original provider and the Hub Lead Hospital will be necessary when a provider has determined that the recipient cannot return to the location of the first administered dose.

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COVID-19 Vaccine Administration Billing Guidance for Managed Long-Term Care Members without Medicare Coverage – This guidance provides information on the submission of claims for COVID-19 vaccine administration for members without Medicare coverage who are enrolled in a MLTC plan and use Medicaid Fee-for-Service (FFS) for pharmacy benefits.

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Guidance on Signs or Symptoms After COVID-19 Vaccination – The DOH has posted the following two flowcharts regarding possible signs or symptoms related to the COVID-19 vaccination.