[directive] WHEREAS, Coronavirus disease 2019 ("COVID-19") is a contagious and, at times fatal, respiratory disease caused by the SARS-Co V-2 virus; and WHEREAS, COVID-19 is responsible for the 2019 coronavirus outbreak which has now spread to the United States of America, including but not limited to the State of New Jersey; and WHEREAS, the spread of COVID-19 within New Jersey constitutes an imminent public health hazard that threatens and presently endangers the health, safety and welfare of the residents of the State; and WHEREAS, on March 9, 2020, New Jersey Governor [...] issued Executive Order No. 103 ("EO 103") proclaiming that a public health emergency and that a state of emergency exists in the State of New Jersey; and WHEREAS, EO 103 recognizes that it is necessary and appropriate to take action against this public health hazard to protect and maintain, as well as, restore the health, safety and welfare of New Jersey residents and visitors pursuant to N.J.S.A. 26:13-1, et seq. and N.J.S.A. App. A:9- 33, et seq., among other legal authorities; and WHEREAS, as of April 11, 2020, there were at least 58,151 positive cases ofCOVID-19 in New Jersey and at least 2,183 of those cases having resulted in death; and WHEREAS, of the infected persons hospitalized, many will require ventilators and other scarce resources; and WHEREAS, based upon currently available information and estimates, the number of infected persons requiring ventilators and other medical equipment will likely exceed the number of available ventilators and other medical equipment available; and WHEREAS, [...], MD, MAS, of the [...] has published a Model Hospital Policy for Allocating Scarce Critical Care Resources (the "Pittsburgh Model Policy"); and WHEREAS, the [...] published Allocation of Critical Care Resources During a Public Health Emergency on April 11, 2020, which is adapted from the Pittsburgh Model Policy; and WHEREAS, it is in the public interest to implement measures that accomplish the goal of ensuring that all health care facilities that may face a shortage of ventilators or other scarce resources adopt and adhere to medically ethical and appropriate guidelines for the allocation of ventilators, ICU/critical care beds, and critical care staff, and develop a structure to effectuate those guidelines; and WHEREAS, Executive Order No. 112 (2020) confers immunity on healthcare providers for certain acts or omissions in the course of providing services in support of the State's COVID- 19 response, but such immunity may not provide adequate protection from liability for acts or omissions pursuant to, and consistent with, a facility's resource-allocation policy; and WHEREAS, the New Jersey Emergency Health Powers Act, specifically NJ.S.A. 26:13- 11, authorizes the Commissioner of the [...] to issue orders to 2 control, restrict and regulate by allocation the use of medical supplies necessary to protect the public health, safety and welfare of the people of the State; and I, [...], Commissioner of the New Jersey Department NOW THEREFORE, of Health, by virtue of the powers vested in me by the New Jersey Emergency Health Powers Act, N.J.S.A. 26:13-1, et seq., as well as the authority conferred on me by Executive Order No. 103, do hereby declare and order as follows: