New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter IV - Health Information Systems › Part 360 - Surge and Flex System › Section 360.1 - Administrative Purpose, Application and Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
				purpose.
Hospitals across New York State, prior to the COVID-19
				  pandemic, rarely worked together or coordinated as a unified system. But a
				  pandemic on the scale of the COVID-19 crisis demonstrated that hospitals could
				  not meet the demand of the moment unless a new and innovative system was put
				  into place requiring unprecedented coordination, cooperation, and agility. The
				  New York State Department of Health takes note of the successful implementation
				  of the Surge and Flex System by New York State's hospitals and offers these
				  regulations as an additional way to strengthen the pandemic response. Surge and
				  Flex Health Coordination System Activation has helped hospitals respond to the
				  COVID-19 state disaster emergency, and New York's hospitals have made
				  commendable efforts to coordinate their response to the pandemic, to direct
				  patients to the hospitals with the capacity to treat them, and to increase
				  capacity as needed, during each wave of the pandemic.
The COVID-19 crisis demanded a new coordinated approach to
				  ensure no one hospital was overwhelmed by COVID-19 patients or needed more
				  ventilators, while a hospital nearby had capacity for more patients and excess
				  equipment. It was imperative for government to coordinate and organize all
				  hospitals under the umbrella of one unified system, and efficiently use all the
				  resources available in the state to attempt to meet the significant demands of
				  the crisis.
The "Surge and Flex" system is designed to create a single,
				  coordinated statewide system to prevent a disaster from overwhelming any one
				  hospital in the state. The purpose of this NYSDOH regulation is to
				  institutionalize Surge and Flex operation, giving hospitals the time and
				  guidance to adequately prepare for a potential future activation of Surge and
				  Flex. This regulation provides the Department of Health with the necessary
				  tools to enact Surge and Flex operation during another wave of COVID-19, or a
				  future public health emergency. Further, this regulation is designed to help
				  each hospital prepare for this contingency in order to ensure a straightforward
				  transition from standard operating procedures to "Surge and
				  Flex."
(b) Application and
				Scope. In the event of a State disaster emergency declared pursuant to section
				28 of the
				Executive Law, the Commissioner may exercise the authorities granted in this
				Part, thereby maximizing the efficiency and effectiveness of the State's
				hospital systems and mitigating the threat to the health of the people of New
				York. Further, this Part establishes certain ongoing emergency planning
				requirements, called the Surge and Flex Health Care Coordination System, for
				facilities and agencies regulated by the Department.
To the extent that any provision of this Part conflicts with
				  any other regulation of the Department, this Part shall take precedence. All
				  authorities granted to the Commissioner shall be subject to any conditions and
				  limitations that the Commissioner may deem appropriate. The Commissioner may
				  delegate activation of the authorities provided by this Part to appropriate
				  executive staff within the Department. In the event that there are inconsistent
				  statutes, which would preclude effectiveness of such regulation, such
				  regulation shall be effective upon the suspension of such inconsistent statute
				  by the Governor pursuant to authority in Article 2-B of the Executive Law, and
				  such regulation shall immediately be effective.