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.
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NEW YORK STATE EXECUTIVE ORDERS
(Current as of April 8, 2020)
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EXECUTIVE ORDER
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DIRECTIVE(S)
(Not inclusive of every directive issued under corresponding EO)
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No. 202
(March 7, 2020)
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Declaring a disaster emergency in the New York until September 7, 2020
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No. 202.1
(March 12, 2020)
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- Suspending laws and regulations relating to childcare to allow flexibility for providers while continuing to protect the health and safety of children
- Permitting public bodies to meet and take actions remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding
- Cancelling or postponing any gathering over 500 individuals*
- Reducing any gathering of less than 500 individuals by 50 percent*
- Suspending the waiting period for unemployment insurance claims relating to COVID-19
- Suspending laws relating to emergency procurement of necessary materials, equipment, supplies and services
- Restricting nursing home visitations
- Waiving requirements necessary for apportionment of school aid
*Not applicable to schools, hospitals, nursing homes, certain medical facilities, mass transit and certain retail establishments including grocery stores.
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No. 202.2
(March 14, 2020)
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- Modifying Election Laws to allow for electronic application for an absentee ballot and extending deadlines to apply for such ballot
- Modifying Election Laws to reduce the required number of signatures on petitions to the lesser of (i) 1.5 percent of the enrolled voters or (ii) 30 percent of the stated threshold
- Suspending the in-person candidate petitioning process for electoral primaries
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No. 202.3
(March 16, 2020)
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- Cancelling or postponing any gathering of fifty (50) or more individuals
- Closing of specifically enumerated businesses, including restaurants (able to provide takeout and delivery food service), movie theaters, bars, gyms and casinos
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No. 202.4
(March 16, 2020)
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- Allowing non-essential local government personnel to work from home or take leave without charging accruals
- Closing all schools in the State from March 18, 2020 to April 1, 2020
- Postponing March 17, 2020 village elections
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No. 202.5
(March 18, 2020)
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- Modifying certain Education Laws to allow physicians, nurses, and physician assistants to practice medicine despite lack of licensure or registration, as applicable
- Postponing March 18, 2020 village elections
- Closing indoor shopping malls and indoor places of public amusement from March 19, 2020 to April 17, 2020
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No. 202.6
(March 18, 2020)
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- Mandating remote working procedures, where possible, and reducing onsite workforce by 50 percent for nonessential businesses
- Creating exceptions to the in-person work restrictions for essential businesses
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No. 202.7
(March 19, 2020)
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- Requiring non-essential employers to reduce the in-person workforce by 75 percent no later than March 21, 2020
- Mandating closure of barbershops, hair salons, tattoo or piercing parlors and related personal care services no later than March 21, 2020
- Authorizing notarial acts through audio-video technology, subject to certain conditions
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No. 202.8
(March 20, 2020)
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- Mandating the reduction of onsite workforce for non-essential businesses by 100 percent no later than March 22, 2020
- Placing a 90-day moratorium on any residential or commercial evictions
- Authorizes the abatement of late filing and payment penalties for a period of sixty (60) days for taxpayers who are required to file returns and remit sales and use taxes by March 20, 2020
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No. 202.9
(March 21, 2020)
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- Allowing customers of New York-chartered banks a 90-day mortgage payment forbearance if they are experiencing COVID-19 related hardships
- Restricting or modifying fees for the use of automated teller machines (ATMs), overdraft fees, and credit card late fees
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No. 202.10
(March 23, 2020)
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A number of actions related to healthcare professionals, hospitals, healthcare facilities, emergency medical services, and public health law, including:
- Directing insurers to give the State a list of their employees who are licensed health professionals
- Prohibiting any pharmacist in the State from dispensing hydroxychloroquine or chloroquine, except when written as prescribed for an FDA-approved condition
- Canceling or postponing all non-essential gatherings of any size for any reason
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No. 202.11
(March 27, 2020)
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- Modifying the Public Authorities Law to allow the director of the Authorities Budget Office to disregard reporting deadlines
- Extending school closures until April 15, 2020, initially authorized under EO No. 202.4
- Establishing that the operation of any facility or the occupancy of any space that violates the permissible number of gathered individuals is a violation of law
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No. 202.12
(March 28, 2020)
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- Postponing the presidential primary and special elections to June 23, 2020
- Delaying the State’s tax filing day to July 15 to match the Federal filing date
- Directing hospitals to allow one (1) person, who does not evidence a fever, to be present as a support person for a patient giving birth
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No. 202.13
(March 30, 2020)
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- Directing non-essential construction businesses to comply with in-person workforce reduction
- Modifying EO No. 202.12, which allows one support person for a patient giving birth, to cover labor, delivery and the immediate postpartum period
- Postponing the collection of petitions, as well as certain elections
- Aligning the expiration dates of previous Executive Orders to expire on April 15, 2020
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No. 202.14
(April 7, 2020)
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- Extending the cancellation dates of all non-essential gatherings, school closures, in-person business restrictions and workplace restrictions to April 29, 2020
- Authorizing the DOH to move medical equipment and supplies to areas of immediate need across the State
- Increasing fine for social distancing violations
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