Client Alert: Executive Order 202.40: Testing Nursing Homes and Assisted Living Facility Personnel for COVID-19


By Patrick Formato, Barbara Phair and Frank Mazzagatti

On June 10, 2020, Governor Andrew Cuomo issued Executive Order 202.40, which extends the requirement for nursing homes, adult care facilities, adult homes, enriched housing programs and assisted living residences to test all personnel, employees, contract staff, medical staff, operators, and administrators for COVID-19 pursuant to Executive Order 202.30 until July 9, 2020. The modifications in Executive Order 202.30 are continued and amended only to the extent that the operator and administrator of all nursing homes and all adult care facilities, which are located in regions that have reached Phase Two of reopening, must test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week.

The healthcare attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance during this COVID-19 pandemic. Should you have questions, feel free to contact Patrick Formato, Esq., Barbara Stegun Phair, Esq., Frank A. Mazzagatti, Esq., or any other attorney in our health law practice group.

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