COVID-19/New York State Emergency Approvals

March 21, 2020


We have been heartened by many of our client healthcare facilities and providers developing and offering up unique and creative solutions to address the surge of healthcare needs from the evolving COVID-19 outbreak. We have been working with our clients and the NYS Department of Health (DOH) to facilitate the necessary emergency approvals to implement these proposals in an expeditious manner. As you may know, the NYS Governor’s Executive Order 202.1 gave the DOH the authority to issue these emergency approvals (without a CON).

Different divisions or bureaus at DOH are handling these requests depending on the nature of the facility and the proposal.

If you wish to pursue such a proposal to create additional capacity for COVID-19, while our offices are closed, we are completely set up and are remotely available to help expedite your requests. These requests can include emergency approval for additional capacity or alternative sites for testing, triage, screening or treatment related to COVID-19 surge response. This may include construction or modification requests related to the use of alternative facilities, development of additional capacity or the repurposing of existing space.

Once again, we are proud to consider ourselves part of a healthcare community which has proven itself in this and other crises to be resilient and resourceful. We are here to play our part to help manage these challenging times.

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Should you have any questions, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at We have attorneys on call 24/7. If you call our main number, 516-393-2200, it will direct you to the on-call attorney.