Governor Cuomo confirmed that he will sign an Executive Order allowing outpatient elective procedures to begin April 28, 2020 in facilities located in counties that have been least hit by the COVID-19 pandemic. Specifically, counties which have twenty-five percent (25%) hospital bed capacity and less than ten (10) COVID-19 hospitalizations in the prior ten (10) days (the “Criteria”) are eligible to begin elective surgeries. Restrictions on elective surgery WILL REMAIN IN PLACE in the following counties: Bronx, Queens, Rockland, Nassau, Clinton, Yates, Westchester, Albany, Richmond, Schuyler, Kings, Suffolk, New York, Dutchess, Sullivan, Ulster, Erie, Orange and Rensselaer Counties.
A facility that is located within an eligible county but individually fails to meet the Criteria (e.g., if a hospital in an eligible county has had more than ten (10) COVID-19 admissions within ten days) is not eligible to perform elective procedures. Furthermore, a facility that is initially eligible must cease performing elective procedures if at any time the facility fails to meet the Criteria (e.g., if a hospital’s bed capacity drops below twenty-five percent (25%)).
It is not yet known if this authority to restart elective procedures will apply to ambulatory surgery centers and office based surgery facilities as well as hospitals. It is anticipated that additional information will become available when the Executive Order is officially posted.
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].