Client Alert: NYS Executive Order 202.18 and 202.19 Nursing Home Requirements

By Patrick Formato, Barbara Phair, Frank Mazzagatti and Jonathan Rogoff

Governor Andrew Cuomo issued Executive Order 202.18 and Executive Order 202.19 invoking new powers from a law passed to combat the COVID-19 pandemic to temporarily suspend or modify laws necessary to assist or aid in coping with a declared State disaster emergency.

Executive Order 202.18

The Governor issued directives that require skilled nursing facilities, nursing home, or adult care facilities licensed and regulated by the state to notify family members or next of kin if any resident tests positive for COVID-19 or has a COVID-19 related death within 24 hours of the positive result or death.

Executive Order 202.19

The directive contained in Executive Order 202.18 requiring any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health to notify a family member or next of kin if any resident tests positive for COVID-19, or suffers a COVID-19 related death, within 24 hours is hereby modified solely to provide a penalty for non-compliance of $2,000 per violation per day, as if it were a violation of section 12 of the public health law, and any subsequent violation shall be punishable as if it is a violation of section 12-b of the public health law.

The healthcare attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance from the New York State Department of Health and via Executive Orders issued by the Governor, CMS, and the CDC. When updated information is made available, we will provide you with additional or revised Client Updates. Should you have specific concerns or 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.