Governor Cuomo Signs Executive Orders Authorizing the Suspension or Revocation of Skilled Nursing Facilities’ Operating Certificates
On April 24, 2020, Governor Cuomo signed Executive Order 202.23 authorizing:
- The Commissioner of Health to suspend or revoke the operating certificate of any skilled nursing facility or adult care facility if it is determined that such facility has not adhered to any regulations or directives issued by the Commissioner of Health; and
- The Commissioner is authorized to appoint a receiver to continue the operations of a facility on 24 hours’ notice to the current operator, in order to preserve the life, health and safety of the public.
DOH and NY AG’s Office Increase Nursing Home Oversight Activities
In addition, over the past week, we have seen increased oversight activity by both the Department of Health and the Attorney General’s Office related to COVID-19 and compliance with executive orders.
Governor Cuomo Signs Executive Orders Allowing Pharmacists to Order and Administer COVID-19 Tests and Detect SARS-CoV-2 or its Antibodies
On April 25, 2020, Governor Cuomo signed Executive Order 202.24 authorizing the following from April 25 through May 25, 2020:
- Licensed pharmacists may order FDA-approved COVID-19 tests to detect SARS-CoV-2 or its antibodies, and administer COVID-19 tests (subject to certificate of waiver requirements) in patients suspected of a COVID-19 infection, or suspected of having recovered from COVID-19 infection, subject to completion of appropriate training developed by the Department of Health; and
- Amends the Public Health Law to allow pharmacists to be designated as qualified healthcare professionals for the purpose of directing a limited service laboratory to test patients suspected of COVID-19 infection or for its antibodies provided that the test is FDA-approved and waived for use in a limited service laboratory.
Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].