On April 16 and April 17, 2020, Governor Cuomo signed Executive Orders 202.18 and 202.19, respectively, clarifying COVID-19 notification requirements for skilled nursing, nursing home, and adult care facilities licensed and regulated by the Commissioner of Health. Executive Orders 202.18 and 202.19 collectively provide:
- Nursing homes and adult care facilities (e.g. assisted living residences) are required to notify a resident’s family member or next of kin if any resident tests positive for COVID-19 or suffers a COVID-19 related death, within 24 hours of such test result or death.
- Non-compliance with such reporting requirements can result in a $2,000 penalty, per violation, per day. Subsequent violations may be punishable as a violation of the Public Health Law (e.g. misdemeanor and/or fine).
Following these Executive Orders, the New York State Department of Health (“DOH”) issued an update to its guidance concerning resident and family communication. In the more recent guidance, issued April 19, 2020, DOH clarifies that the facility must notify family members and next of kin for all residents if any resident tests positive for COVID-19 or suffers a COVID-19 related death. DOH encourages facilities to implement some of the “best practices” identified to keep families informed, involved and have their questions answered. DOH also reminds facilities that they are required to meet the psychosocial needs of all residents, including their emotional and physical well-being, self-determination and self-respect, and dignity. The guidance includes a list of additional ideas to keep residents and families connected during the pandemic.
Additional nursing home notification requirements are being implemented by CMS. See Garfunkel Wild’s Client Alert “New Federal Reporting Requirements For Confirmed Or Suspected Cases Of COVID-19 Among Residents And Staff In Nursing Homes.”
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].